The Council of Lisbon canceled the contest that would carry out the works of the second circular for having “conflict of indications of interest” of the designer floor (after tornado seller of a component of the deck), but before that the very authority created the conditions for the situation which led the Selection Board to declare “nullity” of the whole procedure.
According to the jury report on which was based the decision to Fernando Medina to halt the works, the municipality approved the work award project without having noticed that there was only one company in the domestic market able to provide a given component of the pavement (RAR additive, to incorporate the metuminosa mixture) – the same company that had once been the author of the project, but then extended its business to the ‘manufacturing and marketing “of this component, so playing in two trays
the document signed by the jury reveals a second particularity. was the specifications drawn up by the municipality to create a” specification discriminatory technical “(as dubbed) that would give space to the situation that would later be invoked to cancel the tender.
glued to the ground
According to the second final report of the jury dated 26 August (where complaints are assessed on a first report of 11 July), the defense of one of the crowded businesses in the competition was due to the fact that “having noted that the paving project was prepared by same entity that sells, exclusively on national territory, the bituminous paving solution (mix bituminous hot with the addition of rubber Penu reacted and activated – RAR). “
in other words, only following the arguments one of the competitors, the municipality realized that there was a monopoly for the supply of a given material. The ‘distraction’ of the House has been criticized by a former councilor, who came to have special responsibility of the works, an expert in mobility. Fernando Nunes da Silva, also professor of the Instituto Superior Técnico, Lisbon, says that before conditions set out in the contract documents would be expected-both of the jury, in order to ensure “best practices.”
first, whether the pavement component possessed the requisite qualities for “noise reduction” or “permeability”. Second, measure had “an affordable cost.” This would verified that there is in Portugal “several companies to produce the component, so that there is a choice depending on market conditions.” – And not a single vendor to dictate the price
“If the evaluation of the proposal did not pass on the two screens, the responsibility is of the House, “said Nunes da Silva.
Two in a
the company in question is the Consulpav, when the tender for the award of the work (ie, the execution of the work, a different procedure from that in which the contract of the project is approved) presented with contractors to offer the component that had defined – news already revealed by the Express last sexta- fair, in its edition. It was there “conflict of indications of interest” that the Council decided on Friday to cancel the tender (on the second phase of construction of the second ring road), thus suspending the bulk of the work.
But the report of the jury, approved at a meeting seven days before Fernando Medina to follow the recommendations proposed to cancel the procedure), uncovers another point of a puzzle that are still missing some pieces. According to the document, it was the authority of the tender documents (prepared in terms that deserve criticism) that allowed the situation would dictate the annulment of the competition.
In its assessment of the complaint against the role played in this process by Consulpav, the jury states that face the contractors of questions about whether “solutions were accepted alternatives to RAR additive has always been answered by the designer who were not admitted variants proposals, particularly with regard to materials.”
He adds the report: “This sealed completely the possibility of being considered another alternative material that recommended in pavement design.” This is where the five jury members make a direct reference to the relevance of the terms of the specifications. To make use of this understanding recorded in a judgment of the Court: “The introduction of the specifications of discriminatory technical specifications, favoring or disfavoring certain undertakings or certain products is prohibited …”
conclusion, writes the jury: “the predetermined requirement in the project paving the use of RAR component, that this additive be provided, at least during the preparation of the proposals by the various competitors, the designer and the fact not be admitted proposed variants, conditions indisputably (…) all the results of the competition. “
a new mystery Lisbon
in an intricate story, you need to place the facts in time to the plot becomes more readable.
on 23 December, the date on which was received in the House the overall project requalification of the second round, the Consulpav (subcontracted to define the pavement specifications) only made work design and consulting.
About a month later, extended its social object, passing also to dedicate himself to “manufacture and marketing” of bitumen components to be placed on the carriageway.
on 11 July, the jury took a first decision on the award of the work, gave it to certain general contractor (whose identity the council never released). On that date, in relation to the floor, not yet made the municipality a correct assessment of the market, to know how many companies marketed the product.
The first decision of the local authority for the award of the work was challenged by three crowded business . One of them, wrote the jury in the August 26 report (and in some other part of the conclusions that assertion is called into question), claimed the status of “exclusivity” that Consulpav created for you.
it was the existence of this double offer the company that has the authority to cancel the tender. But as it reels off the ball, are to wear loose ends. One is that to sell the RAR additive there was only one in the country now (the same that elected him on the pavement project). Another loose end is that it started, after all, in the specifications.
In a story still chapters to tell, will have to be concluded, with some irony, that the Consulpav has not gone down the “manufacture and marketing “of the additive, there would be in the national territory any supplier of the product.
Thus far is to understand how the Council of Lisbon intended to pave the second round with a bitumen carrying a specific component (tax rest of the specifications), but that did not yet exist in Portugal.
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