In Single Independent Public Procurement Authority (EADESY) brought on 28 December 2023 by «ASSOCIATION OF ACTORS ATE - GOLIOPOULOS S.T.E. KYTHIRA» against the Municipality of Kythira concerning the procedure for the award and evaluation of tenders for the project sewerage of the South Department of Kythera.
The applicant claims that the Municipality should because of the conditions he chose to introduce in such a large competition, finally only two tenders were received. The grounds put forward by the applicant are that «its own technical bid was unlawfully excluded».», while «unlawfully accepted» the economic operator's tender SPATIAL TECHNOLOGY S.R.O.
The applicant seeks the annulment of the decision 151/18-12-2023 of the Economic Committee of the Municipality of Kythera on the subject: «Approval of Act II of the tender of the project «Sewerage of the South part of Kythera Island». It also requests that its exclusion be annulled and that the economic operator HOROTECHNIKI S.A. be excluded. «in order not to create irreversible and in any case difficult to reverse legal situations».
Judgment on the reference for a preliminary ruling
The Single Public Procurement Authority has set a date examination the reference for a preliminary ruling on 5 February 2024.
It is recalled that with the recommendation of the Mayor of Kythera and the decision of the Economic Committee already from September 2023 an Athens lawyer was instructed to bring an application before the Council of State for suspension - annulment against the previous application for suspension - annulment of the decision of the NADESY (No A 890/2023).
Suspension of the tendering procedure
By decision of yesterday 8 January HADESY granted the request for suspension - interim measures as requested by the applicant; and suspended the progress of the tendering procedure and in particular the opening of the tenderers' financial offers until a decision on the appeal has been taken.
Below are the documents relating to the appeal, the hearing of the appeal and the suspension of the tender procedure.
