15.05.2014 – The law firm “Spilios Spiliopoulos and Associates” is representing the public limited company PANERGON SA in the context of a public tender for the filing of a pre-trial appeal against the minutes of the Evaluation Committee of the REGIONAL ASSOCIATION OF SOLID WASTE MANAGEMENT AGENCIES SOLID WASTE MANAGEMENT AGENCIES (FODSA) OF CENTRAL MACEDONIA.
Panergon SA, a member of the Sfakianakis Group of Companies and exclusive representative of, among others, DAF Trucks products in the Greek market, has been operating in Greece for decades, offering comprehensive pre- and after-sales services for DAF trucks, Temsa buses, and agricultural machinery from Italian manufacturers Landini, Valpadana, Gallignani, etc. During the appeal proceedings, the Office proved, among other things, that the scoring – re-evaluation, in a technocratic manner, of our company’s bid is in any case required by the principles governing public works law, specifically the principles of strict formality and the binding force of the tender notice. Specifically, the tender notice is a regulatory act of the administration, which is mutually binding on the contracting authority and the tenderers, the terms of which cannot be subsequently challenged either by the contracting authority or by the tenderers who have participated unreservedly in the tender [E.A. Council of State 348/2010, 613/2009; Council of State (Full Court) 1415/2000, E.A. Council of State 753/2008, 754/2008, 681/2005, etc.; Council of State 2635/2009, Council of State 1619/2008, Council of State 1400/2007, 4272/1999, Council of State 4155/1998, Council of State 3797/96, Council of State 1754/96, Council of State 5670/96, Council of State 3984/90, Council of State 4607/86, etc.]. This means that the terms of the tender notice are strong and absolutely binding on all parties (the contracting authority and the tenderers), and take precedence over any conflicting provision of law or other regulatory act of the Administration. Furthermore, given that the tender notice is binding on both the contracting authority and the tenderers, the contracting authority must strictly apply its terms. On the basis of the above, the Court obliged the Evaluation Committee to re-evaluate the company’s technical and financial offer.
