New grain for the municipal administration of Bosa, due to the decision of the Sardinia Tar which decreed the suspension of the documents relating to the tender for the identification of a third party for the management of the "harvest" of "sas covas". This until the decision of the council chamber of the same administrative court scheduled for September 21st .
As we learn in the decree of last August 1st signed by the president of the TAR Marco Lensi, the suspension arrived on an appeal brought against the Municipality by Nautica Pinna e Servizi Srl of Bosa represented and defended by the lawyers Mauro Barberio and Stefano Porcu. The plaintiffs requested the annulment of the determination of the financial area manager of the Municipality, published on 29 June, of the consequent notice and specifications relating to the tender for the concession of the management and control service of the port complex "Bosa municipal dock". The Tar, the decree reads, "after having requested counter-deductions from the municipal administration which did not arrive within the assigned term, considered the existence of the extreme gravity and urgency and accepted the request".
Daniel Pinna, partner of Nautica Pinna, highlights the reasons that led to the appeal to the Tar. «In the first place - he underlines - the new procurement code which entered into force on July 1st has not been applied. The Municipality - he adds - had initially tried to publish the tender on 30 June, probably to remain within the terms of application of the old procurement code but, perhaps due to haste, they were forced to cancel the publication and then re-propose it on 3 July, when the new procurement code had now entered into force.
«From a company perspective - explains Pinna - we believe instead that as a leading company in the sector on the western coast of Sardinia, we were in fact excluded from the tender because the Municipality, as recognized by the Tar, proposed a clause that did not allow those who had of disputes with the Municipality in the last 10 years. Another important motivation - Pinna points out - is the uneconomic nature of the tender, as the winning company could not even pay the general expenses, considering that it only has the possibility of having 230 berths to be granted at the prices imposed by the Municipality".
The call for tenders provides for a figure of over one million euros for 48 months, while for each single year the figure is 256 thousand euros . The entrepreneur Daniel Pinna, calculations in hand, points out that it is not possible to work in this way and estimates that only for the personnel to be employed, plus the requested port manager, 200 thousand euros would not be enough. «To these would be added - he underlines - the management costs of cleaning, electricity and water. I am convinced that no one would have taken part in this match».