“As stated several times, given the technical/legal aspects of the tender, the following procedures could only be followed: with Management Determination no. 1497/2017, the tender was announced, with the criterion of the most economically advantageous offer (pursuant to art. 95 of Legislative Decree 50/2016) for the assignment of the school canteen service of the nursery school of the Municipality of Acerra for three years, through the Interregional Public Works Authority in its capacity as its Representative”. This was stated, in order to clarify the judicial matters, by the Councilor for Education of the Municipality of Acerra (Na), Milena Petrella, together with the director of school services of the Municipality of Acerra, Salvatore Pallara, regarding some news disclosed on the tender for the school canteen service of the Municipality of Acerra, in order to clarify the judicial matters and avoid any possible instrumentalization. “In this regard – Petrella and Pallara continued – with a specific Provisional Decree of 28/11/2018, the Interregional Public Works Office for Campania, Molise, Puglia and Basilicata, the sole contracting authority of the Municipality of Acerra, declared the Global Service srl company the successful tenderer for the school canteen service for the nursery schools of the Acerra educational institutions for three years. Two appeals were filed against this provision by another company that had participated in the tender, both against the award provision and against the exclusion from the tender of the same appellant, the latter appeal having reached the Council of State”.
“Despite this – Petrella and Pallara underlined – on 24 September 2019 the 'Minutes of early execution of the contract' was signed relating to the school canteen service for the 2019/2020 school year, with which the parties agreed to proceed with the early execution of the contract as a matter of urgency, pending its signing, establishing the early start of the service starting from Monday 7 October 2019. This provision was nullified, cancelling the efforts of the municipal offices, by decision no. 6431/2019 notified today, 26 September 2019, to the Municipality of Acerra, with which the Council of State rejected the appeal of the Ministry of Infrastructure and Transport against the ruling of the TAR Naples no. 7959/2018, confirming, definitively, the illegitimacy of the measure to exclude a company participating in the tender for the assignment of the school canteen service. Having taken note of the measure of the Council of State and taking into account that the applicant Company has been readmitted to the tender, the director of the Entity with Determination n.1180 has revoked the early execution of the contract, pending new determinations of the Interregional Public Works Authority in its capacity as His”. Furthermore, that tomorrow the councilor Petrella, the director Pallara and the head of the School Service of the Municipality of Acerra as well as Rup, Romano, will go to Your for all the necessary clarifications regarding the completion of the tender itself. Finally, Petrella and Pallara pointed out that "these juridical/legal aspects demonstrate that those who set themselves up as 'improvised' jurists have a short-sighted vision of the matter, which does nothing but poison the climate for political purposes only. We will continue to make every possible effort to legitimately guarantee, and according to legal procedures, the rights of our children".
EDITORIAL TEAM
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