The suspension of Imserso trips is lifted. The Central Administrative Court of Contractual Appeals (TACRC) has issued resolutions rejecting the appeals presented to the contracting of the Social Tourism program of the Institute for the Elderly and Social Services (Imserso) by the Spanish Confederation of Tourist Accommodation (CEHAT) and by the Association Tourist Hotel Business of the Valencian Community (HOSBEC), according to Imserso sources.
The Court, according to these sources, “confirms the full legality of the contracting specifications and lifts the suspension of the contracting procedure” that the court issued on August 5.
This setback, according to these sources, “has not in fact led to any delay in contracting operations, so that the planned schedule for awarding the lots in September is maintained to start the trips in October as scheduled.”
“From the Imserso we continue working so that the resumption of this activity can be carried out in the 2021-2022 season with all the safety measures and with the aim of recovering an active and healthy aging activity so important and necessary for the elderly and for the maintenance of employment in the tourism sector “.
Among other reasons, the resolution rejecting the CEHAT appeal, to which elDiario.es has had access, indicates that the breakdown of costs included in the contractual documentation and the cost calculations made explicit by the contracting body “cannot prevail the limited and partial calculations that the appellant contributes in her study of costs and in the data of the INE ”.
Likewise, “it does not seem to make sense that for the establishment of the bid base budget and the estimated value of the contract, the estimated salary costs based on the innumerable agreements should be included, in a disaggregated manner and with disaggregation of gender and professional category. groups that may be applicable (and that not even the appellant identifies in her appeal regarding the specific accommodation and maintenance service in hotel establishments) “.
“It does not seem that it was the legislator’s desire to submit to such materially impractical requirements, assumptions so unique and so far removed from the typical service contract, such as the one now considered.”
“The documentation incorporated into the contracting file, together with the scarce specificity of the arguments adduced to the contrary by the appellant, lead the Court to consider that the contracting authority has calculated the base budget for the tender and the estimated value of the contract, going to data and procedures that allow them to be approximated to market prices “, adds the court, which recalls that the execution of this program” involves about one million trips per season with departures from all provincial capitals, by different means of transport ( land, rail, air and maritime), and with stays in different destinations, which exponentially multiplies the number of applicable collective agreements “.
Regarding the appeal of the Valencian hotel management, the resolution rejects that the exclusion of two-star hotels “violates the principles of equality and effective competition”, as argued by HOSBEC.
“Simply, the contracting body has considered more satisfactory for the users who are the recipients of the Program that the accommodation is provided in hotels with three or more stars. The fact that in previous tenders there have been two-star hotels does not presuppose the acquired right of the owners of said hotel establishments to participate in all future tenders, as this would be as much as imposing on the contracting body a kind of immutability or petrification of the object of the contract, ignoring that it is in the public interest (in this case, the provision of the best service, at the best price, for the group of seniors included in the Program), to which the Imserso must attend, and not to the particular interest of certain hotel businessmen “.