WRITTEN QUESTION P-1972/97 by Roberta Angelilli (NI) to the Commission (29 May 1997)

Subject: Irregularities in the tender procedure regarding computerization of the Italian Ministry for Education

Following the publication in Supplement to the Official Journal of the European Communities No S1 of 3 January 1996 and Official Journal of the Italian Republic No 4 of 5 January 1996 of a restricted invitation to tender for a contract covering the computerization of its services, in March 1997 the Italian Ministry for Education accepted a bid worth LIT 639 950 billion submitted by a consortium comprising EDS Electronic Data Systems Italia SpA and Ferrovie dello Stato SpA (Italian State Railways), rejecting a bid of LIT 640 billion (only LIT 50 million higher than that of the successful bidders!) from Finsiel and one of LIT 470 billion from the ISSC Italia Srl consortium.

It would appear that, in December 1996, at the request of the Ministry for Education, the State Legal Advisory Office delivered an opinion on the legal validity of a bid by the EDS and Ferrovie dello Stato consortium, particularly in view of the fact that in August 1996, while the tender procedure was in progress, Ferrovie dello Stato had sold its information technology branch, Tele Sistemi Ferroviari, thus divesting itself of its operational capacity in the IT field and its ability to meet the requirements laid down in the invitation to tender. In January 1997 the State Legal Advisory Office inexplicably retracted that opinion and the procedure was deemed legal.

Given the above, and in view of the sums involved, would the Commission state whether:

1. the above matter - and, in particular, the appeals lodged with the Latium Regional Administrative Court by the unsuccessful bidders - have come to its notice?

2. the award of the contract to the EDS and Ferrovie dello Stato consortium violates Article 85 of the EC Treaty?

3. during the tender procedure the Ministry complied with all the provisions laid down in Directive 93/36/EEC ((OJ L 199, 9.8.1993, p. 1.)), with particular regard to the requirements regarding participation in tenders for supply contracts.

Answer given by Mr Monti on behalf of the Commission (11 July 1997)

1. The Commission has received no information regarding the public supply contract for office automation within the Italian Ministry of Education.

2. The details provided in the question give the Commission no reason to suppose that a breach of Article 85 of the EC Treaty has taken place. No complaints have been received on this subject.

3. The Commission will contact the Italian authorities to request the particulars necessary to determine whether Community legislation on public procurement was complied with when the contract in question was awarded. In particular, it will request information on the extent to which the consortium comprising EDS Electronic Data Systems Italia S.p.A. and Ferrovie dello Stato S.p.A. fulfils the minimum conditions for participation. On this basis, the Commission will assess whether the present case meets the criteria for instituting proceedings against Italy for failure to fulfil an obligation, as laid down in Article 169 of the EC Treaty.