WRITTEN QUESTION P-1074/98

by Roberta Angelilli (NI) to the Commission

(30 March 1998)

Subject: Irregularities in the tender procedure regarding computerization

I have requested in three questions, P-1972/97(1), P-2841/97(2) and E-3869/97(3), an opinion on suspected irregularities in the procedure followed by the Italian Government in awarding the contract for computerization of the services of the Ministry for Education. The Commission has received from the Italian Government confirmation of my claim that the Tele Sistemi Ferroviari company belonging to the Ferrovie dello Stato group (FS - Italian State Railways) was sold by that group after a bid had been submitted in response to the invitation to tender but before the final award of the contract. The FS, which, together with the EDS, formed the temporary consortium which was the successful bidder, was thus divested of their only company specializing in the IT field. If all this were confirmed, the consequence would be that on the date on which the contract was awarded the FS did not have any right to belong to the consortium and that the bid made by that consortium was formally invalidated by the failure on the part of one of the companies which had taken part in the bidding to meet the requirements laid down in the invitation to tender. The FS did not in fact have any qualifications and did not meet the requirements laid down. What must be clarified is whether it was correct to ignore that fact and to award the contract nevertheless to the EDS temporary consortium.

Will the Commission state:

1. Whether, on the basis of the situation set out above, it can be presumed that, for example, British Railways would at any time be free to form a temporary consortium with IBM in order to bid for public supply contracts for computerization services put up for tender by the Member States?

2. Whether that procedure could also be followed in the case of invitations to tender laying down specific requirements of proven experience in the IT sector?

3. Finally, whether the Member States intending to adopt the procedures followed by the Italian Government are not at the very least under a duty to specify right from the moment when the invitation to tender is drafted that there is no objection if the requirements stipulated cease to be met in the period between the invitation to tender and the award of the contract, such requirements applying only temporarily merely for the purpose of admitting bidders to the procedure for tendering for public supply contracts?

Answer given by Mr Monti on behalf of the Commission

(8 June 1998)

The information supplied by the Italian authorities in response to the Commission's requests does not show that the sale by Ferrovie dello Stato of its stake in TSF disqualified it from bidding, as a member of the grouping headed by EDS UK, for the contract for computerising the Italian Education Ministry.

It is clear on the contrary that, despite the sale of that company, Ferrovie dello Stato retained its essential identity and role within the grouping set up with a view to performing the tasks covered by the contract.

(1) OJ C 45, 10.2.1998, p. 132.

(2) OJ C 117, 16.4.1998, p. 76.

(3) OJ C 196, 22.6.1998, p. 24.