That TSA revokes the suspension of the tender for coal-fired plants
They concluded that the reasons which originated the decision had been varied
Federico Méndez
SANTO DOMINGO. The Superior Administrative Tribunal (TSA) revoked the suspension of the tender process for the construction of the two coal-fired generating plants.
The presiding magistrate of the tribunal which has national jurisdiction, Delfina de Leon Salazar, ordered the removal of the injunction granted by sentence Number 0055 - 2014 of last 13 August.
The magistrate declared as valid, because it complied with the requirements, the request filed by the Dominican Corporation of State - owned Electricity Enterprises (CD EEE) and Odebrecht-Tecnimont against the entities of Gezhouba Group Company Limited and the Impe, C x A Consortium.
She said that the elements of proof which repose in the case file prove also in the case that the circumstances or presumptions by virtue of which the provisional suspension of the international public tender procedure was ordered.
Likewise that the apparent violation of the public interest implied which was noted at its moment by the tribunal, by virtue of the proven inconsistencies in the referred procedure, to date, attending the situation of fact which took place in the case, such variations were revealed.
She considered that in the case in hand they were able to prove that the injunction for the suspension of the tender is what has had the greatest negative impact in the public interest. "Therefore upon finding together the requirements demanded by the legislator in article 7 paragraph 2 of Law Number 13 - 07, of 5 February 2007 on the Transition towards the Jurisdictional Control of the Administrative Activity of the State, it is necessary to order the removal of the injunction."
She suggests that starting from the judicial gloss and the arguments put forward by the parties "we noted contradictions regarding the execution of the measure adopted by sentence Number 0055 - 2014 of 13 August 2014."
She estimated that the Gezhouba Group Company Limited, at the moment of evaluating who would be awarded the international tender, could not be taken into account, "since it had been disqualified according to the criteria of the Tender Commission of the Dominican Corporation of State - owned Electricity Enterprises, so that it appears that it is improbable that they would have been awarded the contract if the project presented by them did not satisfy the demands of the commission mentioned above."
In addition she said that all preliminary injunctions, besides being provisional are decisions conditioned by the circumstances which are presented, and because of this it is modifiable.
The letter
On to September, this CD EEE deposited in the tribunal an inventory of documents, among which appears the position of Gao Shou Jian,, the manager of the Office of Commercial Development of the Popular Republic of China in the country, indicating that the tender for coal-fired plants is a "closed page" for his government and he recognized the authenticity of the letter sent by the Gezhouba Group Company Limited CGGC, where the company denies having authorize the filing of appeals against the process.
The presiding magistrate of the tribunal which has national jurisdiction, Delfina de Leon Salazar, ordered the removal of the injunction granted by sentence Number 0055 - 2014 of last 13 August.
The magistrate declared as valid, because it complied with the requirements, the request filed by the Dominican Corporation of State - owned Electricity Enterprises (CD EEE) and Odebrecht-Tecnimont against the entities of Gezhouba Group Company Limited and the Impe, C x A Consortium.
She said that the elements of proof which repose in the case file prove also in the case that the circumstances or presumptions by virtue of which the provisional suspension of the international public tender procedure was ordered.
Likewise that the apparent violation of the public interest implied which was noted at its moment by the tribunal, by virtue of the proven inconsistencies in the referred procedure, to date, attending the situation of fact which took place in the case, such variations were revealed.
She considered that in the case in hand they were able to prove that the injunction for the suspension of the tender is what has had the greatest negative impact in the public interest. "Therefore upon finding together the requirements demanded by the legislator in article 7 paragraph 2 of Law Number 13 - 07, of 5 February 2007 on the Transition towards the Jurisdictional Control of the Administrative Activity of the State, it is necessary to order the removal of the injunction."
She suggests that starting from the judicial gloss and the arguments put forward by the parties "we noted contradictions regarding the execution of the measure adopted by sentence Number 0055 - 2014 of 13 August 2014."
She estimated that the Gezhouba Group Company Limited, at the moment of evaluating who would be awarded the international tender, could not be taken into account, "since it had been disqualified according to the criteria of the Tender Commission of the Dominican Corporation of State - owned Electricity Enterprises, so that it appears that it is improbable that they would have been awarded the contract if the project presented by them did not satisfy the demands of the commission mentioned above."
In addition she said that all preliminary injunctions, besides being provisional are decisions conditioned by the circumstances which are presented, and because of this it is modifiable.
The letter
On to September, this CD EEE deposited in the tribunal an inventory of documents, among which appears the position of Gao Shou Jian,, the manager of the Office of Commercial Development of the Popular Republic of China in the country, indicating that the tender for coal-fired plants is a "closed page" for his government and he recognized the authenticity of the letter sent by the Gezhouba Group Company Limited CGGC, where the company denies having authorize the filing of appeals against the process.
Federico Méndez
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