Sun Dreams argue that the resolutions of the SCJ are illegal. According to the company, Enjoy presented two projects with incorrect technical criteria, which allowed the company to reduce the costs associated with both projects.
This, they argue, allowed the company to put forward greater profit forecasts but went against the rules of the tender and other regulations. This is significant as once the technical bid evaluation was completed then the winning bidder was awarded to the company offering the highest financial bid.
“In both cases, [Enjoy presented] proposals with incorrect technical criteria, in violation of the applicable sectoral regulations, which allowed it to reduce the associated costs,” Sun Dreams stated in its submission to the court.
“The winning bidder submitted a project with lower associated costs, which allowed it to present an economic offer of greater value than that offered by [Sun Dreams], which ultimately determined the decision of the contest in [Enjoy’s] favor,” the company added.
Sun Dreams has requested that the court overturn the SCJ’s decision and asked that it order the regulator to hold a fresh tender process for both concessions.
Source: GMB
