The Central Administrative Tribunal for Contractual Appeals (TACRC) has upheld appeals against Renfe’s tender documents to select a private partner and establish a company to deliver rail replacement bus services.
The ruling annuls the contested clauses and orders the procedure to be rolled back, effectively obliging Renfe to redesign the project from the ground up.
The tribunal finds insufficient justification for creating a dedicated bus subsidiary as opposed to using conventional procurement models. It also criticises the decision to issue a single nationwide tender, with an estimated value of €923m, without subdivision into territorial or operational lots.
Disproportionate requirements
The decision deems the solvency criteria excessive, requiring minimum annual turnover of €75m and ownership of at least 500 buses, or 300 in the case of consortia. According to the tribunal, these conditions severely restricted competition and curtailed access for smaller operators.
The TACRC also questions constraints on joint bids, the proposed 15-year term, the absence of publication in the OJEU, and the lack of a transparent cost breakdown. Renfe has indicated it will revise the tender documents to relaunch the procurement process.