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October 02, 2019

The TAR rejects the appeal of Telecom Italia S.p.A.

The award to Convergenze S.p.A. of the connectivity service of the Municipal House of Agropoli is legitimate.

With sentence n. 01694 published on 02 October 2019, the Salerno section of the Campania TAR categorically rejected the appeal filed by Telecom Italia to cancel the awarding of the connectivity service of Agropoli's Town Hall to Convergenze S.p.A.

In December 2017, the Administration invited five selected companies to present their best offer for the realization of the "Project for upgrading the connectivity of the headquarters of the Town House".

The call for bids required the guarantee of "activation of the FTTH fiber optic connectivity service at a speed of 100 symmetrical Mbps".

Convergenze won the tender by offering the activation of an FTTH service (Fiber to the home) at download and upload speed of 100Mbps at a very competitive price.

Telecom Italia, found to be second in the negotiated procedure, appealed to the Regional Administrative Court against the award decision, arguing the unreliability of the bid presented by Convergenze from a technical point of view and the incongruity of the same from an economic point of view.

The applicant maintained that, although Convergenze had assured the minimum standards prescribed by the letter of invitation, it had however offered both the use of a non-active technology on the territory (FTTH), and a router device objectively unsuitable to guarantee the additional functionalities required by the tender regulations.

Those allegations were challenged in court by the lawyer of Convergenze SpA, avv. Elisa Manna from the Forum of Vallo della Lucania.

At the outcome of the process, it was demonstrated, also through a complex verification procedure, "that the offer presented by the successful tenderer was not only compliant with the essential characteristics of the service subject to the procurement procedure, but also corresponded to the definition of connection FTTH accepted by the Sector Authority ".

Convergenze S.p.A. received in 2014 all the ministerial authorizations for the creation of electronic communication networks and has installed the FTTH fiber connection in the district where the resistant administration is based.