Van Driel Groep will continue to provide student transport in the municipality of Leudal in the coming years. Transport company De Leeuw from Ospel demanded through a lawsuit that the tender would take place again, because the drivers deployed would not be able to meet the requirements. However, the company was unsuccessful.
Van Driel has been 2025 since 1 August responsible for student transport in the municipality and this will be until certain. De Leeuw demanded however, that this agreement was terminated and that a new tender for student transport would take place due to unlawful acts. In the tender, the requirement was made that the drivers to be deployed at the start of the assignment should be in possession of the diplomas social skills taxi driver and Taxi Target group transport from the CBR.
Due to the corona crisis, however, the exams and courses of the CBR have been suspended. To start with, this was a period of several weeks, until 31 March. However, it was already considered plausible at the time that this period would be extended. The municipality was therefore asked in the first Memorandum of Information to delete this requirement, but this request was rejected.
Diplomas within six months Another potential tenderer posed the question whether drivers may also obtain the diplomas within six months of taking up employment, due to the large backlog of exams at the CBR. The municipality of Leudal agreed to this. “Due to the backlog and the current uncertainty, the client agrees that the drivers will have obtained both diplomas within six months of employment”, was the answer.
De Leeuw understood that this possible postponement only applied for new drivers. As the company was not in a position to attract new drivers, they decided not to sign up. The contract was then awarded to Van Driel. However, this raised the question at De Leeuw how this company was able to meet the driver requirement, given that the CBR had not conducted any exams for some time and it was not foreseeable that this would be possible in the short term. De Leeuw concluded that there had been an unauthorized change to the tender.
Incorrect position The court has ruled that De Leeuw reasons on incorrect grounds that the municipality acted unlawfully in the tender. The company based itself on the argument that the six-month delay in obtaining the diplomas would only apply to new drivers to be employed by the tenderer and not to drivers who were already employed by the company. However, this position is incorrect and, according to the court, is not apparent from the requirements and the questions and answers in the Memorandum of Information.
The court states that if De Leeuw had had doubts before registration about whether the postponement also applied to drivers who were already employed by it, a question could and should have been put to the municipality. However, this has not been done. De Leeuw’s demands were therefore rejected. The company is also not entitled to the claimed damages of 25. euros. However, the company must pay the legal costs.
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