After many years of struggle, the Borkerhout district in Westerbork is finally getting new paving. But the municipality of Midden-Drenthe is deliberately ignoring the rules for European procurement.
Stones in the street and stones in the stomach. That is the short summary of the council decision on new paving in the Borkerhout district in Westerbork, Thursday evening.
Residents of the neighborhood have been asking for an approach to paving and greenery since 2016. The issue has become a headache. But in May of this year it was decided to first replace the paving stones in Borkerhout. It concerns approximately 22,500 square meters. That job will take four years.
Color difference
In order to avoid any color difference, the concrete pavers must be ordered in one go, according to the mayor and aldermen. That costs the municipality 337,500 euros. This amount is above the European tender threshold of 215,000 euros. But the municipality conveniently ignores these rules. The explanation is time-consuming, impractical and expected to be too expensive.
This does constitute an unlawful act. B and W already pointed this out in a memo to the municipal council. A number of parties struggled with the issue. D66 spoke of ‘a stone in the stomach’ and wondered whether the municipality is still credible.
Car ride
The VVD compared the deliberate violation of the rules to a car ride. “You are asking us to drive 130 kilometers per hour on a stretch where 100 is the maximum speed,” said Arjan van Gelderen. The CDA wanted to know ‘in yip-and-janneke language’ what the consequences are of the unlawful actions. Party chairman Karin Kappen: “What does this mean for the municipality?”
The Christian Union was against that course of events. “You are consciously asking us to break the rules, but we do not agree with that,” said party leader Ageet van Dijken. “How can we be a reliable government in this way?”
‘Possession’
Gemeentebelangen/BBB did not care about that. “Finish this story,” said Jannes Kerssies. “The Borkerhout district is entitled to that. Stop this bullshit.”
Responsible councilor Rico Schans (Municipal Interests/BBB) believes it is more important to ‘get on with things’ now than to follow the purchasing rules. He wants to keep control in his own hands in the coming years. Schans hopes to be able to start with the first new paving for 2,000 square meters this year.
‘Five months extra’
“With a European tender there is no guarantee of costs and the process will take at least five extra months,” Schans outlined after an initial suspension. “I’ll leave it up to you.”
Ultimately, after a second suspension, the city council unanimously approved the proposal. However, it should be noted that the Christian Union, D66 and VVD have great difficulty in consciously violating the procurement rules.
Underhand
Midden-Drenthe will put the job out to tender several times. Three suppliers are approached for a quote. And the possible consequences of this decision? By not putting the contract out to tender at a European level, companies that had wanted to register can in principle start legal proceedings against the municipality. There is also a risk that the accountant will not approve the audit of the annual accounts.
Preview function
But above all, the image is not pretty. By consciously ignoring the rules, the municipality does not take its exemplary role very seriously.