MARÍA JESÚS CAÑIZARES 27/11/2019
Direct contracting, that is, without public tender, should be an exceptional measure. But the Generalitat uses and abuses this adjudication system, despite the legal reform that limits these contracts (direct) “by finger”. This is demonstrated by a report by the Anti-Fraud Office of Catalonia (OAC), entitled Risks for integrity in public procurement, in which up to 21 types of irregularities are reported in the processes of preparation, tendering and execution of contracts.
The study – which can be read on this link – has been made public in full parliamentary proceedings of the controversial Aragonese law – law of contracts and services of people – promoted by the economic vice president and whose purpose is to grant a greater rigor and transparency in awards. In other words, it is ERC’s response to the 3% case, consisting of charging commissions for the adjudication of public works to finance Convergence. However, numerous social entities reject this new norm because they consider that it protects the privatizations of services.
Transparency and integrity
The OAC, directed by the magistrate Miguel Ángel Gimeno, and whose purpose is to preserve the transparency and integrity of the administrations and the personnel at the service of the public sector of Catalonia–, has analyzed the contracts awarded by the Catalan Government before and after the entry into force of the Public Services Contracts Law (LCSP), which lowers the limits of the amount of minor contracts in which it is not necessary to call a public tender. The legal reform reduced the limit of minor construction contracts from 50,000 to 40,000.
The Office warns that this procedure is “exceptional”, but ceases to be when they become “flexibilization mechanisms” that facilitate rapid shortcuts in contracting, ”which“ increases the likelihood of distorted or distorted use that puts at risk equality in access to public tenders, free competition and efficiency in public procurement ”.
Oficina antifrau 2019 dt07-factors-procedimentals