The Andalusian office against fraud and corruption (OAAF) has observed “a vice of nullity” in the award of a minor marketing contract, of 14,000 euros, for the design of the project ‘Caminos del Rocío’ signed between the entity roads of Andalusia, sl, promoted by singer José Manuel Soto, with the Junta de Andalucía to “value a network of roads from all the provinces of Andalusia that are converged on traditional roads.”
The matter had been denounced from the parliamentary group by Andalusia in September 2023, also showing the lack of activity of the Rocío Destination Foundationalso linked to Soto and perceptor a public subsidy of 275,000 euros by the Board. At this point, the OAAF agreed at the beginning of the procedure to file the complaint regarding that fact by “not appreciating any indication of irregularity.”
But in the formalization of the minor contract with the entity roads of Andalusia, SL the OAAF agrees the capacity of the merchant awarded for the signing of the contract.
The OAAF argues that, according to commercial informative note issued in May 2024, the corporate purpose of the winning company is “promotion, organization and realization of all kinds of musical artistic activities” and also “the promotion, promotion and management of services and structures related to the promotion of cultural heritage ”, among others.
The company “did not have” this framework for action/corporate purpose since its origin since it is December 16, 2022, almost a year after the execution of the contract, when “modifies article 2 of the statutes of the same, expanding its corporate purpose and adding to the activities ”related to cultural heritage.
“Being the corporate purpose of the contractor, at the time of formalization and execution of the contract 2021/921166, the promotion, organization and realization of all kinds of musical artistic activities, it seems that the mercantile lacked the capacity to act in traffic commercial in activities outside this area. Or, in other words, that the provision of the contract would be outside the scope of its ability to act, of which a possible lack of suitability and capacity of said entity is collided, which would entail a vice of nullity in the adjudication of the contract ” , concludes the OAAF.
More planimetry than marketing or cultural management
In addition, the OAAF appreciates “certain indeterminacy and confusion in the description of the contractual object/provision.” In that sense, he says that hiring covered “actions that are more typical of an entity that develops functions of planimetry, design and road management (integrated in the provision of engineering companies) more than marketing or cultural management.”
To this he adds that, “apparently, the provision goes beyond marketing service also including the conduct of orographic, situation and drafting studies of projects, which are framed in the field of mountains of mountains (current forest management) or of roads, channels and ports, for the development of the competitions that this entails and for the protected space in which they are (Doñana and Pre-Parque National Park) ”.
This was the textual object of the contract, at least in its main part: “The hiring of the technical marketing service for design of the project ‘Roads del Rocío’, through which the Junta de Andalucía will value a network of roads from all from all The provinces of Andalusia that are converging in the traditional roads of Rocío, already in the provinces of Huelva, Cádiz and Sevilla, to end up joining in the village of the spray, as well as the proposal of the necessary elements for the formation of this network of roads As a cultural, tourist, innovative product in its implementation and vertebator of Andalusia, which serves as a reactivator of rural economies and as a potentiator of the territorial brand image of Andalusia as an environmental, digital and sustainable destination. ”
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