The National Confederation of Construction is stirred against the abuse of public administrations with orders to their own media such as Tragsa and Ineco, and the abandonment of public procurement for private companies. A complaint that the main construction employer raised Brussels last year … and on which the National Commission of Markets and Competition (CNMC) also warned. “The free business concurrence is breaking,” said the president of CNC, Edro Fernández Alénthis Monday during the presentation of a report with which he asks for a reform of public procurement.
Fernández Alén ensures that administrations are commissioning their own means “obvious” many procedures and controls. From 2021 to 2023, the contracts with the finger of the State, communities and municipalities to public -owned companies has shot 142%, from the 1,628 million euros of 2021 to 4,000 million euros in 2023, data that come from OIREScon, The Independent Office of Regulation and Supervision of the contracting under the Ministry of Finance. The figure could be higher in 2024, also taking into account The commissions through the Dana disaster in Valencia and Castilla-La Manchawhich are justified in the eyes of the president of CNC.
The leader of the builders denounces that, if measured by number of orders, they have grown 95% in the 2021-2023 period from 1,088 four years ago to 3,689 two years ago. In order, it is the Autonomous Communities (45%), the State (36%) and the local entities (18%) that go to public companies the most to resolve contracts. Navarra, Andalusia and Madrid concentrate 45% of the orders of the Autonomous Communities.
According to the CNC, 65% of the orders were concentrated in just ten public entities. Only tragsa and Ineco accumulated 38%. «If the majority cups in 10 companies, the business fabric and SMEs are deteriorated. They are entities that are supposed to be from the administration, but that playing in the private sector are obtaining a dominant position, ”said Fernández Alén, which also points to societies such as Tragsa (25,000 workers) even aggravate the problem of the hand of the hand of the hand of construction in construction. “Workers prefer to be under their protection than in the private sector.”
For the CNC leader, “public hiring is sick”, taking into account the loss of attraction presented by tenders. In 2023 the average of companies that went to a public tender was 2.99 when in 2019 it was 4.1. For its part, the number of tenders in which a single bidder concurs (result where the EU puts the magnifying glass because it can be cause of fraud) in 2023 were 44.4% of all contracts awarded in public procurement.
More than in Europe
The CNC also pulls Europe to contextualize the problem and points to a report of the European Court of Accounts which points out that the volume of finger hiring is higher in Spain than in the rest of the EU, taking into account that in 2021 18.2% of public hiring in Spain was 18.2% about the total, respect 15% of the EU average and 12% of France. The employer integrated into the CEOE denounced the situation in Brussels last year and today Fernández Alén has assured that they will ask for help from the executive vice president of the European Commission, Teresa Ribera, and the commissioner responsible for public procurement, “so that it is regulated when can commission your own environment.
At the national level, the construction also claims to have the vision of the Court of Accounts of Spain, which has already warned that public societies are assuming a growing number of orders that go beyond its corporate purpose and that they have no justification. «For its part, the Mixed Commission of the General Courts for relations with the Court of Accounts claims to these companies implement a specific control procedure that guarantees the application of its internal instruction on subcontracting to prevent their own means from becoming in a mere intermediary to save controls or deadlines ». And asks both to improve the internal control of this kind of public companies and that the orders are accompanied by a memory that justifies the reasons why they are executed.
Also in Spain, The CNMC recently pointed out that the failure of a tender should not be a reason to go directly to the figure of the commission And alternatives should be explored in favor of competition, such as the approach of new tenders with modifications in its procedure and price, since in many occasions the commission is made significantly increasing its amount or significantly flexible the specifications of the specifications.
For CNC, these orders must abound in the need to motivate their use very well. “The administration must ensure, before formalizing the commission, to record that the actions are framed within the corporate purpose of the own environment and that it has human and material means to execute it,” said Fernández Alén. Finally, the employer regrets that the public procurement procedures in Spain are so slow and not very efficient, which in her opinion should be the subject of a system reform.
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