The spokesman for the Unidos x Laredo Municipal Group (UxL), Ramón Arenas San Martín, has presented a special appeal on contracting matters before the Central Administrative Court of Contractual Resourcesagainst the contract for urban solid waste collection and street cleaning services due to “irregularities” at the Contracting Board.
As the councilor denounced this Friday in a press release, the Contracting Board designated for the contracting of this service – with a tender budget exceeding 46 million euros and a validity period of 10 years – “could fail to comply with current regulations regarding its minimum composition.”
TRANSPARENCY
Thus, it has specified that according to the Public Sector Contracts Law (LCSP), the Board should have a minimum of three members, in addition to the president. However, he has pointed out, in this case, the Board was constituted “only with the president, the secretary and the auditorwhich could contravene the Second Additional Provision of the LCSP”.
This “irregularity” directly affects “the validity of the decisions adopted and violates the principles of transparency, equality and competition,” Arenas said.
VOID ACTIONS
The appeal presented by UxL requests that the Court “declare the actions of the Contracting Board null and void due to its irregular constitution”; that takes the administrative procedure back to the moment prior to the constitution of the Board, “guaranteeing compliance with legal requirements”; that suspend in a “precautionary” manner the processing of the bidding procedure to “avoid irreparable harm,” and to notify all interested parties, including bidders, of its resolution.
The Pejino councilor has also highlighted that the “irregularity” detected could not only “violate” the law, but also “could jeopardize the transparency and fairness of the bidding processcompromising public interests.” “A contract of this magnitude requires impeccable performance by the Administration. We cannot allow progress with a procedure that presents such serious legal defects,” the spokesperson stated.
COURT
This special resource, he detailed, comes after the inadmissibility by the Mayor of Laredo of a prior appealalleging “extemporaneity and lack of active standing of the applicant.”
The municipal group considers that the legal circumstances “fully justify” the intervention of the Central Administrative Court of Contractual Resources to “guarantee the correctness of the procedure”, and has warned that its resolution will be “key” to define the future of “one of the most important contracts in the municipality and will set a precedent on the rigor with which public procurement rules must be applied,” he concluded.
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