Santa Margarida de Montbui Town Council

October-2022

As a result of a report, the alleged favorable treatment of the council in the award of a service contract through the negotiated procedure without publicity has been examined. From the investigative actions, irregularities have been identified in each and every phase of the contracting of the service: in the preparation of the contract, in the negotiation phase and in the execution of the contract. These irregularities include lack of justification of the need for the contract, lack of technical prescriptions, lack of justification for the choice of the negotiated procedure without publicity, lack of delimitation of the matter subject to negotiation, lack of establishment of criteria for valid award, lack of effective negotiation, lack of justification of the award and lack of justification of the adequate execution of the contract. These irregularities not only mean that the procedure is null and void, but are compatible with a favorable treatment by the corporation to the successful tenderer.