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New controversy in the megacontrato engineering of Madrid due to lack of advertising

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14/06/2020 05:00

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The largest engineering contract awarded in years by the City of Madrid once again in the eye of the hurricane. After the city council delayed the date of submission of the bids by the protests of the College of Architects of Madrid (COAM), who claimed that the bid specifications should refer specifically to these professionals among the candidates to submit bids, a problem of transparency now threatens to put him in check.

According to have reported this through some companies, those responsible for this tender have broken the rule of send to all stakeholders the previous study of solutions that, according to recognize from the consistory, “analyzed mainly the method of tunneling for the execution of this work”.

Ruth Ugalde

In full state of alarm, the town Hall, were auctioned the largest engineering project of the last decade and only gave two weeks of term. But, when the time was to bring, by surprise, changed the criterion

The Law of Contracts, in its article 70notes that “the contracting authority shall take appropriate measures to ensure that the participation in the bidding of the companies that have participated previously in the preparation of the technical specifications or the preparatory documents of the contract, or to have advised the contracting authority during the preparation of the procurement procedure, do not distort the competition”.

The measures that specifically cites the rules to ensure equal conditions for all candidates are “the communication to the other candidates or tenderers of the information exchanged in the framework of the participation in the preparation of the procurement procedure or as a result of it, and the setting appropriate for the presentation of offers”, advertising that, in this case, was not given.

Advertising of a contract less

This contract less was awarded to Typsa dated April 8, 2020, by 18,085 euros, VAT included, according to a document signed Dolores Ortizdirector general for Planning and Infrastructures of Mobility, which has had access to this medium. The initial budget was 18.148 euros and the execution period, 15 days. As explained from the department of Environment, this engineering was chosen for having made the offer technically more competitive, but as this is a contract minor, there was no obligation of attendance.

This previous study was not available around the world in the platform recruitmentsomething that, from the consistory justify claiming that in the technical specifications already collected all the information that is considered necessary to prepare bids, and because no interested party requested explicitlywhile recognizing that must be analysed, in the course of this engineering ends up being the winner.

Ruth Ugalde

Since the entry into force of the new Law of State Contracts, Tecniberia has asked to redo the specifications of almost a hundred projects. In 90% of the cases, it has been corrected without a problem

“Analysed the study and the existing precedents, it does not seem that the circumstances to exclude the company for having made a previous study of solutions. In any case, the competent body for decide is the table of recruitment”, pointing from the ministry of Environment.

A spokesman for Typsa, for its part, has assured this medium that “this contract less we do not incompatibiliza to introduce us to the main contract”. Other competitors, however, claim that the law has been broken and that the Council should have delivered the documentation to all.

The wording of the Paseo Verde in the Southwestthe name by which it has christened this project, is the largest public works city of the last decade. It is a contract of five million eurosonly for the engineering side, amount only comparable to projects as emblematic as the remodeling of the station of Chamartín.

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