The Chamber of Accounts of Andalusia has issued an unfavorable report in its control of compliance with areas of the Municipality of Mijas in 2019 compared to administrative contracting due to the “significance” of the non-compliances observed.
In the management of human resources in the municipality of Mijas it is favorable but with caveats, as reported on Monday by the supervisory body, which believes -among other things- that the prize for permanence received by 42 officials is not adequate because they are not bonuses assistance, but retributive and violates the law.
On administrative contracting, the Chamber exposes caveats such as the breach of the duty of diligence in programming and planning, with “numerous” cases of supplies of goods and services services that, “once the contracts that give them coverage have ended, they continue to be executed“by the awardees.
This deficiency is also manifested in the use of minor hiring of certain activities (cultural and festive) that, due to their recurring nature, would be likely to be scheduled sufficiently in advance.
In addition, “in most of the files analyzed” the law on the obligation to justify the award criteriathe special execution conditions, the technical solvency, the estimated value and the insufficient means report.
In the specifications of three files, despite using several award criteria apart from the price, it is expected to apply only one article of the law as a procedure to identify when an offer is abnormally low, which would mean breaching the rule for being insufficient to assess it as a whole.
The possibility provided for in the specifications of four files regarding the justification of abnormally low offers by presenting a guarantee also supposes a breach.
In the two files processed by open simplified procedure in 2019, the time elapsed between the announcement of the tender and the award ranged between six months in the first and nine in the second, which “distorts” this type of procedure, which is intended to be very agile to be awarded in a month.
In a file, the restatement verification act was signed four months after the formalization of the contract without stating the reason for such delay, which is another breach.
In three files in which the execution period is an award criterion used in the tender, there were delays significant with respect to the initially agreed time, which “represents a serious irregularity since it prevents it from falling on another candidate who could have made a more adjusted proposal”.
Extensions of the cleaning service without validity
Both extensions formalized from cleaning service contract road were adopted no valid contractual coveragesince the specifications (document that prevails over any other in the contracting procedure) did not provide for such a possibility.
Thus, in addition to having violated the possibility of freely participating in a service tender for more than twenty years, “they have violated the principles of equal treatment, transparency and good faith” which must preside over the contracting of public administrations, since the bidders other than the successful bidder could have modified their proposals if they had been aware of the variations that were subsequently introduced.
Twelve benefits of goods or services carried out in the town hall stand out that lack contractual coverage because it never existed or once the entity concluded it chose to continue the benefits by the mere de facto route, which represented a amount accumulated in the 2018-2021 period of 21,472,933 euros
In these cases, there is a verbal hiring “prohibited” by law, a circumstance that allows us to appreciate the concurrence of the cause of nullity provided for in the rule.
The billings generated by these services have been subject to objections by the Intervention, which were resolved by the mayor, in the case of bills for the current year, or by the plenary session through the approval of the extrajudicial recognition of credits if they corresponded to previous years, referring to in both cases to the unjust enrichment that is derived.
“This anomalous operation can be a cause for the demand for responsibilities both in the patrimonial and disciplinary spheres,” indicates the Chamber’s report.