Adif has decided remove some parts of the anti-corruption clause from all featuresAfter construction companies have won two appeals against these articles, both ongoing and future tenders will appear before the court. Contract Resources Central Administrative Court (TARC).
Last week, Sandra Gómez, the deputy mayor of Valencia, already Adif had canceled this clause for a particular project, railway access channel for integration of high speed in the city possible delays in execution.
Now, as industry sources confirmAdif decided to remove these chapters from all the tenders opened by the paralyzed construction companies.also not including it again in new tenders that will be tendered in the future.
Specifically, one of the eliminated sections, “to respect the principles of free market and competitive competition, and refrain from conduct that has or could have the effect of preventing, restricting or distorting competition, such as collusion or fraudulent competition, including offers of protection, elimination of offers, allocation of markets or rotation offers, among others.
The second of the deleted partitions pointed “The successful contractor is obliged not to be subject to the prohibition of making a contract during the performance of the contract and until its liquidation”.
Adif will give companies that bid on any of the paralyzed contracts 15 days to review their bids and return to the normal tender process, and 5 days for competitions where no interested party has applied yet. . for them to do.
public company It has been implementing these anti-corruption clauses since 2019. However, as of July 5, the National Markets and Competition Commission (CNMC) Acciona, Dragados (ACS), FCC, Ferrovial, OHLA and Sacyr were fined 204m euros for changing the competitive process in tenders over 25 years, when construction companies started resorting to these clauses.
When the fine is served, Ia CNMC forwarded the decision to the Public Procurement Advisory Board to determine the duration and scope of the ban on contracting with these companies.
In every situation, Compliance with the TARC decision and the decision to remove the items from all tenders will accelerate the projects and the realization of the set targets. Regarding the acceptance of European funds by Spain.