The Generalitat of Catalonia is taking decisive steps to address the fire that began last Saturday, sparked by the opposition’s misstep. A poorly organized subcontractor arrangement led the general manager of Public Duty to dismiss personnel, and Marta Martorell was appointed to oversee the execution of a drafted and awarded public contract before taking office. Anna Maria Molina Cerrato will serve as assistant general manager for analysis and strategic planning for the division, previously managed by Martorell.
Following this rapid response, the Generalitat is now evaluating how to pursue all possible liability from the individual responsible for the mishap. The likely outcome could include a penalty of at least 75,000 euros, termination of the contract, and the return of funds already received by the company to date. According to the contract terms, the company has been paid 59,906.28 euros to date, out of a total contract value of 1.5 million euros.
For the first time in the history of the Generalitat de Catalunya, the subcontractor arrangement has raised questions. The defense is that tests with 13,500 concurrent participants across 72 different exams could not be conducted by internal staff alone. The chaos of last Saturday, September 2, 2022, occurred when the presidential consuls issued the tender for the organization of the macrooposicions planned for 2023, a move aimed at stabilizing the administration’s staffing levels.
Two candidates submitted bids for this competition, with a combined value of 1.2 million euros (1.5 million euros with VAT). Selexi, an Italian company, would manage the oppositions for the Generalitat Fire Brigade in 2023 and would be paid 219,984.05 euros. Psychotechnics, representing the Rural Representatives, would receive 134,085 euros in return. The other bidder, Cegos, a French firm that previously secured similar contracts worth 10.4 million euros nationwide last year, appears in Kamu data from the Sector Contract Platform. [Cite: Kamu Sector Contract Platform]
Price and experience emerged as decisive variables that favored Cegos, which achieved a perfect score of 100 out of 100. Selexi scored 78.3 out of 100. This award was not initiated by Marta Martorell, the dismissed general manager of the Civil Service, but the contract’s compliance section confirms responsibility for the process.
Examining the scope of the fine
How could a contractor with a strong track record experience such a fiasco last Saturday? Unions point to last-minute staffing and the use of temporary workers, such as Randstad, to supervise inspections. The project specifications clearly called for qualified supervision, and sources familiar with the process indicate that recruitment continued during the same week.
The contract documents contain clauses addressing incompatibilities. In the agreement signed by Cegos, the Generalitat reserves the right to impose a penalty of 5% of the contract price for serious violations. With the award budget at 1.49 million euros including VAT, that 5% equates to 75,000 euros. [Citation: Public procurement terms]
Nevertheless, presidential staff have suggested moving further. They are exploring options to extend penalties and to determine who will organize and administer repeat exams and who will be responsible for their preparation. An intense calendar of extraordinary and ordinary oppositions is planned, with more than 14,000 exams expected in the coming months. As a result, the presidential assembly invited unions to a meeting at the Palau de la Generalitat to address these questions. [Cite: Official briefings]