Badalona City Council

July-2022

The object of the investigative action is the eventual favorable treatment dispensed by the Badalona City Council to a commercial company for the award of different contracts from the year 2015. From the investigative actions it is concluded that, during the period 2015-2017, no elements indicative of corruption can be seen nor can a greater than usual own and intrinsic risk be inferred from the management of public matters and from decision-making on public resources. With regard to the public procurement carried out from 2018, the Office is of the opinion that the fact that the Badalona City Council does not promote competition in the procurement of some services -use of the negotiated procedure without advertising or recourse to the extensions of the contacts—, implies a market closure and does not make the entry of new economic operators feasible. Therefore, it is necessary to guarantee the entry of operators more frequently and recurrently over time. Not guaranteeing effective competition in public procurement can represent a distortion of the quality-price relationship, since it could be giving up a service of higher quality and at a lower cost and, therefore, satisfying the general interest more effective and efficient.