Catalan Health Institute and Terrassa City Council

December-2021

The object of the action, launched on its own initiative, revolves around the possible irregularities produced in two contracts processed by the emergency procedure: for the supply of masks, protective suits and respirators (ICS), and another relating to the purchase of one million basic masks (Terrassa City Council). In the first case, there is a lack of information regarding the origin and preliminary contacts for the emergency order; irregularities in the processing/management of the order (inconsistency of dates, possible situation where the contracting company is prohibited from contracting); non-existence of legal cover for the advance payment of a significant amount of money on account of the future execution of the contract, and an inadequate use of the legal form of withdrawal and modification of the contract. From the investigative actions regarding the municipal entity, it is concluded that the procurement examined complies with what is included in the public procurement regulations applicable to the case. Despite this, it is recommended that the council, through its managers and control and inspection bodies, set instructions, draw up specific protocols and contingency plans that incorporate criteria to avoid possible dysfunctions and risks, and also administrative practices that can be improved in the event of cases that require the use of emergency contracting.