The Court of Instruction number 3 of Cádiz, which is investigating possible irregularities in the distribution of contracts of the Andalusian Health Service (SAS) of the province of Cádiz, requested an expertise from the General State Intervention (IGAE) which includes a “global analysis … and integral of minor split contracts suspected of illegality» and determines “the damage caused to the public treasury”. The complaint from Podemos Andalucía which gave rise to the judicial investigation concerns possible divisions of minor contracts for an amount of 235.4 million euros.
In an order issued on December 4, the magistrate asks the IGAE analyze “all contracts subject to investigation in the procedure, including amendments, extensions and modifications, for the purposes of verifying and ruling on irregularities that appear to be detected in the general intervention reports of the Junta de Andalucía. guarantees experts “access to all documentation “work” in the case.
On the other hand, the magistrate affirms in the judgment that the IGAE carry out a “technical analysis” of each administrative file on “the existence and legitimacy of the cause which allowed the subcontracting of minor fractions subject to investigation, with examination and technical diagnosis of the administrative procedure followed for its treatment”.
Also request a technical analysis of the resulting contract prices of the procurement and fragmentation method adopted, with evaluation of the contrast between the contracted prices and those resulting from compliance with the procedures provided for by the Public Sector Contracts Law and mediation of publicity and competition in the procurement.
Price comparison with other LACCs
The judge attaches particular importance to contractual prices and requires that the IGAE make a “comparison with other autonomous communities” which appear in the profiles of the Public Administration contractor”, for which “the documentation of the file will be provided and the experts will request by instruction that all the data and files necessary for the preparation of the expertise be collected”.
It also requests a “technical analysis of each of the files analyzed”. on the existence or not of a valid justification for the provision of the contracted and paid services» and which determines “the budgetary sources with which the amounts of the market investigated were financed and the budgetary financial analysis of its compliance with the applicable regulations and regulations, also analyze the authorization and approval phases of public expenditureregular budgetary procedure and adaptation of the authorizing body to the applicable budgetary economic legality.
Finally, the magistrate asks to determine “the damage caused to the public treasury, even in an approximate or potential manner, based on the analysis of the consequences of the presence or absence, in the files analyzed, in accordance with the appropriate contractual modality and the legal obligations of publicity, competition and competition. This providence can be appeals the reform within three days upon notification.
The president of the Court of Instruction number 3 of Cádiz gave his agreement at the end of October extend the maximum duration of judicial information until April 2, 2026 following the request for extension of the investigation deadline presented by the PSOE representation, and to which Podemos and the Ministry of Finance have joined with the opposition of the rest of the parties.
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