Aerial image Meruelo weir, one of the facilities that manages MARE || Photo: file
The Government of Cantabria has issued Saturday an audit of the General Audit reveals irregularities in hiring in the public company MARE (waste management and water cycle) during the years 2013 and 2014, with the popular Party, when he was president the Minister of Environment and current popular senator, Javier Fernandez and CEO, Antonio Zabala.
According to the auditors, during this period, Board of Directors did not authorize any contract MARE; depending on the amount, the award went to the president or the CEO, which exceeded its powers contracts above 120,000 euros. Furthermore, no evidence has been found that it meets the condition that must be “previously budgeted contracts.”
After the analysis of a sample of files, have found several cases where the original contract has been modified without authorization or approval of the competent authority.
the audit also detects that the CFO exceeded its powers in order updates, service contracts and works, when only approve supply contracts and as a distinct internal operation in both directions, the Waste and Water, and questions the tools of the entity to contract management.
“WEAKNESS iNTERNAL CONTROL”
However, the report also notes that MARE does not have a internal instructions governing proper and in detail the various procedures used in recruitment, representing a “weakness of internal control”, which follows from a sample of specific files.
in this sense, he believes that the instructions of the contractor’s profile, which is not integrated into the Platform for Public Sector Procurement or the Government, are “very generic” for what of publicity, competition, confidentiality, equality and non-discrimination under the Act on Public Sector.
“compliance with the principles is not guaranteed” analysis sign contracts reveals that 39% were restricted to contracts of less than 50,000 euros, by the process of inviting a number of companies to participate in the process, but does not appear in the contractor’s profile, which contravenes the principle advertising governing law.
the analyzed documentation leads auditors to conclude that they are records very “heterogeneous” with cases documentation of the different phases of the process and others limited to the celebration of contract, as in the direct contracts (15%).
of the other contracts, 10.9% were for advertising and negotiated with 7.81% negotiated procedure without advertising.
SENIORS cONTRACTS
26% were open procedures for the award of contracts called SARA (over 5 million). These contracts are in many cases, according to the audit, long-term, which means that “a significant part of the activity MARE be outsourced.” In addition, bidding phase, not guaranteed the principle of publicity .
Some direct awards are transformed into contracts SARA, which “would result that contravened the standard application “. It also points to direct awards “emergency” without any “formal act that motivates this circumstance” and that in any case, should have been done from the Ministry.
these cases have been found to have been awarded “tacit renewals” to the award of services through a tender by MARE competition, also in contravention of the Contract Law.
in several major contracts “are not justified in the files analyzed the criteria for the award” , as established by law.
And there are also contracts with the same object but with different award criteria and weighting , plus a “high weight” of subjective criteria (never less than 50%), which is “especially significant” for auditors, which indicate that “poses a risk that subjectivity is so high” in public procurement.
in at least 19 cases have not involved any collegiate body of technical and legal to determine supply . more advantageous
aUDITORS LOSE TRACK
The auditors have had to request extensive information, which was not complete or archived by computer; the documentation was “dispersed among several people MARE template”. In many cases, their location has been “difficult” and even have situations where you could not locate “with the consequent” loss of audit trail “.
In addition, the report determined that the Department of Contracting and Purchasing can not be regarded as a department “use” and “plays a minor role in these contracts.”
Up to nine files did not have a memory that would justify the need to hire, especially restricted and direct methods. “Weaknesses” are also detected in the files yes counted on justifying memoirs, very “heterogeneous”, “generic” and “insufficient” as well as different as they were in the direction of waste or water.
it also notes that “hired by MARE corresponds to services that were commissioned by the Government of Cantabria”. By not appear in the reports, the audit lose track “to make adequate traceability between the part of the services contracted with means of MARE and those that are outsourced”.
In addition in terms of the specifications, in any case evidence of the person who made or appears and in some cases are not signed by the legal adviser is left. Regarding the procedures by invitation, is a document called “conditions of the offer” makes “the time of tender,” but they are not supervised by the legal department and signed by the person who makes it.
the audit also detected contracts in which the invoiced amount exceeds 50,000 euros in which it is not prepared or approved the corresponding specifications, as required by law.
in 24 cases of service contracts MARE does not request authorization to the Ministry of Environment, as required by the Cantabrian regulations.
VICE assess AUDIT
the Ministry of Universities and Research, Environment and Social Policy, and public company MARE received the audit, which has spread the Executive Saturday.
the work has made the General Comptroller of the Autonomous Community, through the General Department of Financial Control, and according to the Annual Plan Permanent Financial Control, Public audit and Other Actions of Control 2015.
the Intervention informed MARE in July 2015 the beginning of the audit that analyzes the degree of compliance with the principles of economy, efficiency and effectiveness and in September of that year the start of the audit that analyzes the adequacy of systems and management procedures with respect to the objectives to be met, both in recruitment.
the company public, by meanwhile, it has provided since September 2015 all the documentation that the General Intervention requested to carry out this work.
the Deputy Prime Minister Eva Diaz Tezanos, responsible for this management area, assess the . audit results at a press conference Monday at 12 noon
nEWS iN UPDATE
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