Courts Overturn Contract Award to Company Managed by Tías Deputy Mayor Due to Doubts Over Tender’s Impartiality

Pedro
By Pedro
3 Min Read
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The Administrative Court of Public Contracts in the Canary Islands has annulled the awarding of two contracts for technical documentation for public shows, linked to the Lanzarote Consortium for Security and Emergency Services. This decision, detailed in Resolution No. 256/2026 on August 20, stems from the fact that the winning bidder, GESMAVAL CANARIAS, S.L., is managed by a councillor who also serves as the fifth deputy mayor of Tías, the founding body of the Consortium.

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The issue was brought to light by a rival company, SICAN GESTIONES Y PROYECTOS, S.L., which filed a challenge on May 28, 2026—this led to the Court ordering the Consortium to exclude GESMAVAL from the contracts and upholding awards to CLANESAR S.L.U. and SICAN.

The resolution reveals that the founding document of GESMAVAL CANARIAS was signed on April 6, 2017, by the same individual who is an elected councillor in Tías, overseeing areas such as urban planning and municipal services. The councillor’s associated business interests were confirmed through a public declaration of assets, which indicated his partnership in the firm.

In a report dated June 10, 2026, the Consortium’s president argued that they were not expected to know the professional backgrounds of participating companies. However, the Court referenced European legal principles, stating that a lack of investigation into potential conflicts of interest violates the principle of equal treatment in bidding procedures.

The Court clarified that the councillor’s position creates a significant conflict of interest, particularly since Tías is part of the governing structure of the Consortium. It determined that when local councils are involved in public procurement, it risks transforming the competitive process into a closed circle, suggesting inadequate oversight from the government.

The bidding process for these contracts has been marred by confusion, notably concerning the proposed budget figures, which exhibited a discrepancy between written and numerical representations in the resolution.

Ultimately, the ruling highlights ongoing concerns about governance and accountability in public procurement in Tías and is now subject to appeal in the High Court of Justice of the Canary Islands within two months.



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