Following numerous queries and allegations from the concessionaires of the beach kiosks of Formentera, the technical and legal services of the Consell de Formentera have issued a report resolving the doubts of the successful bidders and referring to the conditions set out in the specifications.
Thus, the concessionaires will have to hurry to meet one of the requirements: to have the structure disassembled by January 15 and not start reassembling it until February 15. It is an unavoidable condition of the concession granted by the Directorate General of the Coast and Sea of the Ministry of Ecological Transition and Demographic Challenge: “Article 68 of the General Coastal Regulation specifies the dimensions, distances, and temporality of food and beverage establishments on natural beaches. It is about, with the minimum occupancy (which is also limited by requiring significant distances to other establishments also vending food and beverages), and with removable facilities, provide services in high season to beach users. Therefore, the requirement for the permanence and occupation of these sections is maximum and it cannot be understood that there is a need for the occupation of the demanio out of season with a large number of users on the beach. However, the municipal allegation presented in March of 2023 can be attended, and admit that the annual obligation to dismantle is reduced to the period of one month between January 15 and February 15 of each year”. They have the obligation to provide service from May to November within the fixed schedules. Provided that they have all the authorizations from other administrations when necessary. Otherwise, they are exempted from such obligation. “Those facilities whose start-up requires permits or procedures that would prevent them from being put into operation when the contract is formalized may delay the start of operation until the completion of such procedures or the obtainment of the pertinent permits”.
Further clarifications
The report of the Consell de Formentera also clarifies key points of the service:
- It is emphasized that subrogation of personnel is prohibited. This is something that had been denounced by former concessionaires and highlighted in a Human Resources report. The impossibility of subcontracting services, both pointed out, made it impossible for the winning companies to cover the required schedule with a staff of less than 15 or 20 people. “As this is a new tender, unlike the authorizations of previous years, the figure of subrogation of staff as set out in Article 130 of Law 9/2017, of November 8, on Public Sector Contracts, is not applicable,” the new report highlights.
- A worker may not work in more than one lot. A section of the bidding documents states: “The worker assigned to a lot may not cover the service linked to another lot, even when those had been awarded to the same bidder”.
- Lifeguards. The report leaves no room for doubt by stating that “on beaches where there is no municipal service and at times when these services are not provided, there must be a lifeguard by the lots”. The lack of lifeguards was one of the irregularities admitted by the Consell de Formentera during the last season.
- Staff experience. The Consell de Formentera may require as much documentation as it deems necessary to accredit the experience of the contracted personnel.
- Weather. Before closing due to bad weather conditions, concessionaires must apply to the Consell de Formentera.
- Low tourist influx. The official responsible for the contract will apply his criteria “with reason” in the event that there are requests to have the facility closed within the mandatory period and schedule.
