The former concessionaires of the chiringuitos of Formentera have presented a letter to the
Consell Insular in which demand explanations on the measures taken in response to the non-compliance of the new companies awarded the contracts. The irregularities reported include the following the lack of lifeguards, the illegal occupation of spaces and the absence of adapted bathrooms. In addition, they request to know the identity of the person responsible for the contract, in charge of supervising its proper execution, all in the context where, days ago, the Consell de Formentera sent a request to the companies to send information about the workers,
LaVoz de Ibiza has already reported on the complaints that have been made in recent months, such as the lack of qualified lifeguards, a key requirement according to the tender specifications. Other irregularities range from providing beverage service throughout the beach to unpermitted installations, such as a pipe buried under the dunes on the beach of es Migjorn.
Thus, the scenario can not be worse: because although the season started months ago, the season is still in full swing, the megaconsurso under suspicion delays that led the new dealers to be able to open only in August and without the final staking report.
The brief and non-compliance
In their September 17 letter, the former concessionaires argue that the administrative and technical specifications are key documents that regulate the correct provision of services, and that the lack of supervision by the Consell has allowed the new companies to incur in multiple irregularities.
They stress that, despite the obligations imposed by the Public Sector Contracts Law, no monitoring report has been made public, nor has there been any information on corrective actions in the event of non-compliance, which casts doubt on the Administration’s effective control over the concession.
In terms of safety and compliance with regulations, the former concessionaires point out a serious situation, which is the absence of lifeguards during the required hours, putting the safety of beach users at risk.
They also state that the toilets adapted for people with disabilities do not meet the requirements established in the specifications.
This situation directly affects the accessibility of the services in a tourist area of high concurrence, something that worries both neighbors and tourists.
Among other irregularities reported, the former concessionaires highlight the illegal occupation of the maritime-terrestrial public domain: according to them, the new concessionaires have exceeded the limits allowed in the specifications, occupying more space than authorized.
Another non-compliance denounced is the installation of umbrellas with advertising, something that is not contemplated in the contract or in the regulations that control these services.
In addition, they highlight the hiring of unqualified staff, a fact that violates the terms of the contract, which requires employees to have experience and language skills to ensure adequate service to international users who visit Formentera each season.
The Consell Insular de Formentera, under the spotlight for lack of control
In their complaint, the former concessionaires emphasize the lack of control and supervision by the Consell Insular de Formentera.
They point out that the local administration has the obligation to ensure the proper functioning of the awarded services, since, although the management is indirect through a concession, the ultimate responsibility lies with the Consell.
The complainants mention that the administrative and technical specifications are the key document to regulate the entire life of the contract and that, therefore, the Consell should have already acted to ensure that the successful bidders comply with the obligations imposed.
However, to date, neither the results of the inspections nor the control actions that may have been carried out to correct the non-compliances detected have been made public.
They demand to know who is responsible for the contract
One of the main demands of the former concessionaires is to be informed about the identity of the person in charge of the contract, a figure introduced by the Public Sector Contracts Law (LCSP), whose function is to supervise the correct execution of the concessionaire’s obligations.
This figure must ensure that the new awardees comply with the provisions of their projects and issue the necessary instructions to maintain the quality of the service.
The complainants request the Consell Insular de Formentera to report on the procedures and controls carried out since the awarding of the contract and to detail the steps taken to remedy the breaches detected during the current season.
They also demand a copy of the inspection reports or, at least, a report on the number of inspections carried out since the concession began.
Warning of legal action if no action is taken
The former concessionaires warn that, if they do not receive a response within a reasonable period of time, they will proceed to take legal action against the new concessionaires for breach of contract and against the administration itself for inaction.
In this sense, they point out that the lack of intervention by the Consell Insular de Formentera could lead to criminal offenses, if it is considered that the violation of the regulations governing the occupation of the public domain and the provision of services on the beaches has been allowed.
This case is generating a growing uneasiness among those affected, who consider that the new contractors are not respecting the contractual conditions or guaranteeing the quality of service in an environment of great tourist and natural value such as Formentera. Transparency and control in public management, they argue, are essential to ensure that the services offered to citizens and visitors to the island are provided in optimal conditions.
