Adif eliminates an anti-corruption clause from all its tenders to speed up its projects

Adif has decided to remove some chapters of an anti-corruption clause from all its specifications, both those that are in progress and those that will be tendered in the future,

that they filed against these clauses before the Central Administrative Court of Contractual Resources (TARC).

Last week, the deputy mayor of Valencia, Sandra Gómez, already reported that Adif had annulled this clause for a specific project, that of the rail access channel for the integration of high speed in the city, which avoided potential delays in its execution.

Now, as confirmed by sources in the sector, Adif has decided to remove these chapters from all the tenders appealed by the construction companies that

, in addition to not including them again in the new tenders that it put out to tender in the future.

Specifically, one of the eliminated chapters is that of "respecting the principles of the free market and competitive competition, and refraining from conduct that has the purpose or may have the effect of preventing, restricting or distorting competition, such as collusive behavior or fraudulent competition", which includes shelter offers, elimination of offers, allocation of markets or rotation of offers, among others.

The second of the eliminated chapters pointed out that "the successful contractor will be obliged during the execution of the contract and until its liquidation to

".

Adif will now give a period of 15 days so that the companies that tendered for any of the paralyzed contracts can review their offers and return to the normal bidding process, and a period of 5 days in the contests to which no interested party has yet applied. , for them to do it.

The public company had been applying

.

However, it was as of July 5, when the National Markets and Competition Commission (CNMC) fined Acciona, Dragados (ACS), FCC, Ferrovial, OHLA and Sacyr 204 million euros for altering for

, when construction companies began to appeal these clauses.

When the fine was communicated, the CNMC sent the resolution to the Public Procurement Advisory Board to determine the duration and scope of the prohibition on contracting with these companies.

In any case, compliance with the TARC ruling and the decision to eliminate the clauses of all tenders will accelerate the projects and the fulfillment of the objectives established in relation to the reception by Spain of European funds.

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