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According to the technical reports, the fact that two companies from the same group (Ferrovial and Ferconsa) had submitted an identical offer in relation to the preliminary draft presented would not be grounds for exclusion from the offer but could be punished by the National Market Commission and Competition (CNMC)

The Spokesman of the PSOE in the City of Lorca, Diego José Mateos has ensured that the practice of Ferrovial, to submit two offers but with identical content of the draft and different budget for the urban renewal of Avenida Juan Carlos I and adjacent streets, It could be considered as an attack against free competition and, therefore, as provided by the Public Sector Contracts Act in its additional provision 23, "corresponds to the National Commission for the Defense of Markets and Competition (CNMC), to Initiative of the contracting authority, in this case the Local Government Board, the assessment of possible breach of competition law. "

According to the Socialist responsible, the report issued by the Head of the Contracting Service states on page 8 that one of the indicators by which the violation of the competition rules, in particular in the figure of collusion, can be seen " Is literally by submitting bids by several related companies or the same group ".

"While this situation may be allowed by regulations, membership in the same business group can facilitate the coordination of their strategies," he says,

From the Municipal Socialist Group, they understand that this coordination of strategies between FERROVIAL AGROMAN and FERCONSA is demonstrated, since they belong to the same group (FERROVIAL) and have presented the same technical offer, with identical score in all its sections, despite being A procedure in which the possible alternatives were very broad since there was no previous technical project.

At the same time, they recall that this infringement of the competition rules could be classified as serious and subject to a penalty of 5% of FERROVIAL's total turnover or a fine of between € 500,000 and € 10 million. Euros.

Therefore, in defense of free competition and to avoid future similar actions, Mateos has requested that the Local Government Board, as contracting authority, "transfer documentation to the National Commission for the Defense of Competition so that It analyzes it, assesses the existence of an infringement and initiates, if it deems it appropriate, the corresponding sanctioning file. "

Source: PSOE Lorca