Manolo Osuna
Local Government Board, held on today, March 1, 2011, has taken the next
agreement regarding the allegations made by Fermín Vioque, representing the company Coso of the Caliphs to the contract bullfights held in the town, in the sense that the Governing Board unanimously dismissed the appeal for reconsideration submitted by Fermin Vioque, is not evidence on behalf of the company Coso de los Califas, SL , against the award made to the company JUANCONFER, SL, the contract for organizing two bullfights in the bullring in the city, an occasion of its reopening on March 20, 2011 and another to mark the Sabbath
Gloria on April 23, 2011, according to the report issued by Secretary General
which reads as follows:
The undersigned officer, the record review, issued the following report on the administrative appeal by D. Vioque Fermin Ruiz, is not evidence on behalf of the company Coso de los Califas, SL, compared to the award made to the company JUANCONFER, SL contract for the organization of two bullfights in the bullring in the city, an occasion of its reopening on March 20, 2011 and another on the occasion of Holy Saturday on April 23, 2011.
1 .- That contrary to the assertions of the appellant, the company JUANCONFER, SL, as evidenced by documentation submitted by it on the record, if offered the inaugural run out of the herd Miura, and municipal decision has been the reopening of the Coso run of Las Canteras Miura was not, and instead if it were the run scheduled for Saturday of Glory, change of position prior to any award that I understand perfectly possible, especially considering that the negotiations could not be carried out with nothing but one of the bidders.
2 .- That by reason of the value of the contract, which does not exceed the amount of 18,000 euros, according to the provisions of Law 30/2007, of public sector contracts, the contract is considered minor, for which is the only procedure required under Article 95, expenditure approval and entry on the same invoice, even though the City Council has given the possibility to participate voluntarily in a number of companies, in order to encourage competition .
3 .- That the criterion of the Committee on Monitoring, Surveillance and Control of National Collective Agreement Taurino, in order to further approval of contracts to hold bullfights be granted the same, of all companies have extended offers to the City Council has only received a favorable report of the Commission by the company JUANCONFER, SL, lacking the other, companies, therefore, ability to enter into any contract with the City Council for organizing bullfights, in whose contracts were not obtained the approval of that Commission, in particular with respect to the claimant's business, has reported:
"Fermín Vioque: Now that employer taurine and undertakings in which they can participate directly or indirectly, has the endorsement of contracts denied by this Commission, for having gone to final decisions have not been challenged in this area in several cases opened against him .
4 .- That effectively for Saturday's run of glory have not been solicited bids, but that, as has been said before, it is not mandatory in retail contract value of less than 18,000 euros, and the only reason for That is why the government team has seen fit to include in the award that run, considering that in the time remaining until the conclusion the same is not expected to be approved and completed the bidding process for the operation of the bullring in this city, whose record is now in preparation of the Statement of particular administrative and economic conditions, therefore there is no no secrecy about it.
5 .- That by the same consideration of contract has not been lower opening ceremony of offerings, which have been known as has been seen, but may have been no negotiation possible with companies currently lacking fitness necessary to contract with the City Council to organize bullfights.
6 .- That the offer of Coso of the Caliphs SL does not correspond to the municipal purpose of not having to pay anything on account of the festivities offered, but instead charge a fee for the use of the square, but instead expressly states that it would have to agreement on many important related costs in its bid. Neither agree, omitting any reference to it, the commitment to provide at least the amount of 8,000 euros for charities designated by the City, so this offer is that, had he ability to hire the celebrations did not meet the conditions required by the City at the invitation made.
7 .- That opportunity has been taken to all companies invited to tender, the resolution adopted by the Board of Local Government last February 21, once written it, for their free and they can take the action they deem convenient. Having no knowledge of the appellant company it is only for not waiting a few days for the postal service's delivery of the notification, which expressly includes the reason why this council has decided to disregard the tender: lack of competence to conclude contracts on the occasion of the celebrations to be endorsed by the Committee on Monitoring, Surveillance and Control of National Collective Agreement Taurino, without which the celebration would not be allowed by the Delegation of the Government of Andalusia, as the same is duly noted.
8 .- That all it is considered that this City Council has not incurred any invalidity in the proceedings for engaging the organization of the two bullfights March 20 and April 23, 2011, but instead has acted with the highest degree of cleanliness in the proceeding, which can not be said of the bidders, except the winner, as knowing as they must know they have open files and, where appropriate, with a final decision by the Commission Monitoring, Surveillance and Control of National Collective Agreement Taurino, or in some cases, no are registered as companies even bullfighting in the corresponding age groups, however, have responded with offers to invitations when it should have been excused.
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