Contract Award Overturned on Procedural Grounds

The Catalan Public Sector Contracts Tribunal has annulled the award of a €299,000 service contract by Barcelona City Council, citing serious flaws in the procurement process. The ruling, issued on 30 September 2026 and confirmed today, overturns the council’s decision to award the contract to Fundació Pere Tarrés, despite it ranking third among bidders. The contract concerned the management and promotion of the Municipal Council of Social Welfare (CMBS) and the production of the Montserrat Roig journalism awards. It had been contested by the two top-ranked bidders, Portacabot SL and Cooperativa Laboratori d’Idees Socials, SCCL, operating as a joint venture with JCOP, who were excluded from the final award despite scoring highest in the evaluation.

Top Bidders Excluded Without Clear Justification

According to the tribunal’s resolution, the City Council excluded the first- and second-placed companies on the grounds of insufficient economic solvency, but failed to provide a properly motivated explanation. The administration claimed deficiencies in documentation but did not specify which criteria were unmet, nor did it allow the companies an opportunity to correct them. The tribunal found this approach violated the principles of proportionality and competition in public procurement. It ruled that the council’s interpretation lacked justification and unfairly disadvantaged compliant bidders. The decision highlights the council’s failure to grant access to the procurement file upon request on 8 January 2026, a move the tribunal deemed contrary to transparency obligations.

The interpretation made by the City Council lacks any justification and violates the principles of competition and proportionality that govern public procurement with the aim of facilitating access for different companies.

Administrative Disarray Criticised

The tribunal sharply criticised the disorganisation of the administrative file, noting that documents were not clearly attributed to specific bidders. This made it difficult to verify the evaluation process, particularly regarding personnel qualifications. The original tender was published on 19 June 2025, with an estimated value of €299,146.60, divided into two lots. Lot 1, worth €156,439.40, covered support for the CMBS and became the focus of the dispute. The CMBS, a consultative body in social policy, relies on external support due to a lack of in-house technical capacity, according to the council’s own justification for the tender. Four entities submitted bids: Laboratori d’Idees Socials (with JCOP), Fundació Pere Tarrés, Portacabot SL, and Tandem Social SCCL. The evaluation report dated 6 October 2025 ranked them as follows:

  • JCOP: 76.84 points
  • Portacabot: 70.75 points
  • Fundació Pere Tarrés: 55.85 points
  • Tandem Social: 42.10 points

Despite JCOP and Portacabot being declared non-compliant, the tribunal found no sufficient basis for their exclusion. The contracting authority had requested additional documentation from both, but ultimately rejected their submissions without clear reasoning.

Next Steps and Implications

The annulment means the council must now re-evaluate the procurement process in line with the tribunal’s findings. Affected bidders may be invited to resubmit or clarify documentation. The decision sets a precedent for greater accountability in municipal contracting. Citizens and organisations seeking information on the CMBS or the Montserrat Roig awards can consult the council’s open-access repository, BCNROC, where official documents, including award criteria, are published.

Primary sources: bcnroc.ajuntament.barcelona.cat. Reported by totbarcelona.cat, Ajuntament de Barcelona, Tot Barcelona.