In view of the information published today in various media regarding the claim against the company Soluciones de Gestión y Ayuda a Empresas, SL, the Health Service reaffirms the statements made by the director general, Javier Ureña, on 21 March, who explained that the reason for the withdrawal of the claim was the difficulty of its success due to the certificate of conformity that the previous administration issued to the company on 12 August 2020.

Health reiterates the nullity of the contract with the company Soluciones de Gestión

The deadline for resolving the complaint file was eight months – and not three – from 24 August 2023, by article 212.8 of Law 9/2017 of 8 November on public sector contracts. The application of this article to contract termination procedures in the Autonomous Community of the Balearic Islands was established using the Agreement of the Commission of the Balearic Islands Contracting Advisory Board of 30 November 2023, and this was established using diligence by the head of the Contracting Department of the Health Service.

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By these deadlines, once the company had presented its allegations, there were still five months left to resolve the case. Despite this, the Health Service opted to open a new administrative procedure on 21 March to declare the contract null and void and claim not only the 2.6 million euros, but also the full 3.7 million euros that were paid to the company.

The Health Service reiterates that there is sufficient evidence to declare the act of awarding the contract to the company null and void and to request the restitution of the 3.7 million euros to the coffers of the Autonomous Community.

This new administrative procedure was based on these elements:

The lack of capacity to contract the supply covered by this contract, as the company’s corporate purpose did not include the purchase of the masks.