The Administrative Court of Public Contracts of the Autonomous Community of the Canary Islands has issued Resolution 200/2026, by which it agrees to the inadmissibility of the special appeal in matters of contracting filed by the company Reparaciones Suárez Benítez, SL. The appeal was initially directed against Decree number 3226/2026, of May 19, by which the San Bartolomé de Tirajana City Council adopted the proposal of the contracting committee and accepted the favorable technical assessment of the offer presented by the company Azudautos, SL for Lot 2 of the contract intended for the maintenance and comprehensive repair of the fleet of municipal vehicles and machinery.
The dispute stems from file 54/2025-Services, a harmonized contract with an estimated value of €1.290.224,98 (excluding IGIC) divided into three lots. The dispute centers on Lot 2, which covers passenger cars, vans, 4x4s, trucks, and tractors. After the submission of bids, the contracting committee initially identified Azudautos' proposal as having an abnormally low price. Once the company provided justification for its viability—particularly regarding the 22% discount offered on spare parts—the committee accepted the favorable technical report on May 13 and submitted the corresponding award proposal to the contracting authority.
In its ruling, the Public Contracts Tribunal accepts the main arguments presented by the San Bartolomé de Tirajana City Council in its defense report. The oversight body notes that the action challenged by the competing company does not constitute a final award, but rather a procedural step within the bidding process that lacks the qualification required by Article 44.2 of Law 9/2017, of 8 June, on Public Sector Contracts (LCSP). Since it is a proposal that does not definitively decide on the award, it does not prevent the continuation of the procedure nor cause irreparable prejudice to the appellant, given that the formal award agreement was subsequently issued in Decree number 3949/2026, dated June 12, 2026.
Thus, the strict application of Article 55(c) of the Spanish Public Sector Contracts Law (LCSP) requires the appeal to be declared inadmissible by operation of law, as it is directed against an act not subject to independent challenge through this special procedure. However, the Court's ruling clarifies that this inadmissibility does not infringe upon the rights of defense of Reparaciones Suárez Benítez, SL, since the entity retains its full standing to review and appeal, through the appropriate legal channels, the final award decision adopted on June 12, as said decision is fully subject to the regulatory time limits for special appeals in public procurement matters.
