Wakeful Seguridad, a security firm, is set to win a public contract in L'Hospitalet de Llobregat. The company successfully challenged its initial exclusion from the tender. This contract covers security for local public media facilities. L'Hospitalet de Llobregat, Catalonia's second-largest city, borders Barcelona and is home to over 260,000 residents.

The contracting body, La Farga, Gestió d'Equipaments Municipals de L'Hospitalet de Llobregat, initially excluded Wakeful. They suspended the adjudication process on 30 June 2025. The reason given was Wakeful's failure to provide documentation. This documentation would prove the company was up-to-date with payments to the Social Security and the Agència Tributària de Catalunya (ATC).

Wakeful had been flagged in the Registre d'empreses licitadores i classificades de Catalunya (RELIC) by the councils of Montgat and Gavà. This led to the request for additional payment proofs. However, Wakeful argued that this requirement constituted a veto not applicable to all municipalities. The company did not submit the requested documents on time.

A Technicality in Public Procurement Law

Wakeful appealed its exclusion. The company cited Article 13.1 e) of the General Regulation of the Law on Public Administration Contracts (RGLCAP). This state-level regulation states that a company only needs to be current with state payments to bid for a public contract. This includes payments to the Agencia Estatal de Administración Tributaria (AEAT) and the Tesorería General de la Seguridad Social (TGSS).

The regulation specifies that proof of payment to a regional administration, like the ATC, is only mandatory if the contracting body is a regional government or one of its institutions. Since L'Hospitalet Council is a local entity, it cannot legally demand proof of payment to the ATC. This legal technicality, combined with the absence of specific provisions in Catalonia's Public Sector Contracts Law (LCSP) for local contracts, allowed Wakeful to win its appeal. The contracting tribunal ruled in the company's favour. Wakeful was the only company to submit a bid for the service.

Wakeful's Troubled History

Wakeful Seguridad is well-known in the Barcelona metropolitan area. In 2024, the company provided access and concierge services for several municipal public facilities in L'Hospitalet. Workers and trade unions reported significant payment delays, fragmented salary payments, and even non-payments. This situation led to legal action and monitoring by the Labour Inspectorate and the council. The contract was eventually suspended, Wakeful withdrew, and another company took over the service. That new company then inherited Wakeful's outstanding debts to workers.

This is not an isolated incident. Wakeful has faced similar problems across many Catalan municipalities. Reports of contract breaches, service failures, and delayed or unpaid salaries are frequent. These issues have occurred in places ranging from Lloret to Barcelona and Santa Perpètua de Mogoda. Barcelona City Council, for example, imposed a three-year ban on contracting Stride, a company identified as a successor to Wakeful.

Implications for Local Contracts

This decision means Wakeful Seguridad is now the likely winner of the L'Hospitalet security contract. The estimated value of the service is €222,786.00, with a base budget of €148,524.00 (excluding VAT). The legal outcome highlights a significant loophole in public procurement rules. It shows how companies can use state-level regulations to bypass local or regional requirements. This could have broader implications for how local councils across Catalonia manage their public tenders. It also raises questions about accountability for companies with a history of non-compliance.

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Originally published by Metrópoli Abierta - Urban Life. Read original article.