The Formentera beach buoy installation project can finally move forward after Spain’s Central Administrative Court for Contractual Appeals (TACRC) rejected a legal challenge filed against the contract award for the island’s coastal buoy system. The ruling removes the suspension that had delayed the project and allows authorities to begin installation works in the coming days.
According to the court decision issued on May 28, the Consell de Formentera acted correctly throughout the public procurement process. The ruling lifts the temporary suspension that had halted the contract, enabling the administration to proceed with the deployment of safety buoys in bathing areas across Formentera.
If weather conditions remain favorable, installation work is expected to begin next week and be completed by early July. This represents a delay of approximately two months compared with the usual operational date of May 1.
The Formentera beach buoy contract tender was launched in February with an initial budget of €215,046 (VAT included). Three companies submitted bids, and on April 17 the Consell’s governing board officially awarded the contract to Serveis Marítims i Subaquàtics del Delta S.L.U. for €168,190 (VAT included).
The second-ranked bidder initially challenged the evaluation report of the submitted offers. However, the TACRC dismissed that appeal on April 30, stating that the assessment document did not constitute an appealable administrative act at that stage. Following the contract award, the same company filed a second appeal, this time directly against the award decision, triggering a temporary suspension that delayed the start of the buoy installation works.
Court Upholds Procurement Process
The court has now dismissed the second appeal and fully endorsed the actions of the procurement committee. According to the ruling, the disputed evaluation criterion was clearly defined, and the appellant failed to provide the minimum required information necessary to obtain the corresponding score. The court concluded that the evaluation carried out by the Consell was lawful and proportionate.
The judges also rejected claims regarding lack of justification, procedural unfairness, or excessive interpretation of the tender specifications. Furthermore, the court ruled that the bidder could not modify or supplement its proposal after the submission deadline, as doing so would breach the principle of equal treatment among bidders.
Although the Consell had requested a financial penalty against the appellant, the court declined to impose one, finding no evidence of bad faith or reckless conduct.
While the ruling is final within the administrative process, the company still has the option to file a judicial appeal before the High Court of Justice of the Balearic Islands within two months.
Essential Service for Beach Safety and Coastal Management
Formentera’s Environment Councillor, Verónica Castelló, welcomed the decision, emphasizing that it validates the procurement criteria applied by the contracting authority and allows progress on what she described as an essential service for beach safety and coastal management during the tourist season.
The island administration stated that, following the lifting of the suspension, all remaining procedures will be accelerated to ensure that the buoy system becomes operational as soon as possible. Under the terms of the contract, the awarded company has 30 days to complete the installation works once they begin.
Ongoing Challenges for Formentera Beaches
The resolution comes during a particularly challenging start to the tourist season on Formentera beaches, which has also been affected by issues involving beach kiosk operators and concessionaires responsible for sun loungers and parasol rental services.
Castelló also announced that the Consell has approved an appeal against a decision by the Balearic Government’s Directorate-General for Coasts and Shoreline Management regarding beach facilities for the 2026–2029 period. The regional authority denied authorization for 16 complete beach-service lots and reduced the number of permitted elements in two additional lots.
Meanwhile, operators managing the 20 beach-service lots that successfully renewed their permits have already installed their temporary infrastructure and continue to operate normally during the current season.