The Superior Administrative Court (TSA) ordered the cancellation of the contract Water and Light Theater to Consultoría Astur SA, for considering the procedure carried out by the Corporation for the Promotion of the Hotel Industry and Tourism Development (Corphotels) illegal.
With this decision, the Fifth Chamber of the Court rejected the contentious-administrative appeal filed by the Astur Consulting against a resolution issued by the General Directorate of Public Contracts (DGCP) that declares the public tender for the lease of the aforementioned entertainment center illegal.
The ruling indicates that during the investigation requested by Danilo Jose Dominguezthe DGCP complied with the legal canons established in the current regulations on the matter, by virtue of the fact that it is empowered, as the governing body, to establish the conditions that must prevail in the contracting procedures and, above all, in the specifications.
You can read: Claude Joseph: “I always knew that Abinader is a racist who hates Haiti”
resolution attacked
It is number RIC-96-2022, issued by DGCP and in which several breaches in the contract in question stand out, which were ratified by the TSA.
Point out among them that Corphotelsin its capacity as contracting party, did not grant the minimum term for the presentation of offers, established in the sole paragraph of article 54 of Law 340-06, thus violating the principle of participation protected in numeral 8 of article 3 of the aforementioned law .
Nor did it include in the specifications all the criteria, sub-criteria, parameters or assessments that would allow its evaluation and qualification to be objectively established, nor did it duly conform the Purchasing and Contracting Committee with the required quorum, in violation of article 36 of the Application Regulation 543-12.
It is recalled that on February 25 of this year the Supreme Court of Justice (SCJ) declared inadmissible an appeal filed by the aforementioned company against another TSA ruling that rejected a request for precautionary measure.
