The Banco Nacional de Fomento (BNF), through Enrique Dami, legal affairs area manager, presented yesterday, Monday, a revocation of the resolution by which the Court of Accounts upheld a precautionary measure presented by the Patria SA de Seguros firm.
To understand the case, you have to explain the context. At the beginning of January, the BNF published the call for tenders with ID 403,929 called “Various Insurance Hiring”. A total of six insurance companies managed to meet the requirements of the Bidding Terms and Conditions (PBC) and submitted to the call. But, a firm also interested, was left out for not being able to meet the requirements, it was Patria SA de Seguros.
As the process progressed, Patria SA de Seguros filed a protest with the National Directorate of Public Procurement (DNCP), asking this public entity to order the BNF to modify its PBC at the point where Patria SA could not comply. This request was rejected by the DNCP. Last May, the BNF awarded three insurers the contract. The winning firms were; the Aseguradora Yacyretá SA de Seguros, the Producer SA Seguros and Rumbos SA de Seguros.
However, shortly after, the firm Patria SA de Seguros, filed a lawsuit with the BNF before the Justice, being benefited with a precautionary measure on June 14. With this, the call is suspended until it is resolved. “It affects us a lot because this is the result of a long bidding process. Right now we were in the final stage so as not to be left without insurance for a single day. Now this leaves us in this situation, ”said Dami about this situation. What worries the BNF and the awarded firms is that the insurance coverage should come into force on Monday, June 20. However, before the suspension, payments cannot be made and therefore, the insurance cannot be granted.
LOTS
Aseguradora Yacyretá SA de Seguros was benefited with a batch of G. 13,030 million for comprehensive bank insurance. The Producer SA de Seguros kept a batch of G. 1,315 million for vehicle, fire, civil liability, personal accident and personal property insurance. While Rumbos SA de Seguros was left with a batch of G. 1,521 million consisting of fire insurance.
IRREGULARITIES
Luis Godoy, lawyer for the Aseguradora Yacyretá SA de Seguros, reported for his part that the precautionary measure was granted after the contract had been signed. Since, after this signature, the process is already finished. “The end of a bidding process is an invitation to submit bids and select the best one. The process ends when the calling company chooses the awarded firm. But here, when the precautionary measure is granted, the awarded companies are left in uncertainty, why is this measure granted to a process that has already ended? ”, He questioned.
The lot won by the Yacyretá Insurer must grant comprehensive bank policies.
PATRIA INSURANCE SA
We tried to communicate with the authorities of Patria SA de Seguros. However, from their marketing department they asked us to send an email and let us know who to talk to later. At press time, we were still waiting for answers.
PRESENT
The DNCP filed an appeal. With this, the Court of Accounts loses jurisdiction and the case is raised to the Supreme Court of Justice (CSJ). Now this institution must study the appeal raised. This procedure could last between one to two months, in the best of cases. While in the worst case it can last between six to 12 months.
