The Comptroller General of the Republic reported that it identified an economic loss of S/ 957,893.19 against the Metropolitan Investment Fund (Invermet) of the Municipality of Limadue to irregularities in the construction and expansion of the María Rosario Aráoz shelter for the elderly, located in the district of San Juan de Miraflores.
According to Specific Control Report No. 001-2022-2-0323-SCEthe works considered in the approved technical file consisted of the construction and improvement of the physical therapy unit, geriatric rehabilitation and complementary services, whose contractual execution period began on February 7, 2018 and ended on June 6 of the same year.
The entity detailed that Invermet approved an additional work for S/ 91,082.38 and a binding deductive budget of S/ 90,820.20, with a difference of only S/ 1,162.17 in favor of the contractor, to make the change in the technical specifications of the material to be used in the construction of the gardening wall of the chapel module of the municipal shelter.
Likewise, he mentioned that this measure was given without any technical support involved, and with the purpose of justifying supposed extensions of the term, because the work presented delays, in addition that it would not comply with the contractual term for not having managed time the acquisition of the material for the garden wall.
The Comptroller’s Office explained that this fact led Invermet to approve in favor of the contractor two unnecessary extensions of time for 24 calendar days (from June 7 to June 21, 2018 and from June 22 to June 30, 2018), arguing delay in the processing of the approval of the additional work and the term that its execution would take.
He added that the construction of the wall for gardening did not affect the critical path for the execution of other construction items, additional ones that were not necessary to fulfill the main goal of the work.
Modifications raised improperly
Regarding the control report, the Comptroller’s Office revealed that these modifications were improperly proposed by the project’s resident, justifying the lack of flagstone in the market, with the favorable opinion of the head of supervision, and favoring the contractor so that can complete the main work on June 30, 2018 without being penalized, since there were delays in other items that did not correspond to the execution of the garden wall.
In this sense, it maintained that the Project Management and the Project Manager of Invermet, in their capacity as responsible, improperly processed and approved in favor of the contracting company said term extensions, which made it impossible to apply the maximum penalty in arrears. for the sum of S/ 957,893.19 for not having finished the work within the contractual period, failing to observe the regulations of the State Procurement Law.
He pointed out that article 133 of said rule establishes that, due to unjustified delay of the contractor in the execution of the services, the entity automatically applies a penalty for delay for each day of delay; because the penalty was not applied, causing damage to the entity for said amount.
In relation to the delay of the work, he said that the control commission showed that the construction items of painting, ceramic floors, placement of farm land, construction of concrete sidewalks, cobblestone floors and installation of the gas system, among others, that were not linked to the garden wall, were executed after June 6, 2018.
Regarding this, he mentioned that they were paid in full in the valuation No. 04 of May 2018, despite the fact that they were executed during the extension of the undue term of 24 calendar days, thereby avoiding the application of the penalty for delays, and evidencing that compliance with the contractual term was not safeguarded.
The report was notified to the head of Invermet to initiate criminal legal actions against the officials and public servants involved in these events.
It should be noted that the public investment project for the construction and improvement of the physical therapy unit, geriatric rehabilitation and complementary services of the shelter, in charge of the Metropolitan Municipality of Lima, had a total investment of S/ 9’651,316.24, with a execution period of 120 calendar days, starting in January 2018.
Invermet is pronounced
Regarding the Comptroller’s report, Invermet indicated in a statement that the alleged events reported occurred in 2018, during the previous municipal administration.
“On January 11, 2022, the Institutional Control Body (OCI) sent the Invermet General Management said specific control report for the implementation of the recommendation corresponding to this case, referring to the initiation of legal actions for alleged criminal liability against two former employees of the entity (the project manager and a specialist from said management)”, the company noted.
In this sense, through a complaint made on April 20, 2022, the company mentioned that, through its general legal advice office, it complied with filing the corresponding complaint with the Public Ministry. This situation was duly reported to the control body.