Comptroller detects damage of S / 1.4 million in contracting the Peruvian pavilion at Expo Dubai 2020

The Comptroller General detected a series of irregular events in the contracting and payment process for the service for the implementation and operation of the Peruvian pavilion that participated in the Expo 2020 Dubai Fair, in the United Arab Emirates, in charge of the Commission for the Promotion of Peru for Export and Tourism (Promperú), which caused economic damage to the State of approximately S/ 1.4 million.

A control commission showed that in this case three officials and a Promperú server had a malicious act with the purpose of benefiting the international supplier with which the entity signed a contract for the amount of US$ 1,657,127 in the year 2021 .

It should be noted that the Expo 2020 Dubai Fair took place from October 1, 2021 to March 31, 2022, after being postponed due to the COVID-19 pandemic.

According to the specific control report No. 002-2022-2-5610-SCE, which covers the period from July 1 to September 21, 2021, the economic damage is due to the fact that Promperú made the payment for services not provided for in the Terms of Reference (TOR) of the operational management service for the aforementioned international fair, such as fees and travel expenses for “additional staff” (four people) and “additional staff” (two additional people to the seven required). This, without the need for said services having been technically justified.

The situation described is evidenced by the fact that the cost structure presented by the supplier consortium in the quote differed from the one presented for signing the contract in terms of amounts and additional personnel, despite which, finally, the legal agreement was signed.

Other irregularities

The control commission also verified that the winning consortium did not comply with accrediting its experience in the specialty, supporting a minimum billed amount of US$ 1 million, nor that of the key personnel and complementary personnel, which it proposed and was required in the TDRs.

Likewise, it was verified that the decision to contract the supplier was communicated in advance, without previously counting on the incorporation of this process in the Annual Procurement Plan, the budgetary certification of the expense, the market research report, as well as the technical reports and that would support international contracting.

It has also been verified that the General Management of Promperú arranged for the logistics unit to issue an invitation to quote to the consortium in question, before the request for goods and services was issued.

In addition, it was evidenced that the TDR contained a condition that affected the interests of the entity, since the payment of 40% of the total amount contracted was established, for the first product, whose delivery period was up to seven business days from the signing of the contract. contract. In other words, a payment was made when the service was just beginning, not even having started the “start of operations” stage.

Regarding the execution of the contract, the control report indicates that it was evidenced that the conformity of the service corresponding to the first product (audiovisual audit report, work plan proposal, general detail of the supplier and its equipment, among others), It was issued without having submitted the documentation indicated in the TDR for its granting, and there is also evidence of changes in key and complementary personnel, without having accredited the required profile.

The exposed facts meant an affectation to the correct functioning of the supply system and the public contracting market in charge of Promperú, having altered the normal development of the integral contracting process of the operational management service of the Expo 2020 Dubai Fair.

In this case, alleged criminal and administrative responsibility was identified in four people, two of whom continue to work at Promperú, an entity dependent on the Ministry of Foreign Trade and Tourism.

For this reason, the control report recommends that the Public Prosecutor Specialized in Corruption Crimes initiate criminal action against those involved; to the Investigating Body of the Sanctioning Administrative Procedure to carry out the processing of the persons included in the case and, to the head of Promperú to order the administrative actions for the demarcation of the corresponding responsibilities.

RECOMMENDED VIDEO