The Comptroller evidenced that six officials from the National Transport Infrastructure Special Project (Provías Nacional) disqualified two bidders for the management and conservation service of two road corridors in the north and south of the country, even though they met the required requirements, and granted the good pro to a consortium without corresponding, for an amount of S/ 222.4 million.
According to Specific Control Report No. 041-2022-2-5304-SCE and the Specific Control Report No. 036-2022-2-5304-SCE, these facts affected the legality and the correct functioning of the public administration. The aforementioned contracts were signed in October and November 2021.
The Comptroller’s reports indicate that the selection committees in charge of two public tenders disqualified the bidders who ranked first in the order of priority, despite the fact that they met the requirements established in the respective integrated bases, a situation that allowed the consortium that ranked second in both contests, access the signing of the contracts.
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In both cases, the selection committees argued that the disqualified bidders did not comply with the experience in the specialty, which required proof of a certain accumulated billed amount for the contracting of services equal to or similar to the object of the call during the eight years prior to the date of submission of offers.
However, after the comprehensive review of the documents submitted by the aforementioned bidders, the Comptroller’s control commissions conclude that they did meet the seniority condition.
The public tenders to hire road management and maintenance services were aimed at the “Sullana – Tumbes – Puente La Paz / Óvalo Zarumilla – Aguas Verdes / Sullana – El Alamor / Sullana – Tambogrande” Road Corridor, which extends from the regions of Tumbes to Piura; and the Road Corridor: “Dv. Humajalso – Desaguadero and Tacna – Tarata – Capazo – Mazocruz”, which covers the regions of Tacna, Moquegua and Puno.
Grounds for disqualification
The control commissions indicate that to disqualify the bidders who occupied the first places, the selection committees considered for the computation of the experience in the specialty, the date of completion of the road works carried out by said bidders abroad (10 October 2011), when the date of the technical certificate (July 23, 2019) should have been considered, a document presented by the bidders as approval of the work or final acceptance, according to the integrated bases.
For the auditors of the Comptroller, in both cases, the selection committees did not carry out the analysis or comprehensive assessment of the documents submitted by the bidders to prove their experience, contravening the Regulations of the Contracting Law and the integrated bases.
road corridors
The Specific Control Report No. 041-2022-2-5304-SCEwhich included the period from May 6 to October 6, 2021, specifies that in the case of the “Sullana – Tumbes – Puente La Paz / Óvalo Zarumilla – Aguas Verdes / Sullana – El Alamor / Sullana – Tambogrande” Road Corridor, the The granting of the award to a consortium was for the amount of S/ 105,981,236, signing contract No. 104-2021-MTC/20.2 on October 19, 2021.
Meanwhile, the Specific Control Report No. 036-2022-2-5304-SCE, which covered the period from July 7 to October 18, 2021, specifies that in the case of the Road Corridor “Dv. Humajalso – Desaguadero and Tacna – Tarata – Capazo – Mazocruz”, the granting of the good pro was for the amount of S/ 116’510,080, signing contract No. 109-2021-MTC/20.2 dated November 8, 2021.
Due to these cases, the presumed administrative responsibility of six officials of Provías Nacional, of the Ministry of Transport and Communications (MTC), was identified, for which the executive director of said entity was recommended to carry out the corresponding actions to demarcate the responsibilities of the involved.
