The Comptroller General of the Republic identified a series of irregularities in the preparation and execution of the concession contract for Section 2 of the Longitudinal Highway of the Sierra which caused economic damage of US$ 36.8 million.
According to the institution, public resources were used to make the Annual Payment for Maintenance and Operation (PAMO) and the Annual Payment for Initial Periodic Maintenance (PAMPI) despite the fact that no compensation was made or works were not carried out by the concessionaire.
There was also another economic loss valued at S/ 31.9 million due to higher general expenses caused by the delay in the delivery of the sub-sections of the concession. Likewise, the concessionaire was benefited with the sum of US$ 1.9 million from resources collected for the payment of operation and maintenance activities without effective consideration.
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The Comptroller’s Office indicated that the Private Investment Promotion Agency (Proinversión) prepared the final version of the concession contract and, without having an analysis of support, unilaterally set the maximum terms for the delivery of the 18 sub-sections to the concessionaire Sociedad Concesionaria Vial Sierra SA – North, made up of Sacyr SL (35%), Constructora Málaga Hnos. (33%) and Sacyr Concesiones Perú SAC (32%).
The terms were not expressly communicated by the Ministry of Transport and Communications (MTC) during the design of said contract and were inconsistent with the documentation provided by said ministry on the interventions under its responsibility, the same ones that had to be executed before giving the sub-tranches. to the dealer.
In addition, the Special Project for National Transportation Infrastructure (Provias Nacional) issued a favorable opinion on the contract without having an analysis or reports from the competent areas that support its compliance with the established deadlines. All this generated the non-compliance with the delivery term of 12 of the 18 sub-tranches.
The Compliance Audit Report No. 24135-2021-CG/APP-AC determines alleged responsibility in 13 officials and former officials of Provias Nacional, MTC and Ositran, of which nine have alleged civil liability, three have alleged criminal liability and one has administrative responsibility.
