The State’s delay in handing over the land to the concessionaire of the Pativilca-Trujillo Road Network No. 4 caused an advance in the increase in the toll for users, who have assumed the payment of more than S/30 million despite not being all the operational infrastructure. This was warned by the Comptroller General of the Republic.
The concession referred to is Road Network No. 4, which runs along the section Pativilca (Lima) – Santa (Áncash) – Trujillo and Salaverry (both in La Libertad). The audit was carried out on the Ministry of Transport and Communications (MTC), the Special National Transport Infrastructure Project (Provías Nacional), the Public Transport Infrastructure Investment Supervisory Body (Ositran) and the Private Investment Promotion Agency (ProInvestment).
“As a result of this, according to Compliance Audit Report No. 29441-2022-CG/APP-AC, whose evaluation period runs from April 1, 2006 to June 24, 2022, it was detected that ProInvestment approved the final version of the concession contract for Red Vial No. 4 with terms without support for the delivery to the concessionaire of the land areas for the construction of the second carriageway and tie-breaking works, and of the current carriageway with the construction works fine-tuning,” reported the Comptroller.
According to the agency, from the review carried out by its auditors of the documents of the process, the issuance of reports by ProInversión that develop the analysis that substantiates the terms consigned in the concession contract for the delivery of the land was not noticed. , despite the fact that said entity is competent to design said contract and, therefore, had to verify that the clauses have the respective support. It was also warned that the MTC and National Provías They gave their agreement regarding the deadlines for the delivery of the land areas for the second carriageway and tie-breaking works, as well as the current carriageway with work to improve it, without an analysis to support it.
“This led the MTC to sign a concession contract assuming obligations to deliver areas of land for the second road and tie-breaking works; as well as the current roadway with fine-tuning works, with terms without support and that contributed to the non-compliance of the regulations on the release of properties and interferences, thereby generating economic damage against the State valued at US$18,612,460 as a consequence. of an arbitral award that recognized the concessionaire the payment of compensation for consequential damages due to the failure of the State in the delivery of land”, the Comptroller specified.
This, together with the non-compliance in the delivery of land linked to the Salaverry Road Interchange, added the entity, led the State to sign two addenda to the concession contract where the number of works necessary to activate the toll rate increases was reduced. , which generated an impact on users amounting to S/30’677,832 as of June 2022, since they have been assuming this rate increase without having the entire infrastructure in operation.
Likewise, the failure to deliver the current roadway with the required service levels, which is maintained to date, has caused economic damage to the State amounting to S/45’590,552, as a consequence of assuming, after the expiration of the deadline for the delivery of the existing roadway, the payments made to the concessionaire for the preparation of studies, emergency conservation and construction of bridges, expenses that would not have been incurred if it complied with delivering the current roadway with the development works, within the contractual term.
DELAY IN CHIMBOTE
Additionally, it was evidenced that with Addendum No. 2, the work of the Vía de Evitamiento Chimbote was incorporated into the concession contract, whose lands have not been delivered to the concessionaire under the terms and conditions established in the aforementioned contract, which delayed the start of the execution of said work and continues to delay its completion, postponing the timely use of the infrastructure by users.
In this regard, it is noted that on July 20, 2021, both parties signed an “Act of Agreement for the Temporary Suspension of Obligations and Interference Release Order”, in which the grantor’s obligation to deliver the balance was suspended (75 %) of the properties for the Chimbote Avoidance Road within the period established in the concession contract.
Said suspension was still in force as of the cut-off date of this audit and will end once the concessionaire has completed the work to release interference with irrigation and assets. It should be noted that, in the aforementioned minutes, a schedule was attached in which it is indicated that the aforementioned works will be completed approximately in January 2023.
THE RESPONSIBLE
The Comptroller’s audit determined alleged civil and administrative liability (both at the entity level and the Administrative Sanctioning Process – PAS of the Comptroller’s Office) in 15 officials, former officials, public servants and former public servants of Provías Nacional. For this reason, the Investigative Body of the Comptroller’s Office was recommended to carry out the processing of said officials and public servants, according to its competence.
The Executive Director of Provías Nacional was also recommended to carry out the pertinent actions to define the corresponding responsibilities of all those involved. While the Public Prosecutor’s Office was recommended to initiate civil actions against the former officials and public servants involved in the events.
