📋 Tender Overview
The Comptroller General of the Republic warned the Ministry of Transport and Communications MTC that the execution of the work of the Sechn Bridge located at kilometer 376 of the Panamericana Norte in the province of Casma Ancash and that it is an important transit point in the Road Network No. 4 that goes from Pativilca Lima to Trujillo La Libertad have a delay of more than six months in their completion and there is no evidence of supervision work by Ositran for compliance with the agreed deadline to complete said work. The infrastructure of the Sechn Bridge located in the province of Casma Ancash was damaged by the effects of the Coastal El Nio 2017 phenomenon and for its replacement the MTC and the concessionaire of Road Network No. 4 signed an agreement on September 15 2020 by means of which the MTC entrusts the concessionaire with the execution of the aforementioned replacement within the framework of an additional work and within a period of eight months. In this regard the Control Milestone Report No. 11055-2023-CGAPP-SCC whose evaluation period was from March 15 to May 3 2023 states that according to the Act of Initiation of the work the works began on February 14 2022 and therefore should be completed on October 14 2022 without evidence of extensions of the term for its execution. However five months later March of this year the concessionaire requested the MTC to suspend the obligations of execution of the work due to force majeure or fortuitous event alleging the effects of the rains in the mountains that occurred since March 10 2023 due to the presence of cyclone Yaku. Although the procedure of suspension of obligations requested by the concessionaire was in progress when the control report was developed recently the Ositran has informed the Comptroller that it has declared inadmissible the suspension of obligations of the additional work Replacement of the Sechn Bridge since the force majeure events occurred after the date of completion of the work There is no causal link between these events and the breach of obligations of the concessionaire. According to information from Ositran the work had a physical progress of 43.09 as of February 28 2023 and showed a delay of 56.91. However the completion of the work in its planned period would have allowed the normal passability of users by said bridge without affecting its passability during the occurrence of climatic events this considering that the work that is in execution is carried out precisely to rehabilitate the work damaged by the events of the phenomenon of El Nio Costero 2017. The delay in the work was personally verified by the Comptroller General Nelson Shack who toured the work area of the Sechn Bridge in mid-April after the flooding of the river of the same name caused the provisional bridge installed in the area to collapse which interrupted the transit of interprovincial transport on the Panamericana Norte. On that occasion the head of the Comptrollers Office became a peak of congestion and after a few days vehicular circulation was reopened although with certain restrictions. Postponed Tuning WorksThe concession contract for Road Network No. 4 includes the design financing construction maintenance operation and exploitation of infrastructure works covering approximately 356.21 kilometers and was signed on February 18 2009 for a period of 25 years. This road network connects the cities of Pativilca Huarmey Casma Chimbote Chao Salaverry and Trujillo and is an integral part of the Panamericana Norte. The referential investment in works amounts to US 286.17 million of which US 229.1 million have already been executed 80.1 of the commitment and among these works are the Set-up Works which were going to be carried out on the current road of the Pativilca Santa Cruce Puerto Salaverry and Salaverry Emp R01N subsections which were to be executed by the Peruvian State in its capacity as grantor and then delivered to the Dealer for its operation and maintenance. The report mentions that the concession contract for Road Network No. 4 states that the MTC in its capacity as grantor has the obligation to execute the Set-Up Works in the sections of the current road in order to comply with the service levels required in the contract. The subsections of the current road had to be delivered to the concessionaire at the latest the third quarter of 2009 Salaverry Empalme R01N - Santa and the first quarter of 2010 Santa Pativilca. However both parties signed with the prior opinion of Ositran the Act of Agreement of Temporary Suspension of Contractual Obligations on September 9 2011 and in which they recognized that all subsections delivered did not comply with the serviceability indexes required in the concession contract. For this reason the concessionaires obligations related to conservation and maintenance of the service levels of the current road were suspended. The suspension was initially for 90 days counted from the signing of the act but it has been extended uninterruptedly through 12 addenda to said act and the last term expired on November 24 2022 so more than 12 years have elapsed since the expiration of the original contractual term. The MTC informed the control commission that Addendum 13 will be signed with a new postponement which implies that at the closing date of the Comptrollers report the obligations to comply with the serviceability indexes stipulated in the concession contract were not suspended without prejudice to which Nor is there a certain date on which the grantor fulfils this obligation.
