📋 Tender Overview
The Office of the Comptroller General determined a loss of S/ 5,989,840 in the Provincial Municipality of Huaylas as a result of irregularities in the execution of the balance of the work to improve the drinking water and sanitary sewerage system of the urban area of the city of Caraz, which led the entity to assume debts that did not correspond to it.
Twenty-one officials and public servants would have alleged criminal and administrative responsibility, so the report was referred to the Decentralized Public Prosecutor's Office-Anti-Corruption of Ancash and the head of the municipal entity for the initiation of the corresponding actions.
According to the Compliance Audit Report No. 062-2023-2-0339, in April 2018, the selection committee favored the sole bidder with the award of the consultancy for the preparation of the technical file, despite the fact that it did not accredit the experience of eight proposed professionals, nor the experience in the activity and specialty of the consortium.
Consequently, the entity approved and paid for a technical file with deficiencies since it did not have the requirements demanded by the Terms of Reference and the National Building Regulations, such as the Certificate of Non-Existence of Archaeological Remains (CIRA), the social intervention study, the legal physical sanitation, the Traffic Study, Risk Management, among other documents.
In November 2020, the municipality awarded the contract and signed a contract with the winning bidder to carry out the work. However, in January 2021, the majority shareholder of the consortium reported the forgery of her signature on the consortium contract. However, the municipality did not process the nullity of the contract because it transgressed the principle of presumption of veracity.
Additionally, in August of that same year, the consortium asked the entity for the advance payment of materials when the work was paralyzed. To that end, he attached a letter of guarantee; However, the bank informed the provincial commune that this document was false, but they did not terminate the contract to execute the balance of the work.
It was only in March 2022 that the municipal entity terminated the contract due to non-compliance by the contractor and executed the letter of guarantee of faithful compliance in favor of the entity. However, at the request of the consortium, they signed a conciliation agreement with very advantageous claims for the contractor and very harmful for the entity, which allowed the Provincial Municipality of Huaylas to assume debts that did not correspond to it.
Likewise, they approved the liquidation of the work recognizing 6387.48 meters of PVC pipe that were not delivered to the entity, without first making the deduction. In the same way, they paid for the execution of items of the additional work that were not approved by the commune and for items not contemplated in the technical file, among other aspects.
The control commission also verified that the municipality does not preserve the materials and structures of the partially executed reservoir and the reinforced concrete of the Upflow Anaerobic Reactor (RAFA) of the Wastewater Treatment Plant. In both cases, the iron and other structures are exposed to the elements without protection, so they show oxidation and premature deterioration.
Facts:
The physical execution of the balance of work began in January 2021. During the time that the works lasted, there were three suspensions of time and up to 12 valuations were paid in favor of the contractor, equivalent to 10.46% of the contractual amount, which amounts to S/ 52,480,589. Currently the work remains unfinished and abandoned.
