The institution reported that this resolution will also be delivered to the Specialized Prosecutor's Office for the Prosecution of Administrative Corruption (PEPCA) as part of the investigation process it is carrying out.
SANTO DOMINGO.-The General Directorate of Public Procurement (DGCP) announced this Thursday that it has cancelled the public bidding process carried out by the National Institute of Transit and Land Transportation (Intrant) for the installation of the traffic light network in Greater Santo Domingo.
In a press release, the agency notes that this is the third decision issued in response to the case, and that a request for investigation is still pending.
"It is recalled that in the first two resolutions RIC 164-2023 and RIC165-2023 , the existence of a diffuse corporate structure and the presentation of false documentation to prove experience by the winning company, which was unknown to the supposedly issuing companies, was verified," the DGCP states in the press document.
He explains that in the new resolution RIC-168-2023, issued in response to the hierarchical appeal filed by the company ESC Group, SRL, serious irregularities in the awarding of the contract are also evident.
"That is why, in the exercise of its powers, the governing body annulled the terms and conditions, and consequently the national public bidding procedure INTRANT CCC-LPN-2023-0001, for violation of articles 21 and 25 of Law 340-06 on Public Procurement, and 88, 91 and 94 of its application Regulations," the entity explains.
It elaborates that the irregularities constitute violations of the principles of participation, proportionality, equality and free competition of the purchasing regulations, as well as the principles of rationality and due process of Law 107-13.
In that sense, -he continues explaining- it was found that, by establishing excessive and disproportionate requirements, demanding that potential bidders prove experience of having installed 15,000 controllers and 40,000 intersections worldwide, the tender was restrictive, which influenced the low participation and prevented the experts from carrying out an objective evaluation.
Among the irregularities and non-compliance with due process, the DGCP also highlights that the experts carried out subjective technical evaluations and that they deliberately only validated the experience of one of the participating bidders.
It emphasizes that, likewise, the evaluations carried out by the experts are not justified and it was evident that they deviated from due process by recommending correction of technical aspects that the regulations do not allow because they imply an improvement of the offer.
Therefore, the DGCP stressed that the appropriate course of action was for the Purchasing Committee to reject these evaluations because they were based on subjective, arbitrary, discretionary, and deliberate criteria.
"In light of these irregularities, the governing body reiterated that Intrant must apply disciplinary sanctions to the officials and public servants who participated in the aforementioned procedure.".
The institution reported that this resolution will also be delivered to the Specialized Prosecutor's Office for the Prosecution of Administrative Corruption (PEPCA) as part of the investigation process it is carrying out.
Resolution RIC-168-2023 can be consulted in its entirety in the Legal Framework section of the institutional website of the General Directorate of Public Procurement www.dgcp.gob.do.
