SANTO DOMINGO. -The General Directorate of Public Procurement (DGCP) presented this Thursday the results of the third investigation that it was commissioned to carry out by the companies Icontrolt, SRL and Kapsch Trafficcom Dominican Republic, SRL, against the public bidding process carried out by the National Institute of Transit and Land Transportation (Intrant) for the installation of the traffic light network of Greater Santo Domingo.
In resolution RIC-169-2023, the governing body, in addition to confirming all the irregularities detected in the previous decisions, verified that the contract signed between Intrant and the company Transcore Latam, SRL added services not contemplated in the terms and conditions, which constitutes a direct contract within the aforementioned contract, in violation of articles 16 and 20 of Law 340-06 on Public Procurement and the principles of due process and legality.
“Consequently, the direct contracting carried out by INTRANT with the company Transcore Latam, SRL, regarding the provision of the collection service of the 305 controllers existing at different intersections nationwide, which was not stipulated in the terms and conditions, is null and void,” highlights the 173-page document issued by the DGCP.
Similarly, the agency found that Article 3 of Decree 15-17, regarding due process in the issuance of budget appropriation certificates, was violated because a document issued by the administrative and financial director of INTRANT was used instead of the one generated by the Financial Management Information System (SIGEF). Furthermore, the amount of the award and the contract exceeds the amount appropriated for the procurement by RD$117,350,900.00, thus committing state resources beyond what was stipulated in the certificate.
A statement from the DGCP establishes that it was verified that the guarantee of faithful performance of the contract presented by the company Transcore Latam, SRL, is less than that required in the terms and conditions, failing to comply with the validity requirement established.
"Given the serious irregularities in the procedure, the DGCP reiterates the nullity of the terms and conditions and the procedure, and that sanctions should be applied to the officials and public servants who did not adhere to the rules of due process in the bidding process," the press release states.
It explains that the resolution in question will be sent to the Comptroller General of the Republic and its Anti-Fraud Unit; to the Chamber of Accounts of the Dominican Republic; to the National Commission for the Defense of Competition (PROCOMPETENCIA); to the General Directorate of Internal Taxes (DGII); to the Ministry of Public Works and Communications (MOPC); to the Specialized Prosecutor's Office for the Prosecution of Administrative Corruption (PEPCA); to the Ministry of the Presidency; to the Financial Analysis Unit (UAF); and to the General Directorate of Ethics and Governmental Integrity (DIGEIG), so that within the framework of their competencies they may carry out the pertinent investigations regarding the findings related to the issuance of invoices and their tax receipts, issuance of apparently regular lines of credit, conflict of interest, ethical behavior of public servants, anti-competitive practices, among other issues that may arise from the investigation carried out by the governing body.
The DGCP also announced that next week it will release the final resolution on the case, which will establish the sanctioning process that applies against the winning company.
