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
SANTO DOMINGO.-While the General Directorate of Public Procurement (DGCP) reported yesterday on finding new illegalities in the process, the National Institute of Transit and Land Transportation (Intrant) certified that the contract for the installation of the traffic light network of Greater Santo Domingo had been executed at 65.54% and that a total of 863,460,504.20 pesos has been committed in equipment and work already carried out and delivered by the company Transcore Latam SRL in a total of 220 intersections intervened.
Yesterday, the DGCP reported that it verified that the contract signed between Intrant and the company Transcore Latam, SRL added services not included 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.
The file submitted to the Superior Administrative Court by the company's lawyer includes a letter dated November 2, 2023, from the director of the Intrant Traffic Control Center, Samuel Baquero, sent to Hugo Beras, director of the institution, providing information and warning of the risks of canceling the contract, as published this Friday, December 1, by Diario Libre.
In reporting on the "current status of the project for the Modernization, Expansion, Supervision and Management of the Comprehensive System of the Traffic Control Center and the Traffic Light Network of Greater Santo Domingo," Baquero warned Beras that if the contract were to be canceled, "we would find ourselves in a critical situation where the Dominican State would lack a functional traffic center, the ATMS system and control at the intersections of the National District and Greater Santo Domingo.".
He explains that the previous provider (Consorcio CMI KAPSCH ICONTROL) disconnected in May, rendering the entire system inoperative, and requested proactive measures to mitigate any negative impact that might arise from the decision of the General Directorate of Public Procurement(DGCP) to suspend the contracted services and the eventual return of the equipment supplied by Transcore Latam.
According to Diario Libre, Baquero requested the collaboration of the National Department of Investigations (DNI) and the National Cybersecurity Center to provide Intrant with the technological resources essential for managing the 335 intersections affected by this decision.
"Having said this, and given what this situation represents, I express my deepest concern, given that the Traffic Control Center is currently offline and its building is under renovation, so if the equipment of the contractor's temporary control center goes out of service, we would completely lose the ability to manage traffic in the National District and Greater Santo Domingo; which is critical in light of the start of the peak congestion season," the letter concludes.
Essential explanations
The appeal for "preliminary administrative precautionary measure" requested by the company Transcore Latam SRL to the TSA, against the decision of the General Directorate of Public Procurement (DGCP) that annulled the procedure and the contract for the installation of the traffic light network of Greater Santo Domingo, has many facets.
Although the defense brief filed with the court by attorney Jorge Abraham Morilla Holguín alleges that the procedure was carried out in accordance with the provisions of Law 340-06 and its regulations and addresses the concerns raised by the contracting authority regarding the bidding process, it fails to explain the specific aspects that led to the annulment.
Although it cites the complaints filed by the companies Sic Transcore Latinoamérica and Transcore LP that Transcore Latam, SRL, allegedly used information created falsely or fraudulently, or adulterated from other available public sources, for the purpose of participating as bidders in the procedure, it does not present its version of this fact to the court.
With regard to this aspect, the instance only expresses the following: "It should be noted that both complaints, although they affect contractual rights acquired by our client, whether maliciously or not, were not notified to the current plaintiff (Transcore Latam), until October 24, 2023, that is, more than three (3) months after they were received…".
Nor is the diffuse shareholding structure of the company explained, nor the suspicious movements of shareholders, which the DGCP cites as serious irregularities in Resolution RIC-156-2023 of the DGCP that suspended, ex officio, Contract No. DJ-CSB-009-2023, signed between Intrant and Transcore Latam.
These are key points argued by the DGCP to annul the bidding process and suspend the execution of the contract. However, the 319-page defense brief does not address them in the submission to the TSA.
Regarding the DGCP's argument that the English documents were not translated as required by the terms and conditions, the defense brief argues that these documents constituted additional information beyond that required by the terms and conditions, and not non-rectifiable requirements of the offer submitted by the plaintiff.
Regarding the claim that the experience presented by the company Transcore Latam SRL was prior to the company's incorporation, it is argued "that the way the reference selection procedure was configured allowed for accreditation of the experience of the manufacturer of the goods and services offered, and not necessarily of the bidder.".
DGCP detected more illegalities
The DGCP confirmed all the irregularities detected in the previous decisions, in the bidding process for the installation of the traffic light network of Greater Santo Domingo and affirms in a new decision that it verified that the contract signed between Intrant and the company Transcore Latam, SRL added services not contemplated in the terms and conditions.
In a new decision, published in a press release yesterday, November 30, the agency maintains that this 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.
The institution presented 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 Intrant for the installation of the traffic light network of Greater Santo Domingo.
"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, is null and void, as it was not stipulated in the terms and conditions," the DGCP stated.
