Carlos Pimentel, director-general of the Procurement Agency (DGCP) recommended to the Social Policy Coordination Cabinet (GCPS) to terminate the 70 contracts signed for future shows with leading artists. He said these should comply with the correct government procedures. The contracting had the backing of the Administrative Minister of the Presidency José Ignacio Paliza.
In a communication sent to the head of the GCPS, Francisco Antonio Peña Guaba, the Procurement Agency says the contracting of services is subject to Public Procurement Law 340-06 that allows the contracting but only when the use of the exception is justified, and a resolution is issued by the Purchasing and Contracting Committee of the GCPS that recommends the contracting.
Pimentel says before contracting could be finalized, the administrative or financial director of GCPS should have issued a certificate of budget appropriation. The certificate then should have been uploaded to the Transactional Portal.
“When we checked the Transactional Portal to identify compliance with the minimum requirements, we were able to confirm that the contracting was not managed through this platform, contrary to the principle of transparency and publicity and to Article 6 of Decree No. 350-17, even though the Social Policy Coordination Cabinet had the legal obligation to commit the contracting to the regulations,” Pimentel points out.
He adds that institutions cannot make direct contracts and are only justified in the cases expressly established in the Law, such as purchases under RD$147,699.99.
The DGCP also informed that it has initiated an investigation intp the hiring of the orchestras and entertainment groups, based on the provisions outlined in Article 71 of Law 340-06. He requests that the Social Policy Coordination Cabinet produce and submit the report justifying the procedures and legal basis for such hiring, as provided by the regulations.
He says the Procurement Agency is checking the impact the detected irregularity may have. He notified Peña Guaba in a letter that the review may show other violations of the public contracting regime.
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Procurement Agency
Listin Diario
17 December 2020