The Supreme Court of Justice ruled that the contracting of the Teatro Agua y Luz in the Centro de los Heroes to Consultoría Astur S.A. was plagued by irregularities and thus is annulled. The decision concurs with the opinion of the Procurement Agency (DGCP).
The Supreme Court of Justice sentence SCJ-TS-22-0123 annuls the concession of the Agua y Luz Theater to Consultoría Astur, S.A. The company Consultoría Astur, S.A. is represented by its manager Alan Omar Vargas García. Vargas García who is the son of Miguel Vargas Maldonado, who served as Minister of Foreign Relations during the Danilo Medina administration. Vargas Maldonado is also president of the Dominican Revolutionary Party (PRD). The PRD was a strong ally of the PLD during the Medina administration.
In a press release, Carlos Pimentel, head of the Procurement Agency (DGCP) explained that the Third Chamber of the Supreme Court favored the institution by rejecting a cassation appeal filed by Consultoría Astur, S.A. (lessee) against the concession. Resolution RIC-96-2020 had declared illegal the bidding for the lease of the Agua y Luz Theater. Resolution RIC-96-2020 was issued by Contrataciones Públicas.
In January 2021, the Superior Administrative Court (TSA) had determined that the request for precautionary measure filed by Consultoría Astur S.A. was inadmissible since it did not meet the requirements of Law 13-07, in the sense that the lessee of the Agua y Luz Theater had not carried out renovation works of that public property.
In this sense, the Supreme Court of Justice ruled that the effects of Resolution RIC-96-2020, issued at the beginning of the current administration of Carlos Pimentel at the DGCP, are still in force. That resolution had annulled the bidding process CFIH-CCC-LPN-2015-001 carried out by the Corporación de Fomento de la Industria Hotelera y Desarrollo del Turismo (Corphotels), for awarding an illegal 25-year concession contract and not a lease as it was called.
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El Dia
Diario Libre
6 April 2022