Thursday, December 29, 2016,
Santo Domingo, D.N.
This morning, the National Committee Against Climate Change, CNLCC, demanded, through delivery of a communication to the General Directorate of Public Contracts, that it rescind the contract of Punta Catalina and the other contracts of Odebrecht and that this company be permanently barred as a contractor of the Dominican State.
The Committee also demanded from the General Directorate of Public Contracts, as the Governing Body of the System of Contracting of Goods, Works, Services and Concessions, to open an exhaustive investigation to determine which of the public officials that received the 92 million dollars that Odebrecht confessed to having paid in bribes to obtain the contracts for various infrastructures in the country, the exact amounts of the overvaluations of these works and other illicit actions which have yet to be determined.
It also requested that these officials be punished in relation to the seriousness of the offenses committed in the framework of Law 340-06 of Public Procurement, without prejudice to the civil and criminal responsibilities of these officials, that these be heard by the courts of the Republic.
It stated that articles 35 and 36 of Law 340-06 give the General Directorate of Public Procurement, as the Governing Body, to supervise compliance with the rules, principles, policies and regulations governing public procurement and to know the wrongdoings and to establish the sanctions corresponding to the bidders and the officials who participated in the purchases, acquisitions and in the public concessions of the the central and decentralized government entities.
It pointed out that as a result of Odebrecht’s admission that it had paid $ 92 million to Dominican public officials between 2001 and 2014 in order to obtain public works contracts, these must be rescinded because of their unlawful genesis as indicated in article 11 of Law 340-06 of Public Contracts.
The Committee attached to its correspondence the original and official document signed by representatives of Odebrecht and by US judicial officials signed on December 21 before the New York State Court of Justice, where Odebrecht confesses to making payments of bribes for $ 788 million dollars in 12 countries, including the Dominican Republic with $ 92 million, the third largest recipient of illicit funds in this group of countries.
It stated that paragraph III of article 66 of Law 340-06 of Public Procurement cites as one of the grounds for permanently barring a company as a supplier, contractor and / or supplier of the State to “offer donations, commissions or royalties to officials of public entities, directly or through third party in relation to acts related to the tender procedure, or when they use staff of these institutions to prepare their proposals. “
This is precisely what Odebrecht has admitted to judicial officials in Brazil, Switzerland and the United States, and to world public opinion.
It indicated that article 14 of Law 340-06 prohibits that persons and companies that have been condemned for corruption or are being litigants for this cause be bidders of the State.
“This permanent disqualification from Odebrecht as a contractor and / or supplier for the Dominican State, this is also supported by the undisputed fact that the president of this company, Marcelo Odebrecht, was convicted by the Brazilian Justice, through a an nonrevocable sentence in which he was tried for corruption and sentenced to 19 years and four months of prison “, affirms the Committee in its missive.
It also points out that “57 other Odebrecht senior managers, including the directors of this company in the Dominican Republic, have admitted to the Brazilian Justice, their responsibilities in serious corruption actions”.
In the letter, the CNLCC summoned the director general of Public Procurement, Yokasta Guzmán to apply strictly Law 340-06. This legislation “provides sufficient and effective tools to ensure that, as the head of the Governing Body, we implement the measures we request in this communication,” he said.
“We hope you do not compromise yourself based on the dimensions of corruption committed by Odebrecht against the interests of the people of the Dominican Republic, but on the contrary, it is an incentive for strict compliance with the Law and the responsibilities assigned to you by this legislation.” Concludes the Committee’s letter.
NATIONAL COMMITTEE ON COMBATING CLIMATE CHANGE, CNLCC
At the moment when members of the National Committee to Combat Climate Change, CNLCC, offered statements to the press this morning at the entrance of the General Directorate of Public Procurement. Enrique de León was the spokesman for the entity.