The contract had an execution of 54.39% in sanitation works in the Tumbaco parish.
The Metropolitan Public Company for Potable Water and Sanitation (Epmaps-Agua de Quito) informed this Monday, January 17, 2022, through a bulletin, that it resolved “terminate in advance and unilaterally the Contract of Special Regime no. CRE-Epmaps-GT02-2019, for the construction of sanitation works in the Tumbaco parish” with the company Inmosolución.
The contract was awarded by the Municipality of Quito in the administration of Jorge Yunda for the value of $21,487,026.77 without VAT. However, Epmaps clarified that a value of $11,922,486.80 was executed, equivalent to 55.48%.
One of the projects was system of tunnels built under the parishes of Tumbaco and Cumbayá for the management of sewage and rainwater, in order to prevent flooding in the sector. The contract also included 45 kilometers of pipe for sewerage in Tumbaco neighborhoods.
According to the municipal company, Inmosolución failed to comply with several regulations of the Organic Law of the National Public Procurement System. One of the actions cited by the document is the have subcontracted 95% of the execution of the contract through “strategic alliances” with the company Geincosolution and the construction company Cevallos Hidalgo.
The articles cited are:
“Art. 79.- Subcontracting. – (…) Subcontracting may not be carried out with persons disqualified from contracting in accordance with this Law, nor may they exceed thirty (30%) percent of the amount of the readjusted contract…”.
Article 120 of the General Regulations of the Organic Law of the National Public Procurement System establishes: “Outsourcing. – Pursuant to article 79 of the Law, the contractor may subcontract with third parties, registered and authorized in the RUP, part of his services, as long as when the contracting entity previously approves the subcontracting in writing. The approval will be made by the highest authority, his delegate or by the official who has sufficient powers to do so. (…) Subcontracting will preferably be carried out with small and micro-enterprises”. (RGLOSNCP)
Resolution Epmaps-2022-GG-004, of January 12, 2022, signed by Othon Zevallos, manager of Epmaps, contains the termination of this contract. In the same document, “Epmaps reserves the right to initiate legal and constitutional actions” on potential damages caused by breach of contract referred.
This newspaper requested an interview with the company Inmosolucion, however, until the publication of this informative note there was no response.
Finally, from the Agua de Quito company they reported that they will start a new contracting process so as not to leave the works unfinished of this contract. (I)
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