Tegucigalpa, Honduras.
The High Court of Auditors (TSC) He referred yesterday another report al Public Ministry with indications of criminal responsibility in shopping carried out by the Permanent Contingency Commission (Copeco) to attend to the health emergency for covid-19.
The inconsistencies found are derived from purchasing and storage of mechanical fans executed by Copeco. From the analysis of the evidence collected, the TSC found sufficient merits to submit a new report to the MP, to be the constitutionally empowered body to exercise public criminal action before the respective courts, classifying the corresponding offenses.
The report was accompanied by a letter addressed to Attorney General Óscar Fernando Chinchilla, through which the formal delivery for the corresponding legal effects is made official.
This report, according to the TSC, contains elements to prove the existence of criminal liability that will support the Public Ministry.
findings
The special research on purchases and their storage to deal with the national emergency for the Covid-19, included the review of operations, records and supporting documentation submitted by Copeco, with emphasis on the purchase of 90 assistance equipment for cough, 90 batteries, 90 fans: includes tube, mask and battery; as well as the acquisition of 40 fans, 90 cough care equipment and 90 batteries.
The TSC report also details that on the purchase of the equipment, the supplier presented to Copeco invoices worth $ 2,280,410.00 (about 56,300,000 lempiras at the exchange on the date on which transfers were made), in breach of established laws, regulations, internal control provisions and administrative procedures, identifying, in accordance with what has been demonstrated, harm to the health and economy of the country, as these disbursements far from counteracting the health crisis by covid-19, affected so that this one was not attacked of suitable way.
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In the course of the investigation, the Special Audit Commission assigned by the TSC to Copeco, found a series of inconsistencies that constitute conduct with indications of criminal responsibility in the process of purchase and receipt of mechanical fans, batteries and equipment. cough care.
The TSC states that Copeco made the purchase of respiratory medical care equipment from the company called “International Equipment, Inc.”, which, according to the documentary file, has its headquarters in the city. of New York, United States.
The first bill No.14742, dated March 9, 2020, corresponds to the purchase of 90 cough care equipment and 90 batteries, for a sum of $ 377,910.
The second with No.14745, dated March 12, 2020, deals with the acquisition of 90 fans, including tube, mask and battery, worth $ 904,590.
The third bill No.14748, dated March 16, 2020, corresponds to the purchase of 40 fans, 90 cough care equipment and 90 batteries, for the sum of $ 997,910.
After reviewing the purchase support documentation described above, alleged inconsistencies were detected in the acquisition and reception process, Including that there is no request from the Ministry of Health to express the need to purchase these medical equipment.
The TSC determined that the attributions were taken unduly by the secretary of Copeco and the Administrative and Financial Direction of this entity, without counting
with the opinion of the Ministry of Health, in violation of the Law of the National Risk Management System (Sinager).
Likewise, some legal, technical and administrative requirements were not met prior to and after the purchase process, in the case it was not verified that the company was or was not suitable to contract with the State of Honduras, the authenticated affidavit of the foreign company of not having disabilities nor was it found to have economic solvency and financial capacity, either to manufacture or supply the acquired medical equipment.
An acquisition contract was not drawn up, signed or approved of the goods, one was not elaborated either purchase order in order to establish and fully ensure the rights of the State before the contractor. This situation led to the regulation or guarantee of the necessary technical and legal requirements in the acquisitions such as place and delivery times, prices, penalties for non-compliance, force majeure and fortuitous events, conflict resolution, and so on.
It was verified that prior to receipt of the goods no provisional or final act of receipt was drawn up of the medical equipment by virtue of which the purchase never entered Copeco, delivery was made to Health representatives and distributed from the Honduran Air Force to the medical units.
Besides: Prosecutor’s Office investigates Copeco’s emergency purchases
I; report also notes that no quotations were made with other companies on the purchases made, no guarantees of maintenance of supply, compliance with contract and quality were established, in view that no contract or payment order was drawn up for the administrative procedure.
Direct contracting it was not approved by executive agreement of Copeco, either was notified to the TSC as required by law, nor was it verified by Copeco that the company was suitable for contracting, therefore, it was not ensured that the tickets or goods that it would deliver met all quality requirements and specifications techniques required.
The TSC investigation found that mechanical fans were purchased despite alerts issued and circulated by the Food and Beverage Administration of the United States of America (FDA). Also, in the course of the audit was observed alleged negligence in the purchase of mechanical fans to be incomplete, as according to technical reports from various hospitals, they did not have certain essential accessories and supplies, which led to problems for them to function immediately in the pandemic.
This apparent irregularity in the purchase by the emergency resulted in the State disbursing additional resources in the amount of L.4,602,075.00, in the acquisition of the missing accessories. This purchase was delegated to Strategic Investment of Honduras (Invest-H).
In the course of the audit it was verified, according to the reports presented by the Ministry of Health and hospital directors of the different regions of the country, that some ventilators never came into operation and others are embodied in hospitals for not meeting expectations for the handling of covid-19 and others for lack of accessories and inputs.
It was found that cough ventilators and suckers do not meet the technical specifications for the care of covid-19 patients and medical staff recommended their non-use. It was verified that invoices supporting the transaction are not original and have some inconsistencies, as they do not have stamps and signatures of the issuing company, nor was the website address www.partnersmedicalsupplies.com found and there is no mail email “info @ partnersmedicalsupplies.com”, described on the invoice.
In the payment file it was found that in the invoices supporting the transaction appear in the name of the company Partners Medical Supplies, Inc., dba: City Stair Lift and the transfer of payment was made to the company International Medical Equipment, LLC.
Finally, it was found to be missing in the amount of 104 cough care equipment and 84 batteries, representing a loss of $ 358,696.00.
The TSC report states that the facts found violate, among other regulations: the Constitution of the Republic, the State Procurement Law and its Regulations, the general provisions of the general revenue budget and expenses of the Republic of the year 2020, the Organic Law of Budget, the executive decree number PCM 005-2020, the Law of administrative procedure and the Law of Sinager.