The Individual Respondent (“Respondent”) was the representative of a consortium, which participated in a bidding process under the Innovation in School Infrastructure Program in Panama (the “Program”). The Office of Institutional Integrity (“OII”) submitted a Statement of Charges and Evidence against the Respondent and the firms constituting the consortium for allegedly engaging in a fraudulent practice related to the Program. OII’s specific accusation was that the Respondent submitted falsified documents regarding one of the firms’ technical capacity to meet tender requirements, qualify for the award of the contract and obtain a financial benefit. Consequently, and in accordance with the Sanctions Procedures, the Sanctions Officer (“SO”) issued a Notice of Administrative Action (“Notice”) to the Respondent. In the Response to the Notice, the Respondent denied the allegations presented by OII.

The SO determined that the Respondent acted recklessly, rather than knowingly, and was therefore not sanctionable under the applicable definition of fraudulent practice. Consequently, the SO dismissed the charges against the Respondent and terminated the proceedings. The SO Determination was final.