Sanctions Officer
Trasparencia
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Sanction Code

121-06

Project Name
Housing and Integral Improvement of Urban Informal Settlements Program, Phase II (2373/OC-ES)
Country
El Salvador
Prohibited Practice(s)
Collusive Practice
Fraudulent Practice
Nationality
El Salvador
Year
Type of Sanction
Debarment

Duration

60
Months
Prohibited Practice(s) Text

Fraudulent Practice and Collusive Practice: The individual respondent was found to have committed a fraudulent practice by submitting false bid securities to demonstrate compliance with the contract and obtain a financial benefit. The individual respondent was also found to have entered into a collusive arrangement with another company to distribute the award of contracts and conceal that it would be the true beneficiary of the awards.

Synopsis

The individual respondent (the "Respondent") was the legal representative of a company that participated in shopping procurement processes under the Housing and Integral Improvement of Urban Informal Settlements Program, Phase II (the "Program"). The Office of Institutional Integrity (the "OII") submitted a statement of charges and evidence against the Respondent for the alleged commission of a fraudulent and a collusive practice related to the Program. OII alleged that the Respondent submitted false bid securities during the execution phase of the contract to demonstrate compliance with its terms and obtain an undue financial benefit. The Respondent was also accused of entering into a collusive arrangement with a company during the shopping processes to distribute the award of contracts and conceal that it would be the true beneficiary of the awards. Consequently, and in accordance with the Sanctions Procedures, the Sanctions Officer (the "SO") issued a notice of administrative action (the "Notice") against the Respondent. The Respondent did not submit a Response to the Notice.

The SO determined that it was more likely than not that the Respondent engaged in a fraudulent practice and a collusive practice. As a result, the SO imposed a sanction of debarment for a period of five (5) years, during which time the Respondent will be ineligible to participate or be awarded contracts in projects or activities financed by the Bank Group. In determining the sanction, the SO considered the Respondent´s cooperation with the investigation and its admission of guilt as mitigating factors.

In accordance with the Sanctions Procedures, the sanction imposed entered into force immediately, and the Bank provided notice of this declaration of ineligibility to the other Multilateral Development Banks that are a party to the Agreement for Mutual Enforcement of Debarment Decisions.

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