The Office of the Comptroller of Puerto Rico publishes the result of the investigation of a complaint about the awarding of a contract for the operation of the military stores of the Institutional Trust of the National Guard of Puerto Rico. The complaint arises because the 2008 contract and the renewals in 2012 and 2017 were awarded without soliciting proposals or holding biddings.
The investigation conducted by the Office of Complaints and Fiscal Intelligence determined that the Trust did not comply with one of the recommendations of Audit Report DA-13-50 of 2013; that of approving a procedure on the process to follow for the selection and contracting of the concessionaires. In the Corrective Action Plan of 2013 they indicated that the Legal Division of FIGNA was reviewing a draft of the Regulation that, as of July 7, 2017, was still not prepared.
In addition, the Institutional Trust of the National Guard of PR also did not comply with its enabling law, Act 23-1991, which establishes, among other provisions, that the operation of military stores, canteens and other services or their assignment or lease for operation by third parties shall be carried out in accordance with the regulations prescribed by the Adjutant General and the Secretary of the Treasury.
These situations prevented the Board of Directors of FIGNA from having the regulations to serve as a guide for the process of soliciting proposals, selection and contracting of the concessionaires. In addition, it prevents having several alternatives available to select the best offer and lends itself to benefiting particular contractors.
The Report is dated December 1, 2017
See the Result of the Complaint Investigation, RIQ-OQIF-18-05.
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