Comptroller: Serfor hasn’t collected debt from concessionaire Huachipa since 2017 and could lose more than S/18m.

According to a recent report by the Comptroller General of the Republic (CGR), National Forest and Wildlife Service (Serfor) has not taken effective action since 2017 to recover the debt that the Huachipa Ecological Recreation Center concessionaire, Consorscio Ecolatina SAC, has owed to the state since 2015.

According to the supervisory authority, this situation jeopardizes the recovery of more than 18 million Singapore dollars, which the company must pay Serfor. In addition, the report stated that the concessionaire failed to comply with the requirements to maintain the Performance Security in force, which would have been specified as “mandatory” in the concession agreement.

alleged inaction

The CGR report indicates that after reviewing the documents sent to the Executive Directorate Serforand an analysis of the institution’s various internal communications, “mainly between the Treasury, the General Administration and the Directorate General”, does not provide evidence of specific actions that resulted in the effective collection of the debt of S/18,409,167 before June 29, 2022.

That is, according to the report, Serfor did not take administrative or judicial actions against the concessionaire to collect the millionaire’s debt. This is despite the fact that, in August 2021, prosecutors indicated that notarized letters or official debt collection requests must be processed and submitted as a preliminary step to arbitration.

Except Controller I learned that Serfor did not “initiate preparatory actions for a new selection procedure (open tender) aimed at awarding a contract with the CER Huachipa Driving Service.” This is due to the fact that the contract with the current concessionaire ends in August 2023, so the debt may remain outstanding.

“Breach of Contract”

Likewise, CGR found that the company failed to honor its obligation to maintain in effect the Diligent Compliance Guarantee, a “solid, unconditional and irrevocable $40,000 bank bond” to the government, which expired on July 8. 2019.

“Clause 15 of the contract specifies the non-renewal of the Performance Guarantee by the concessionaire as the reason for its termination, as well as three (3) failures in a row to fulfill the annual payment of economic compensation,” the document says.

The report states that, in accordance with the Concession Agreement and its annex, the consortium must pay economic compensation Serfor for the use of space that was provided before the end of the contract, an obligation that the company did not fulfill in the periods 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020 and 2020-2021.

Needless to say, in 2014 Serforas an authority subordinated to the Ministry of Environment (Minam), was appointed as the supervisory authority under the Concession Agreement, which granted the use of the CER. Huachipa to the consortium. Three years later, in 2017, he took the contract position of Grantor.

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