The lawyers of A powerful consortium – with shareholders in Yopal, Bogotá and Facatativa – is studying filing a million-dollar lawsuit in the next few hours for a tender that the Government awarded them on April 10.
According to the criteria of
In an episode similar to that of the passports, the Foreign Ministry and Thomas Greg’s group, this consortium alleges that they won the contract “in a transparent manner and by completing all the legal stages.” And now, they are asking them to reverse it.
The millionaire mistake of the Aerocivil
As revealed by EL TIEMPO, This is the awarding of the construction contract for the Rescue and Fire Fighting service base (SEI) and complementary works at the Almirante Padilla airport in Riohacha (La Guajira).
It amounts to 10,480 million pesos, and was awarded to the Megastructural Consortium for Civil Aeronautics through resolution 00640.
However, after one of the participants (the Jeremías 33-24 consortium) and the Attorney General’s Office warned of a fundamental error in the database that determined the costs of the project, Aerocivil contacted the winners to ask for their consent to directly revoke the process.
Contract revocation process for works at the Riohacha airport.
Photo:TIME.
‘They were the ones who were wrong’
Marcio Melgosa Torrado, First Delegate Attorney for Preventive Surveillance of the Public Service
Photo:TIME
But, in a letter in the possession of EL TIEMPO, the consortium refused and now Aerocivil is going to have to reverse the process by demanding its own administrative act.
However, the matter is not as easy as it seems.
EL TIEMPO investigated and established that The Megastructural Consortium evaluates a lawsuit against Aerocivil.
Your legal representative, Javier Triana told EL TIEMPO that it is clear that it was Aerocivil that made the mistake by including an additional box on an Excel page, causing them to incur budgetary inaccuracy.
Triana He speaks on behalf of three powerful companies that constitute this consortium and that in the recent past have registered numerous juicy contracts in different regions of the country.
Who is behind the consortium?
This is the letter from Aerocivil addressed to Attorney Marcio Melgosa.
Photo:Private file.
EL TIEMPO investigated and established that The consortium is made up of three companies: Estahl Engineering SAS (30 percent); Manser Ingeniería SAS (30 percent) and MB Construcciones y Diseño SAS (with 40 percent.
Estathl Engineering SAS is a company that has been in the contracting sector since 2006 and its owners are Lina Paola Abril and Iván Montalvo Joya. It appears registered in Facatativá, it has assets that amount to 33,000 million pesos and has participated in several constructions such as the pedestrian bridge at the Nueva Granada school in Bogotá: projects with the Javeriana University, Bavaria, Colpatria and even with the National Intelligence Directorate (DNI).
Manser Engineering SAS, its partner appears incorporated in Yopal (Casanare). It currently has assets close to 4.8 billion pesos, and its legal representation is in charge of Miguel Ángel Naffah Toro and David Alejandro Naffah Olave.
This firm has had multiple contracts with the government of Casanare and with several mayors of the department. In addition, they also register agreements with the National Army, Ecopetrol, the Social Passive Fund of National Railways of Colombia, the department of Antioquia and the governorate of Vichada.
For its part, MB Construcciones y Diseño SAS was established in Bogotá in 2013 by 4 Brothers: Kelly Giovanna, Jorge Orlando, Carmen Cecilia and Jessica Paola Mora Blanco. The company was subscribed with 5 million pesos and currently its assets amount to 200 million pesos. His legal representation is in charge of Javier Enrique Triana Morales.
Notification to Aerocivil
This is the response letter from the Megastructural Consortium to the request for direct revocation consent sent by the Secretariat of Airport Services.
Photo:TIME.
TIME exclusively accessed a letter that the Megastructural Consortium sent to Aerocivil on April 29, arguing that the revocation is inadmissible.
And they clarify that although the cause for rejection is found within the specifications, it does not apply in this case.
“Such cause is not bound to affect the validity of the Resolution since the award to the Megastructural Consortium, an entity that did not incur any cause for rejection, fully complied with the requirements of the Tender Document, and whose offer was selected because it was the most favorable for both the entity and the public interest, under the principles of transparency, equality, impartiality, good faith, economy and responsibility” reads the document.
And they add: “Under this understanding, added to the principle of free competition, once the contract is awarded to a proponent that meets these requirements and that presented the most favorable offer for the entity and the general interest, no valid cause for direct revocation is observed.”.
What is Aerocivil going to do?
For the consortium and It is clear from their lawyers that they did not violate any of the causes that justify the revocation of the Public bidding process No. 23001184 H4 of 2023.
EL TIEMPO contacted Aerocivil to establish how they will proceed. But they stated that they will only refer to the issue with the attorney general delegated first for preventive surveillance, Marcio Melgosa, who was the one who warned them that the award of the contract was openly irregular.
INVESTIGATIVE UNIT
@UinvestigativaET
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