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139-01

Project Name

Provincial Agricultural Services Program - PROSAP III ,
Provincial Agricultural Services Program - PROSAP IV

Country

Argentina

Prohibited Practice(s)

Fraudulent Practice

Nationality

Argentina

Year

2023

Type

Conditional Non-Debarment

Duration

24 month
Prohibited Practices

Fraudulent Practices: The respondent firm was found to have recklessly failed to disclose conflicts of interest in its bids, misleading the executing agencies and benefiting from the award of the contracts. 

The respondent firm (“Respondent”) participated in an international competitive bidding process under the Provincial Agricultural Services Program - PROSAP III (2573/OC-AR) and in a national competitive bidding process under the Provincial Agricultural Services Program - PROSAP IV (3806/OC-AR) (“Programs”). The Office of Institutional Integrity (“OII”) submitted a Statement of Charges and Evidence against the Respondent for allegedly engaging in fraudulent practices related to the Programs. OII accused the Respondent of falsely stating that it met the eligibility requirements and had no conflicts of interest as defined in the bidding documents, thereby avoiding disqualification and benefiting from the award of the contracts. Consequently, and per the Sanctions Procedures, the Sanctions Officer (“SO”) issued a Notice of Administrative Action (“Notice”) to the Respondent. In its Response to the Notice, the Respondent denied the allegations presented by OII.

The SO determined that it was more likely than not that the Respondent engaged in fraudulent practices by recklessly failing to disclose the conflicts of interest in which it was involved. As a result, the SO imposed a sanction of conditional non-debarment for a period of two (2) years. During that time, the Respondent may participate or be awarded contracts in projects or activities financed by the IDB Group as long as it demonstrates that it has adjusted its compliance program to a series of conditions. In determining the sanction, the SO considered, as an aggravating factor, the role of management in the commission of the prohibited practices. As mitigating circumstances, the SO took into account the Respondent's cooperation with OII's investigation and its demonstrated interest in improving its internal control mechanisms.

The Respondent did not appeal the Determination of the SO before the Sanctions Committee; therefore, in accordance with the Sanctions Procedures, the sanction imposed came into force.

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