Republic of Peru Regional Transport Infrastructure Decentralization Project Redacted Report March 2018 Statement of Use and Limitations This Report was prepared by the World Bank Group (the WBG) Integrity Vice Presidency (INT). It provides the findings of an INT administrative inquiry (the Investigation) into allegations of corrupt, fraudulent, collusive, and/or coercive practices, as defined by the WBG for purposes of its own policies, rules and procedures (the WBG’s Framework regarding Anti-corruption), in relation to the WBG-supported activities. The purpose of the Investigation was to allow the WBG to determine if the WBG’s Framework regarding Anti-corruption has been violated. This Report is being shared to ensure that its recipients are aware of the results of the INT Investigation. However, in view of the specific and limited purpose of the Investigation underlying this Report, this Report should not be used as the sole basis for initiating any administrative, criminal, or civil proceedings. Moreover, this Report should not be cited or otherwise referred to in the course of any investigation, in any investigation reports, or in any administrative, civil, or criminal proceedings. This Report is provided without prejudice to the privileges and immunities conferred on the institutions comprising the WBG and their officers and employees by their respective constituent documents and any other applicable sources of law. The WBG reserves the right to invoke its privileges and immunities, including at any time during the course of an investigation or a subsequent judicial, administrative or other proceeding pursued in connection with this matter. The WBG’s privileges and immunities cannot be waived without the prior express written authorization of the WBG. 1 Background The Regional Transport Infrastructure Decentralization Project (the Project) in Peru aimed to improve the prioritization, efficiency and effectiveness of regional transport interventions and to contribute to regional development and poverty alleviation in Peru. The Project was financed by the International Bank for Reconstruction and Development (IBRD).1 It became effective in April 2006 and closed in June 2014. In 2011, the Regional Government of Amazonas (GRA) issued bidding documents for a contract financed under the Project (the Contract). Company A submitted a bid for the Contract. Evidence indicates that a Company A employee (Company A Employee) prepared and submitted Company A’s bid. Evidence further indicates that Company A’s then-General Manager (Company A Manager) signed Company A’s bid prepared by Company A Employee. The Bid Evaluation Report subsequently recommended that Company A be awarded the Contract. Allegations Following the Bid Evaluation Report, the GRA received a complaint against Company A and sought to corroborate certain information contained in Company A’s bid. The GRA concluded that Company A’s bid contained misrepresentations. Consequently, the procurement for the Contract was cancelled and the GRA referred this matter to the World Bank Group Integrity Vice Presidency (INT). Methodology INT’s investigation consisted of, among other things, a review of Project documents and relevant information provided to INT by the GRA, as well as statements obtained from Company A. Findings Evidence indicates that Company A submitted forged documents regarding its prior experience in its bid for the Contract. The bidding documents for the Contract required bidders to have experience in the construction of at least two works of similar nature and complexity with the works described in the bidding documents. In its bid for the Contract, Company A claimed that it had participated in a joint venture (the JV) for a road improvement contract in a certain municipality (the Municipality), and that the JV had completed over 82 percent of that contract. Company A also included a letter and an invoice that the JV had purportedly submitted to the Municipality (the Documents) and one letter purportedly issued by the Municipality to the JV (the Letter). However, evidence indicates that the Municipality neither issued the Letter nor received the Documents and that the JV had breached the contract when less than nine percent of the project had been completed. 1 The IBRD is one of the five institutions comprising the World Bank Group. The International Development Association (IDA) and the IBRD constitute the World Bank. The IBRD and the World Bank are used interchangeably throughout this Report. 3 INT issued a letter to Company A requesting Company A’s response to INT’s findings. In its response to INT’s findings, Company A admitted that its bid contained misrepresentations and forged documents. Follow Up Action by the World Bank The World Bank imposed a sanction of debarment with conditional release on Company A and Company A Employee, which extends to any legal entity that Company A or Company A Employee directly or indirectly controls. 4