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Mininter: Comptroller alerts damage due to delay in delivery of Antonov plane of US $ 64 million

The Comptroller General of the Republic alerted the Ministry of the Interior (Mininter) that the delay in the delivery of the US $ 64 million Antonov AN-178 aircraft delays the process of repowering the air capacity of the Peruvian National Police (PNP).

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Through a release, the entity explained that the lack of a guarantee of faithful fulfillment in the purchase contract ”could generate a potential damage against the State in case of non-compliance due to causes attributed to the supplier ”.

It should be noted that, through Supreme Decree No. 019-2019-INOn August 28, 2019, the acquisition of large aircraft was declared of national interest to recover the operational capacity of the PNP. Under this framework, on October 23 of the same year, the Mininter and the Spetstechnoexport company of Ukraine signed a contract for US $ 64 million for the acquisition of the Antonov AN-178 aircraft under the State-to-State modality.

REPORT FROM THE COMPTROLLER

According to him Concurrent Control Report N ° 014-2021-OCI // 0282-SCC, the purchase contract for the Antonov AN-178 aircraft is for 24 months (two years) counted from the signing thereof, which expired October 23, 2021, unless both parties approve a modification in the schedule.

In this regard, the general director of the General Office of Administration and Finance of the Ministry informed the Institutional Control Body (OCI) that from October 24 of this year corresponds the beginning of the term for the application of penalties, which has already been communicated to the Ukrainian company.

Aircraft construction was 30% complete within eight days of the delivery deadline. Photo: Comptroller’s Office

BREACH

According to Comptroller, the breach of the contract not only corresponds to the delivery of the plane but also the training and training of the Peruvian police personnel at the seller’s base, carrying out the technical inspection of the AN-178 aircraft and delivery of aviation equipment and operational documentation (OD) to the buyer’s base.

Likewise, the control report collected information provided by the Director of Police Aviation on the work visit made by an aircraft inspector to the Ukrainian company.

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Said report reveals that in the visit to the Antonov company facilities, carried out on October 11, it was reported that structurally the aircraft had an approximate total progress of 65%. But nevertheless, the aircraft inspector noted that the percentage of total manufacturing averaged 30%.

LACK OF PERFORMANCE GUARANTEE

The control report also warns that although the contract establishes the application of penalties for the delay in the delivery of the Antonov AN-178 aircraft, it does not contain a guarantee of faithful compliance or other instrument that provides security of compliance with the deadline. delivery of the contracted good.

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According to information from the Ministry’s General Administration and Finance Office, the purchase contract establishes that the provider must pay the sum of US $ 5,000 per month in case the delay is one to two months, but that increases to US $ 35 thousand per month in case the delay is from three to five months and to US $ 70 thousand per month for each month, in case the delay is from five to 12 months.

Only, in case the 12-month penalties are exceeded, the buyer may request the termination of the contract.

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