Protectorii controversatei firme VESTA, în corzi după dezvăluirile apărute în presă. Rețeta licitațiilor trucate. Cine pe cine apără?

Recentele investigații de presă, adevărate „bombe” pentru cunoscători, între care se numără și cele apărute în cotidianul Evenimentul zilei, cât și pe postul Realitatea PLUS, au scos la iveală încălcări flagrante ale legii, de o gravitate îngrijorătoare, fapte pentru care chiar procurorii DNA au început urmărirea penală pe linia VESTA-CNAIR-Consiliul concurenței. Deși tardiv, Consiliul Concurenței a anunțat că nu mai puțin de 15 companii din domeniul semnalizării rutiere au ajuns în atenția sa pentru licitații trucate. Ca o ironie, grav este că una dintre cele mai mari probleme cu care se confruntă Capitala, mai ales în ultima perioadă, este chiar lipsa mijoacelor de semnalizare rutieră!

În plin scandal al căpușării CNAIR de către VESTA INVESTEMENT, Consiliul Concurenței a anunțat că ar deține indicii că 15 companii care au participat la procedura de achiziție publică inițiată de Administraţia Străzilor Bucureşti, în anul 2017, au aranjat înțelegeri anticoncurențiale. 

Mai exact, companiile sunt investigate pentru un posibil comportament anticoncurențial pe piața executării și comercializării mijloacelor de semnalizare rutieră. Prețul licitației s-ar fi ridicat la nu mai puțin de 120 de milioane de lei, fără TVA! Acordul cadru se întindea pe o perioadă de 48 de luni.

15 companii din domeniul semnalizării rutiere, sub lupa Consiliului Concurenței: sancțiuni pentru licitații TRUCATE

Companiile investigate sunt: Anduna Servimob S.R.L., Consitrans S.R.L., Dual Man S.R.L., Dumava Semnalizare S.R.L., Eurocerad International S.R.L., Euro Construct Trading 98, S.R.L.,Gamida Euromark S.R.L., Girod Semnalizare Rutieră S.R.L., Komora S.R.L., Lindor Ideal Construct S.R.L, Marad Concept S.R.L., Omnia Via Signa S.R.L., Telor Invest S.R.L., Tehnosmart Construct S.R.L. și Vesta Investment S.R.L.

Această investigație a rezultat prin conexarea a două investigații, care aveau același obiect, inițiate de Consiliul Concurenței, undeva la sfârșitul anului trecut.

Prima, se referea la comportamentul companiilor Anduna Servimob S.R.L., Dual Man S.R.L., Eurocerad International S.R.L., Komora S.R.L., Lindor Ideal Construct S.R.L., Marad Concept S.R.L.și Vesta Investment S.R.L. Cel puțin în cadrul participării la procedura de achiziție publică având ca obiect „Proiectare şi execuţie semnalizare rutieră orizontală şi verticală pe străzile aflate în Municipiul Bucureşti”, inițiată de Administraţia Străzilor Bucureşti în 2017, fapt semnalat de reportajele Realitatea PLUS.

Pe de altă parte, Consiliul Concurenței a avea indicii că Anduna Servimob S.R.L. și Vesta Investment S.R.L. nu s-au concurat la proceduri de achiziție publică, organizate începând cu anul 2017, aspect ce ar putea sugera o posibilă intenție de împărțire a contractelor. Schema este simplă: în acest fel, companiile încearcă să-şi asigure câştigarea procedurilor de achiziţie publică în condiţii mai puţin competitive şi, implicit, cu costuri mai mari pentru clienţi.

Cea de a doua investigație, declanșată în urma unei plângeri depusă în scop de hărțuire și tragere de timp de către VESTA INVESTEMENT, viza o posibilă denaturare a concurenţei de către Consitrans S.R.L., Dumava Semnalizare S.R.L., Euro Construct Trading 98, S.R.L., Gamida Euromark S.R.L., Girod Semnalizare Rutieră S.R.L., Omnia Via Signa S.R.L., Tehnosmart Construct S.R.L. și Telor Invest S.R.L. cu ocazia participării acestora la aceeași procedură de achiziție publică, inițiată de Administraţia Străzilor Bucureşti, în 2017.

Consiliul Concurenței a declanșat inspecții inopinate la sediile companiilor implicate, alese „pe sprânceană”, documentele ridicate aflându-se în analiza autorității de concurență, în cadrul procedurii specifice de investigație, inspecții care, de altfel, se întorc tot împotriva VESTA INVESTEMENT, dat fiind că inspectorii au obținut cu această ocazie dovezi ale ilegalităților comise de administratorul Radu Spirea. Or, toate aceste dovezi, trimise în timp de către mai mulți opreatori economici din piață, au fost ignorate sistematic de către conducerea Consiliului Concurenței.

„Dacă n-ar fi, nu s-ar mai povesti…” – Cum dezinformează Consiliul concurenței

Consiliul concurentei investighează o presupusă trucare a unei licitații, însă uită să menționeze un detaliu extrem de important, și anume că aceasta a făcut deja obiectul cercetării judecătorești, așa cum rezultă din hotărârea 3846 din 05.10.2017 pronunțată de Tribunalul București și din cea a Curții de Apel București, nr. 1320 din 6.12.2019. 

Prin ce mecanism se trucau licitațiile

Încercarea de trucare a licitației le-a aparținut celor de la VESTA Investement care, împreună cu Administrația Străzilor București au elaborat un Caiet de sarcini la care nu puteai răspunde dacă nu erai VESTA sau interpus al acesteia. 
De altfel, Curtea de Apel București, în decembrie 2019, vorbește explicit în motivarea sentinței sale despre acte de trucare și de denaturare a licitației, indicand și responsabilul: VESTA Investment.

Cum Administrația Străzilor București avea și încă mai are (!) obligația legală de a pune în aplicare hotărârea definitivă a Curții de Apel București – poate noul Primar General își îndreaptă atenția și asupra activității ASB – cum VESTA și partenerii săi tradiționali au epuizat toate căile extraordinare de atac asupra sentinței CAB, în decembrie 2020, la mai bine de un an de când ASB ar fi trebuit să pună în aplicare CAB, Consiliul concurenței pornește o investigație asupra firmelor implicate în respectiva procedură. Tardiv, totuși… Nu a mai contat că decizia instanței nu mai poate fi combătută nici de Consiliu, nici de ASB. A contat, însă, că VESTA Investment a făcut o plângere către Consiliul Concurenței, în încercarea disperată de a bloca atribuirea contractelor asocierilor declarate câștigătoare, iar președintele acestei instituții – cu mandatul demult expirat – a venit în întâmpinarea solicitării influentului patron al VESTA Investment, Radu Spirea.

Așa că, „urmare plângerii formulate de Vesta Investment SRL, prin Ordinul nr. 1094 din data de 27.11.2020, Președintele Consiliului concurenței a dispus declanșarea unei investigații având ca obiect posibila încălcare a prevederilor art. 5 alin. (1) din Legea Concurenței și ale art. 101, alin. (1) din TFUE de către întreprinderile mai sus menționate, pe piața comercializării și execuției mijloacelor de semnalizare rutieră din România”. (extras din Încheierea nr.5 Dosar nr. 696/2/2020, Curtea de Apel București)

Totodată, administratorul VESTA Investement era obligat, conform legii, să menționeze faptul că a încheiat un acord de recunoaștere pentru diminuarea amenzii, fapt pe care l-a „omis” din vedere, ba mai mult, a continuat să comită de mai multe ori infracțiuni de fals și uz de fals în toate declarațiile DUAE, menționând că nu a făcut practică anticoncurențială sau că nu a trucat licitații. Și asta, deși instanțele de judecată au stabilit contrariul.

Ca o ironie, grav este că una dintre cele mai mari probleme cu care se confruntă Capitala, mai ales în ultima perioadă, este chiar lipsa mijoacelor de semnalizare rutieră!

Sursa: Vox Publica

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