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The Department of Finance, specifically Alfonso Rossy, Assistant Secretary for Central Accounting of the Government, recommended the advance payment of $ 19 million to the company Apex General Contractors for the purchase of one million tests of COVID-19 for $ 38 million, after Adil Rosa Rivera, former Assistant Secretary of Administration of the Health Department will be contacted by phone to request the disbursement.
“(Rosa Rivera) Call to see how we can shake hands in the process,” Rossy said, referring to the call made on March 26. “As I worked with other purchases in Health …”, he added in the continuation of the public hearings of the Health Commission on multiple purchases made in the context of the COVID-19 emergency.
Following Rosa Rivera’s communication, of which there is no evidence, Rossy contacted Jeira Belén, assistant secretary of the Treasury, who processed the payment received by the company on or before noon on April 27.
Rossy, who insisted that the Treasury complied with all the rules and regulations applicable to the transaction, said she did not recall whether Belén presented any type of concern with the transaction.
Rossy justified agreeing to the payment by arguing that Rosa Rivera was authorized to make requests for advance payments by the Health Department, but acknowledged that, at that time, she was unaware that the agency authorized to make emergency purchases was, by virtue of a Declaration Office of Governor Wanda Vázquez, the Emergency Management and Disaster Management Bureau.
“I didn’t know that the purchase orders would come from NMEAD,” Rossy said.
The official justified that the advance payment to Apex be authorized, arguing that “in my opinion” the request for the advance met the requirements for this type of payment: that the product was in short supply, which was stipulated in the contract, which he called a ” commercial practice ”and that the bidder had requested the advance of 50%.
“We understood that you could go ahead,” said Rossy. “We were able to conclude that there was a paucity of evidence,” he said, referring to the March 26 transaction. By that time payments had been authorized for the purchase of evidence with other companies: 313 LLC and Maitland 175.
Rossy argued that the Health file for the purchase from Apex included a copy of an administrative order signed by the former Secretary of Health, Rafael Rodríguez Mercado, which indicated that all purchases, such as those for medications, reagents, tests and equipment of Personal protection would be done through Health. However, the president of the Health Commission, Juan Oscar Morales, led Rossy to recognize that the applicable Treasury regulations for advance payments do not give any weight to administrative orders like that.
“But before the executive order, the practices are modified,” Rossy insisted.
Was such an important transaction decided to make by phone call? For the payment of $ 19 million? Morales asked.
“That was so,” Rossy replied.
When asked questions, Rossy denied that the Secretary of the Treasury, Francisco Parés, was aware of the transaction of the advance payment to Apex. The cancellation of the payment to the company and the money refund process were done with the knowledge of Parés, he said.
“I understood that (the purchase) was what was necessary for the people of Puerto Rico,” Rossy said, defending the transaction.
At today’s hearing, it also emerged that Apex was not required to post a bond. According to Rossy, due to the quarantine there were no bail bonds companies available to do that job.
Rossy acknowledged, when asked by Morales, that this decision could have caused the money to be lost.
Other calls
Rossy indicated, on the other hand, that she got to receive a call on March 21 from the head of the Budget of the Department of Health Velmarie Martínez, to “guide” her on the process of payments in advance in the government for COVID tests purchases- 19 that you did not specify. Lillian Sánchez, undersecretary of the Interior; Mabel Cabeza, La Fortaleza liaison with the medical task force and the former Assistant Secretary for Health Administration, Adil Rosa Rivera.
At that time, Cabeza was already working in La Fortaleza after being removed from the Health Department.
For example, he mentioned inquiries about the company 313 LLC and the payment in advance that he received of 60% for the purchase, presumably at a premium, of COVID-19 evidence. This company is in a dispute with the Department of Health for the delivery of the same.
El Nuevo Día published today that the founding partner of 313 LLC, Ricardo Vázquez, acknowledged that the delivery of the tests was not made in the agreed time, but attributed the delay to the worldwide transportation problems generated by the pandemic, adding that they cannot be attributed to your company. In passing, he assured that the product has been on the island since April 18 and that they are available to be delivered to the Health Department.
Rossy could not specify, when asked by Morales, if she discussed with Cabeza, Sánchez, Rosa Rivera and Martínez an advance, also 60%, to the Castro Business company for the purchase of health equipment.
“They were guided through the process and told that they had to send the documents,” said Rossy.
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