PHARMARIS Peru S.A.C. is a leading company in the Peruvian market dedicated to the sale of pharmaceutical products to public and private entities. The company PHARMARIS PERU S.A.C. was advised in the submission of an appeal against the award, in favor of the company EXCELLAN PERU S.A.C., of the Electronic Reverse Auction No. 13-2021-INSNSB convened by the National Institute of Children’s Health-San Borja, for the acquisition of certain pharmaceutical products for the amount of US$ 228,800. The case was extremely complex because the company PHARMARIS PERU sought to demonstrate that the winning company was a front company of a company sanctioned to contract with the State. Without prejudice to this, in the appeal filed and at the different stages of the procedure, we were able to demonstrate to the Court that there were objective facts that allowed to prove the representation and continuity of the business of the sanctioned company through the winning company. This determined that the Court accepts the questions that have been submitted and, at the same time determines, with additional information, that the winning company of the process began to contract with the State since the disqualification of the sanctioned. In view of this, the evidence of the indirect contract carried out by the company sanctioned with the Peruvian State came to light and allowed the Court to conclude the existence of a representation through the form of front man in the current case, a situation that was difficult to conclude, since the analysis required a special interpretation of the rule, with the purpose of preventing the sanctioned company from circumventing the legal provisions provided for in the Law on State Procurement. The result obtained was outstanding, since the chances of achieving it were very complex, due to the difficulty of the case and the lack of jurisprudence in the Court regarding the adoption of similar decisions. We made a joint strategy between the two lawyers in charge of the case, of their presentation and development of arguments and foundations, in the oral report before the Court, including a long round of questions by the magistrates who were acquitted with such clarity that it was achieved that they became aware of the corporate strategy of the counterparty to circumvent the sanction of disqualification of which the sanctioned company had been subjected. Consequently, the appeal was declared well founded, the good pro was withdrawn from the winning company and it was decided to convene a new procedure, determining that a sanctioning procedure be initiated against the initially winning company.
