The Execution Unit for Financing in Favor of Fragile States (CFEF), the Government’s implementing agency for the implementation of PDL-145T in Maï-Ndombe Province, was shocked to learn through the press about a complaint filed by a lawyer claiming to be the Counsel for the company ASCAT Sarl. The CFEF believes that this action is a diversion aimed at discrediting PDL-145T, the agency, and sabotaging efforts to restart and complete the projects in the Province.
Clarifications on Contracts and Progress
Following a transparent and competitive process, the CFEF signed four contracts with the Solidarity Business Group ASCAT Sarl SPPE Sarl on October 25, 2022. These contracts involve the construction and equipping of 65 structures, including 37 primary schools, 24 health centers, and 4 administrative buildings, spread across Inongo, Kutu, Mushie, and Yumbi Territories in Maï-Ndombe Province. However, almost two years into the project, only one out of the 65 planned structures, specifically Tolo 1 Primary School in Kutu, has been temporarily accepted. Financially, as of December 31, 2024, the outstanding balance of advance payments amounted to $3,012,173.00, a sum not justified by work records and not covered by a bank guarantee, in breach of contractual provisions. A recent justification for a total of $362,868.62 was submitted, reducing the total amount to be justified to $2,649,304.38.
Suspension of Payments and Regulatory Measures
Due to the disparity between physical and financial progress, halting of work on most sites, and accumulation of debts by the Group, the Contracting Authority had to suspend all payments until full fund justification and implement coercive measures for controlled management of the Works Contracts, in accordance with contractual clauses. In a letter dated April 5, 2025, the Vice-Prime Minister, Minister of the Interior, Security, Decentralization, and Customary Affairs instructed all security services to support the proper implementation of this measure. In line with this decision and based on their experience and local presence, the Inongo Diocese was appointed as the overseer responsible for supervising work execution. Following assessments by the overseer, an operational action plan was submitted to the CFEF on May 3, 2025. The plan was sent to the ASCAT Sarl-SPPE Sard group on May 15, 2025, for review after the control mission.
Challenges and Way Forward
In a surprising turn of events, ASCAT Sarl, diverging from the other group member and violating the consortium agreement, opted for legal action bordering on defamation instead of presenting technical arguments to the overseer. An insolvent party should focus on settling debts rather than resorting to delaying tactics. The CFEF remains committed to completing the projects under controlled management through appointed overseers to deliver the promised infrastructure to the population as per the President’s directive. ASCAT Sarl is reminded that any hindrance to this decision will prompt immediate contract termination proceedings and the recovery of owed amounts related to public contracts.
