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Jan 15, 2014 News
Government did not adhere to the Procurement Act when it awarded a $439M Public Works contract without following the public tendering process stipulated in the Act.
This view was expressed by Anand Goolsarran, former Auditor General, who explained that Cabinet’s role in the procurement of goods and services is restricted to its no-objection to the award of contracts valuing over $15 million. The Procurement Act does not have any provision for Cabinet to award a contract.
As such, Goolsarran believes that the joint Opposition – A Partnership for National Unity and Alliance For Change – should insist that the contract for a section on the East Coast Demerara Public Road four-lane expansion be revisited with a view to ensuring that the correct procedures are followed.
On Monday, Kaieteur News published that Government, without going to the National Procurement and Tender Administration Board (NPTAB), awarded a contract for over $300M to Colin Talbot Contracting Service from De Endragt to Good Hope. The contractor is already executing works from Mon Repos to De Endragt.
This is not the first time the Ministry of Public Works awarded a multimillion dollar contract without going to tender. In 2012, under this project in Lot One, from Better Hope to Montrose, the Ministry terminated Falcon Transportation and Construction Services’ contract. Without going to tender, the Ministry gave a modified contract to Dipcon Engineering Services.
According to Goolsarran, the Opposition should deal with this matter expeditiously before Government agencies usurp the function of the NPTAB. He stressed that it is the NPTAB and its evaluation committees that are responsible for determining who gets a contract, and not a Ministry or Department, with Cabinet offering no objection if all the procedures are followed. Cabinet cannot object to the award of a contract on any other ground.
Even with criticisms of Guyana not having a Public Procurement Commission and perception of rampant corruption, Government had always maintained it has one of the most progressive procurement procedures. However, according to Goolsarran, the Minister of Finance appoints all seven members of the NPTAB, who also report to the Minister. The Minister is also a key member of Cabinet which offers no objections to the award of contracts. It is not publicly known if Cabinet objected to the award of a contract. To do so, Cabinet would in effect be calling into question the work of the Minister. This is one of the flaws in our procurement legislation, which needs to be corrected, Goolsarran concluded.
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