All Govt Contracts Will Be Made Public
ALL government contract awards will be published online and in newspapers when a Public Procurement Bill being debated in the House of Assembly is passed and comes into force, Prime Minister Dr Hubert Minnis said yesterday.
The bill is among a compendium of finance bills that Dr Minnis said will boost transparency and accountability in government operations.
Public information about contracts “will state what the contract is for, who it was awarded to and the dollar value of the contract,” Dr Minnis said.
A report will also be published at the end of the fiscal year that will compile the information into a single document.
“This will help to address all the whispering, the rumours, and the political mischief that has gone on for decades in our country,” Dr Minnis added. “The citizens of The Bahamas will be able to see who is getting government contracts, for what purpose and in what amounts.”
Dr Minnis said under the bill, suppliers and contractors will be able to review the actions of procuring entities.
“In this vein, and for the first time, the bill provides for the establishment of a Procurement Review Tribunal, which will adjudicate disputes and complaints relating to government contracts, in accordance with the process established in the bill,” he said.
“Thus, if a bidder believes that he or she was wronged during the bid process, they now, for the first time, have a formal recourse. In other arrangements, the bill sets out the ground and procedure for the suspension and debarment of a bidder; provides for the proper keeping of records of the procurement and the management of the procurement contract; and provides for the Procurement Act to be reviewed every five years by a committee of both houses of Parliament appointed by the prime minister in consultation with the leader of the opposition.”
The government’s procurement process has long been criticised both locally and internationally.
In its 2020 investment climate statement on The Bahamas, the US State Department said this country lacks modern procurement legislation and that companies have complained that its tender process for public contracts is inconsistent.
“US firms have identified corruption as an obstacle to FDI and have reported perceived corruption in government procurement and in the FDI approvals process,” the report said.
The procurement bill maintains financial thresholds which will determine which entities are responsible for contract awards. Procurement units will be responsible for decisions involving contracts that do not exceed $250,000.
Internal tender committees will be responsible for contracts worth more than $50,000 but less than $250,000, subject to approval from the minister responsible for the procuring entity. The tender’s committee will make recommendations to the tenders board with respect to contracts valued above $250,000.
A newly established Public Procurement Board will award contracts valued above $250,000 but below $1m. The prime minister will appoint the chairperson of the board.
For contracts worth more than $1m, the board will be required to make a recommendation to Cabinet.
“Where the recommendation is not approved by Cabinet, the Cabinet may refer the matter back to the board for further advice or direct that a new procurement exercise is conducted,” Dr Minnis said.
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