Trinidad and tobago
Khan made the comment in an exclusive interview with Guardian Media at her Port-of-Spain office yesterday.
“We received complaints, we have received just over 60. We go through a process of screening and assessing what is told to us to move forward. You don’t want the platform to be used as a tool for victimising people,” Khan said.
“Right now we have seven active cases, we have closed 53 of them. We have eight matters that we are investigating that are awaiting information.”
She said while only a fraction of complaints made via the whistleblowing platform are now being investigated, she remained concerned about the country’s procurement practices.
Khan described some of the complaints raised by the redress mechanisms as shocking.
“Reports of corruption, reports of bid rigging come through, reports of taking bribes, persons taking bribes from contractors and suppliers. If you keep getting reports on a particular entity or person, that may cause the OPR to stop and say we need to take a closer look at this,” Khan revealed.
“I became surprised when I learnt of the allegations. Irregularities in procurement proceedings is another one that comes up often. Those we are able to assess and see if there are breaches of the act and then we have the option to audit or go to an investigation. We have taken the route of going to investigations but very soon we will be embarking on the audit programme as well.”
Khan said as public confidence in the OPR develops, she expects more to come forward.
“In the case of government ministries, what you see a lot of is, because the level of understanding is not where it should be and knowledge of the act, I think it is more the supporting agencies. Among all public bodies, what you have is a situation where we have assessed the public bodies, which ones deal with high-risk, high-value procurements, because that is where we need to focus our efforts in terms of scrutinising what they do, right now, we just trying to get people to report and report accurately.”
Khan also flagged government ministries, two of which had failed to provide a history of their contract reporting over the last year. The Ministry of National Security was among the offenders.
“It is concerning, the issue of transparency and accountability, those are objects of the act. The act requires that we present the data so the public can scrutinise how public monies have been spent. It is not for the OPR’s benefit, it is for the Parliament and the public by extension, that is what is concerning.”
However, Khan said she was optimistic of a shift from an over reliance on non-competitive procurement practices, or what is also known as sole source procurement, whereby only one supplier provides a commodity or service.
“We are unlearning the old, I think it will change. A lot of people tell me what the act has in it and the regulations, it is too onerous. I want to say it should never be too onerous to do the right thing.”
The Public Procurement and Disposal of Property Act was fully proclaimed on April 26, 2023. It caused the repeal of the Central Tenders Board Act, which had led to a plethora of issues such as accountability and transparency; long end-to-end timelines, and an extremely complex public procurement process within the government and public bodies.
The current act is aimed at reforming the procurement laws of T&T, in keeping with the principles of good governance, such as accountability, transparency, integrity and value for money.
On Monday, the report on the performance of the independent body under the act was laid in Parliament.
In it, Khan noted that “while the transition to the new regime was never expected to be seamless, the last year has shown that public bodies were not adequately equipped to take the reins of these new regulatory mechanisms.”
Khan explained that the transition to the new regime has seen an unsatisfactory level of compliance by public bodies to the legislation.
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Guyana
More than a month later, the Public Procurement Commission (PPC) is still to be updated by the National Drainage and Irrigation Authority (NDIA) on the progress of the Belle Vue pump station which was controversially awarded to Tepui Inc.
A visit by the Sunday Stabroek to the site yesterday showed that very little work had been done since construction began on the $865m project at the end of January this year.
After the PPC had told the Sunday Stabroek in July this year that it had not been given any updates on the progress of the project, Minister of Agriculture, Zulfikar Mustapha met with Lionel Wordsworth, Chairman of the NDIA on the matter. Wordsworth informed the Sunday Stabroek yesterday that the agency is “currently working on” providing the necessary documents to the procurement commission, with further updates expected by tomorrow.
During a site visit to the Belle Vue pump station yesterday, construction work was observed but with only one excavator in operation at the time. A source reported that despite progress the project faces delays due to factors beyond the company’s control, including a shortage of labour amid a construction boom, fuel supply issues and the challenging soft terrain affecting equipment performance. The source cited a recent incident where an excavator became stuck on site and was only removed after a few days due to the softness of the ground.
Mustapha had assured the Sunday Stabroek last month that he would meet with the NDIA team to ensure that all required documents are submitted to the procurement commission. Information to the PPC is important as in an investigation of a complaint by APNU+AFC MP David Patterson, the procurement commission had expressly said that there should be careful monitoring of the project with a view to termination if necessary.
Recommendation VII in the PPC’s report of April 16, 2024 on Patterson’s complaint stated: “VII. The contract for the subject tender having been entered into, it is recommended that the procuring entity strictly monitor the performance of the contract and if the awarded bidder TEPUI is found in breach, that the necessary steps, including termination if considered to be prudent, be taken to ensure that value for money is achieved. In light of NPTAB’s disclosure as to the other three (3) pump stations, to wit, ‘Jimbo, Meten Meer Zorg and (Pouderoyen)’ which were advertised and evaluated at the same time as the subject tender herein, Belle Vue, also `lacked prior experience specifically in pump station construction’ but were deemed to have `had completed a project of a similar nature’ and therefore the `same leniency was applied’, the recommendation herein also applies to those pump stations. The commission pursuant to its constitutional mandate, functions and powers shall exercise oversight in this regard”.
The award of a pump station contract to the unqualified Tepui, whose principal, Mikhail Rodrigues is known to have close connections with Vice President Bharrat Jagdeo and other members of the PPP/C administration sparked a furore and the complaint by Patterson.
Six months
More than six months after the complaint was lodged by Patterson, the procurement commission found major breaches in the evaluation process but said it could do nothing about it as a contract had already been concluded.
The PPC said “…on the entry into a contract, privity of contract issues arise. There is nothing within the statutory framework which permits the commission to revoke, rescind, recall and or in any way alter, suspend or stop the contract once entered”.
The award of the $865m Belle Vue Pump Station to Tepui Inc had raised questions from the outset as its key principal, Rodrigues was not involved in construction.
In its 35-page summary of April 16, 2024, the PPC elicited answers from the NPTAB – whose evaluation committee made the choice of Tepui – and the procuring agency, the NDIA. Not only were both tardy in answering the PPC, they only provided some of the documents requested.
Tepui was required to have had the experience of having completed one project of a similar nature within the past five years. Similar projects “shall include pump stations, sluices and drainage structures”. Having been incorporated less than a year before, Tepui did not have these qualifications, yet the evaluation committee of the NPTAB found its bid to be responsive.
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Caribbean
The Caribbean Development Bank (CDB, the Bank) in partnership with the Organisation of Eastern Caribbean States Commission (OECS) and the World Bank hosted a two-day event for regional businesses to take full advantage of procurement opportunities offered by their projects.
The initiative, called the CDB, OECS, WB Procurement Fair, took place in Saint Lucia on September 4-5. It brought together over 600 suppliers, contractors, and consultants to provide them with useful information and tools to submit successful bids for projects funded by these organisations.
Doug Fraser, the Head of Procurement at CDB, emphasised the importance of the collaboration, “The Bank recognises the crucial role that the private sector plays in providing goods, works and services to the projects we finance to help our clients to achieve their development outcomes… Without suppliers, contractors and consultants none of our projects would be possible. Our engagement here with the private and public sector provides solutions and innovations that are key to driving Caribbean economic development and reducing poverty.”
Government procurement plays a significant role in the Caribbean economy, accounting for a large part of the region’s Gross Domestic Product (GDP). Improving procurement processes can help make better use of limited resources, stimulate private sector growth, and support the development of stronger, more inclusive economies.
Remarking on the value procurement can add to local economies, Lilia Burunciuc, World Bank Director for the Caribbean said, “In the OECS, the World Bank finances projects totaling US$75M. Each project presents opportunities for local vendors, and we are pleased to build capacity – with the Caribbean Development Bank and the OECS Commission as partners – among the private sector, such that they can increasingly take advantage of these opportunities.”
The event not only provided valuable information to potential contractors but also aimed to ensure that procurement for the CDB’s projects is done efficiently. By familiarising bidders with the requirements and processes of the financing agency, the event helped increase their chances of success. In 2023 alone, the CDB awarded over USD 170 million in contracts for various projects, offering significant opportunities for Caribbean suppliers.
Other speakers at the event included Roselyn Opel, Head of Pooled Procurement Services at the OECS Commission, and Luciano Gutierres Wuerzius, Procurement Specialist at the World Bank, along with project leaders from different sectors such as Energy, Environment, Youth, Health, Education, and Infrastructure.
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Trinidad and Tobago
Opposition MP Davendranath Tancoo has challenged the Government on its spending, claiming that in its almost ten years in office million-dollar contracts were being awarded to contractors without accountability.
Referring to the 472-page Procurement Regulator Report which was laid in Parliament last week, Tancoo said the Government needs to say how contracts valued at just about $5 billion were awarded by government institutions.
Speaking yesterday at the United National Congress (UNC) weekly media briefing, the Oropouche West MP and Opposition shadow minister for finance said the figure represented 10% of the annual budget for the whole country.
“The Regulator reported that some of the practices observed included the inappropriate and unjustified use of limited and non-competitive procurement methods. Further it was found that single and sole source methods were frequently used, indicating a refusal to follow fair, transparent and fully accountable and openly competitive process,” he said.
Tancoo called on the Government to explain why government agencies were not providing required information about contracts being awarded by them, although this was a requirement of Section 37 of the Procurement Act.
“In other words, more than half of the contracts awarded in this one year by the PNM Government through State boards and statutory bodies were in violation of the Procurement Act,” he alleged.
A country run
by criminals
Tancoo said while taxpayers’ dollars were being spent on these contracts, citizens were being denied proper services.
“Today we have a fire service with 2,000 active firemen having to share ten breathing apparatus amongst themselves in case of a fire. So 200 men have to use one breathing apparatus. So what will happen in a fire? Think of the idiocy of the situation, and the danger to fire officers. Today we have a police service which is short-staffed, lacking vehicles, bulletproof vests, computers, even furniture and basic stationery in stations. The prison service is similarly compromised because they too are severely underfunded. Our coast guard has been crippled by the absence of working vessels,” he said.
Tancoo asked the Government to take a serious look at how their mismanagement of the funding has been affecting citizens.
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Guyana
Several members of the Guyana Police Force are participating in a two-day procurement training exercise conducted by the Public Procurement Commission (PPC).
The training began yesterday at the Officers’ Training Centre, Camp Road.
Head of the Guyana Police Force’s Strategic Planning Unit, Assistant Commissioner Khali Pareshram; Head of the Transport Workshop, Senior Superintendent Himnauth Sawh; Finance Officer, Superintendent Bharrat Persaud along with Dwight Dodson (Head of Operations, PPC) and several other personnel from the Public Procurement Commission were present at the opening of the two-day programme.
Finance Officer, Superintendent Persaud, during brief remarks noted that the training programme caters for members of the Guyana Police Force who are stationed within the various Regional Divisions and are responsible for procurement.
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