Saint Lucia
- ST. LUCIA-TRADE-St. Lucia signals intention to join PJCPP
St. Lucia has signalled its interest in signing the protocol governing public procurement in the Caribbean Community (CARICOM) Single Market and Economy (CSME).
The CSME allows for the free movement of services, goods, skills and labour across the majority of the 15-member regional integration movement.
Earlier this month, Castries hosted the second meeting of the CARICOM Permanent Joint Council on Public Procurement (PJCPP) and a statement posted on the St. Lucia government website Monday, said while the island “has not yet signed the protocol, it participated as an observer during the meeting, signaling its interest and commitment to the deliberations”.
Director of the Barbados-based CARICOM Single Market and Economy (CSME) Unit, Titus Preville, a former senior St. Lucia public servant, during the meeting highlighted the significance of the PJCPP, noting that it would focus on adopting its rules of procedure. Additionally, the meeting aimed to approve proposals encompassing rules, guidelines, norms, and standards outlined in the protocol for administering public procurement.
Furthermore, the PJCPP intended to scrutinize its work programme for the period spanning 2024 to 2026, along with proposals for integrating E-Procurement into the Community Public Procurement Notice Board.
Preville said at the moment seven member states Antigua and Barbuda, Barbados, Belize, Dominica, St. Kitts and Nevis, St. Vincent and the Grenadines and Suriname have signed the protocol on public procurement and the declaration to provisionally apply the protocol since it was approved by the Conference of Heads of Government in St. Kitts and Nevis in 2019.
“Of the seven Barbados and Belize have moved to ratify the protocol. In keeping therefore with article 36 of the protocol, once at least five member states have signed the protocol and the declaration to provisionally apply the protocol, the protocol is determined to be provisionally applied among these parties.
As a consequence of that provisional application of the protocol, under article 30 of the protocol the permanent joint council can be established,” he added.
Permanent Secretary in the Department of Finance, Francis Fontenelle, acknowledged that while St. Lucia has not yet signed the protocol, the country has made significant strides in modernizing its procurement reform processes.
He said the island has introduced a new Public Procurement Act and accompanying regulations, as well as standardized tender documents to streamline compliance. Additionally, an E-Procurement Platform has been implemented to enhance accessibility, record-keeping, and reporting, aligning with parallel efforts within the CSME.
“We are very grateful that we are afforded observer status to the functioning of the Permanent Joint Council. This affords us insight into the direction in which the concept of regionally integrated public procurement is headed. We wish to recognize the contributions made by the CARICOM Secretariat and by the CSME Unit to the development of public procurement in the region.”
The Permanent Joint Council, consisting of senior trade and public procurement specialists from member states, is tasked with implementing the provisions outlined in the community protocol on public procurement.
This council holds the responsibility for overseeing the execution of the protocol’s mandates and regularly reports to the Council for Trade and Economic Development (COTED) on the protocol’s performance.
“Now is the time for the remaining CARICOM, CSME member states to sign the protocol and be part of the design of the framework of what will govern the parties to the protocol in the future,” said Preville.
Fontenelle said St. Lucia will continue to pursue some internal steps to ensure that the policies are “sufficiently understood and accepted prior to assimilation into our policy framework.
“In essence, we want all concerned parties to be comfortable that this is acceptable to us and that it is not being adopted solely to meet an external requirement,” Fontenelle said.
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Jamaica
Trelawny Northern MP says procurement process stalling rehabilitative works
TOVA HAMILTON, member of parliament for Trelawny Northern, is appealing for her constituents’ patience as she battles with the lengthy procurement process to address deteriorated roadways in her constituency.
Hamilton, while responding to queries from The Gleaner, shared that she has been pushing for the commencement of major road rehabilitation projects in the constituency. However, she further explained that with the lengthy procurement process in place by the Government, these projects are still in the pipeline as the National Works Agency (NWA) is yet to award the contracts.
“Hopefully, they can be a little patient with me because I have to go through processes just the same and it’s not as though I can just execute a project on my own. I don’t get the resources to do it, so I have to go to the agencies that have the resources.”
According to Hamilton, motorists traversing the Duncans to Clark’s Town main road should expect better road conditions once the proposed project is completed. She told The Gleaner that approximately $20 million has been allocated for the project and the procurement process was initiated last year.
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Guyana
Chairman of the NPTAB, Tarachand Balgobind said on Wednesday that he has acknowledged the criticisms of the Public Procurement Commission (PPC) in its summary of findings regarding the tender board’s timely submission of documents and is working to acquire a robust “electronic records” management system.
As in the case of the awarded $865 million contract for the pump station at Belle Vue (West Coast Demerara) to inexperienced company Tepui Group Inc. R Kissoon complained to the PPC on January 24, 2023 that its bids for the maintenance and servicing of drainage and irrigation pumps were unsuccessful even though they were the lowest for two lots and met all of the requirements. The NPTAB did not supply documents as requested or did so very late.
Balgobind when contacted by Stabroek News said the NPTAB is working with the Inter-American Development Bank (IDB) to procure an advanced and reliable electronic system where information can be disseminated expeditiously.
He said the NPTAB welcomed the PPC’s review of the awarding of a contract for the construction of the pump station at Belle Vue, West Bank Demerara, Region 3, and the report issued on 16th April 2024.
The Chairman referred this newspaper to a statement following the release of the PPC’s Summary of Findings on the award of a pump station contract to Tepui Inc
The NPTAB remains fully committed to working closely with its evaluation committees to ensure scrutiny of bids and strict adherence to the evaluation criteria. Moreover, the NPTAB reiterates the importance of procurement entities drafting evaluation criteria that clearly outline all relevant issues for evaluators to analyze and make recommendations”, the release said.
“NPTAB also notes the need to eliminate inconsistencies, where they exist, in the instructions to bidders. This recommendation is aligned with ongoing reforms being undertaken currently and will be implemented through
collaboration with the PPC to strengthen bidding documents, particularly when tenders are advertised in lots. Additionally, the NPTAB has commenced two consultancies to strengthen records management and develop a public procurement management system. Both will introduce information technology solutions to current processes and procedures and pave the way for a robust e-procurement system”, the statement said.
On Wednesday this newspaper reported that it took eight months for the PPC to throw out a complaint by R Kissoon Contracting Services over a bid for D&I pumps but more irregularities have surfaced in the tendering system including errors by the evaluation committee and the signing of the disputed contract on January 1st 2023, a national holiday.
The PPC discovered based on the documents submitted to it that the Evaluation Committee of the NPTAB said R Kissoon was non-responsive on three of the criteria and its bids were therefore thrown out. However, the PPC found that R Kissoon could possibly only have been deemed non responsive in relation to one guideline and had actually complied with the other two.
This discovery will raise further questions about the arbitrary conduct of the evaluation committees of the NPTAB and how certain contractors could be favoured over others. Despite having failed several guidelines, including the requirement to have previously built a pump station, the evaluation committee admitted the bid of Tepui Inc as responsive. Tepui was later awarded the contract and this has triggered a major controversy.
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Bahamas
The Bahamas’ education system is to undergo a significant transformation through the USD43 million Bahamas Education Sector Transformation (BEST) project launched by the Caribbean Development Bank (CDB) and the Government of The Commonwealth of the Bahamas at the Grand Lucayan Resort Convention Centre in Grand Bahama on Monday, May 6, 2024.
Funding will go towards constructing a new state-of-the-art comprehensive school in East Grand Bahama and rehabilitating and retrofitting two primary schools damaged by Hurricane Dorian in 2019.
Since the hurricane, students in East Grand Bahama have faced commutes of up to 100 kilometres. The COVID-19 pandemic further disrupted the local education system, causing learning losses and exacerbating existing inequities in access to technology. The new and refurbished climate-resilient schools will be designed to improve student achievement, increase access and completion rates, and enhance community life.
The BEST project goes beyond building schools. The Ministry of Education will also benefit from enhanced data accessibility and information technology processes, and improved staff recruitment and development programmes.
CDB Acting Vice President, Operations, Mrs. Therese Turner-Jones, said the project will uplift the learning environment, improve teaching methods, and strengthen the education system’s governance.
“The CDB is proud of its partnership with The Bahamas. Education is key to making sure all Bahamians have a better than fighting chance of competing in the global labour market. No child, whether he or she is on Sweeting Cay, High Rock, West End, or Freeport should be deprived of learning. Education is the single most important investment a government can provide to its population. No one should be left behind. This means including special needs in the education strategy, making use of technology, and ensuring that teachers are equipped to do their jobs,” Mrs. Turner-Jones said.
“The Bahamas has special challenges in that the population is spread across many islands with small populations. This requires additional resources to cope with the needs of children in remote areas who are entitled to good education. We are here to help the Ministry of Education work through these problems and arrive at ways to resolve them in the interests of giving every child a chance,” Mrs Turner-Jones added.
Prime Minister of the Bahamas, Hon. Philip Davis, said the BEST project would help to make the Bahamian education system more inclusive, resilient and gender-responsive.
“By investing in infrastructure, curriculum development, teacher training and technological innovation, we will create an environment where every learner can thrive and reach their full potential. BEST is an investment in quality education for all learners,” Prime Minister Davis said.
The BEST project launch is among a series of activities being carried out by a CDB team currently on mission in the Bahamas. During the visit, the Bank representatives will also visit sites of ongoing interventions including the Bahamas Technical and Vocational Institute (BTVI) Enhancement Project and the Bahamas Water Supply Improvement Project. Additionally, the CBD team will meet with officials to discuss future support for Skills Development and Technical and Vocational Education programmes to enhance employability and workforce readiness in The Bahamas.
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Guyana
The Public Procurement Commission (PPC) last December rejected a complaint by a bidder over the award of a project for the extension of the Fort Wellington Secondary School but the procuring entity, the Ministry of Local Government never provided any of the requested information for the investigation.
Bickram Motiram trading as Motiram Construction wrote a letter of complaint dated September 1, 2003 which was received by the PPC on September 6, 2003.
According to the PPC’s Summary of Findings dated December 29, 2023, Motiram alleged that at the tender opening, his bid was the lowest and that he had fulfilled all administrative requirements. He further submitted that he was “a well rounded and seasoned contractor with vast experience and resources which were all demonstrated and attached with [his] bid document.”
Motiram further acknowledged in the letter that he was cognizant that the National Procurement and Tender Administration Board (NPTAB) does not always award the lowest bidder but expressed frustration that his bid was overlooked for a higher bid and requested the reasons for this.
The commission said it reviewed the tender proceedings to determine whether there was any irregularity in the award of the tender.
In accordance with Article 212DD of the constitution, the commission on September 13, 2023, requested that the NPTAB submit to the commission within five days –
i. a copy of the record of the tender proceedings, including the Evaluation Report;
ii. confirmation as to whether the tender was awarded and if so, the date of publication on NPTAB’s website in accordance with S. 11 of the Procure-ment Act. If awarded but not published, the reason for not so doing;
iii. whether a copy of the Evaluation Report had been sent to the procuring entity for compliance with S. 39(3) of the Procurement Act, Cap. 73:05.
The Ministry of Local Government & Regional Development was similarly asked to submit-
i. a copy of the tender proceedings and Evaluation Report. If not in the possession of the procuring entity, why not.
ii. whether the procuring entity complied with S. 39(3) of the Pro-curement Act, Cap. 73:05, and it not, why not;\
iii. confirmation as to whether the tender has been awarded;
iv. if the tender has been awarded, confirmation as to whether the contract had been entered into and if so, a copy thereof;
v. if the contract had been entered into, confirmation of whether the tender award decision was published on NPTAB’s website prior to entry into the contract;
vi. confirmation as to whether any work had commenced on the subject tender.
“The commission did not receive a response from the procuring entity whether within the requested timeline or at all”, the PPC said. In previous investigations, the PPC has complained about receiving incomplete information or receiving a response very late. In this case nothing came from the ministry
On or about November 10, 2023, almost two months after the commission’s request, the PPC said that it received a copy of the tender proceedings including the Evaluation Report from NPTAB. The commission did not receive a response from NPTAB to the other requests.
In its examination, the PPC said that the bids for the tender were opened at the office of the NPTAB on June 27, 2023. Twentythree bids were received of which five were deemed responsive. The Engineer’s Estimate was given as $23,209,723 and the contract was awarded to Safraz Construction & Supplies which was deemed the lowest evaluated tenderer at $20,416,000.
While Motiram’s bid was the lowest submitted at $19,386,930, the PPC said that the Report of the Evaluation Committee disclosed that the bid was deemed non-responsive for not being compliant with two of the seventeen evaluation criteria:
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