Jamaica
St Andrew businesswoman who hauled the Ministry of Health before the courts to seek a judicial review of its designation of the National Solid Waste Management Authority (NSWMA) as the only contractor authorised to collect ship or vessel waste, has been sent packing by the Supreme Court.
The court in refusing an order sought by the woman to quash that decision of the ministry in relation to the NSWMA, also shot down her bid to have the courts direct the health ministry to permit her to continue conducting her commercial venture of disposing of maritime waste.
Additionally, a September 2022 injunction granted by the courts which had forced the health ministry to permit the entrepreneur to continue her business of dumping maritime waste was also discharged by the court in the recent decision.
The court, in the ruling handed down at the end of July in relation to the orders sought by the businesswoman, said for it to “compel the [health minister] to permit the claimant to continue to conduct her business of disposal of maritime waste would be to interfere with the discretion of the decision maker”.
It said based on its analysis of the legal arguments presented by the businesswoman through her attorneys, she had failed “on a balance of probabilities to show that the decision was illegal”, hence the orders it made in refusing her claim.
Furthermore, the court found that the businesswoman had no contract with the ministry or the Government of Jamaica even though she is licensed under the Public Procurement Act and has been given a Public Procurement Commission Certificate of Registration and Classification for goods and services for garbage collection and disposal. The court, however, noted that while she can be included on the Government of Jamaica Approved Register in the category of transportation and haulage of – garbage collection and disposal, it was of the view that the certificate only places her in position to be considered in procurement exercises specifically related to transportation and haulage – garbage collection and disposal. It further noted that the certificate makes no reference to ship-generated waste or maritime waste.
The marketing and consultancy firm owned and operated by the woman focuses on waste disposal, specifically the collection and disposal of garbage and other waste from maritime vessels with the approval of the Port Health and Quarantine services (Port Health) which is operated by the Ministry of Health. The woman, who had been involved in the business since September 2021, was, however, advised by a client in October of the same year that based on an e-mail from the senior quarantine officer of Port Health, the NSWMA is the only authority authorised to collect maritime waste.
The woman, supposedly, a former NSWMA worker, following fruitless attempts to clarify this with Port Health and the Maritime Association of Jamaica, sought a judicial review of the decision and the orders of the court to force the entities to permit her to continue her business.
A Ministry of Health official, in countering the woman’s claims that it had acted illegally, said the ministry being responsible for monitoring the maintenance of proper health standards had vested the NSWMA as the sole collector of ship-generated waste.
more
Image: Prylarer (Pixabay)
Read more
Guyana
The Ministry of Public Works (MoPW) is set to approach the National Procurement and Tender Administration Board (NPTAB) to discuss blacklisting Trinidadian company, Kallco Guyana Inc, as a “non-performing contractor.”
“Basically, the end result will be that Kallco will have to be removed from these projects. We have to ensure we follow the terms and conditions of the contract and he will be deemed a non-performing contractor, and we will have to say to the tender board that he is a non-performing contractor and that he should not be given any work in Guyana”, Minister of Public Works, Juan Edghill told Stabroek News yesterday.
Kallco (Guyana) Inc was contracted to complete a sector of the East Coast Demerara Highway road project that will connect with Dennis Street in Georgetown.
The project which begins at the Conversation Tree corridor, is approximately 1.9 kilometres from the Rupert Craig Highway and will connect to Dennis Street. It will also be linked to Sheriff Street from the Dennis Street corridor
This project was split into two lots. Lot 8 A is being executed by S Jagmohan Construction and General Supplies Inc, to the tune of $1,066, 358,738, while Lot 8 B was awarded to a Trinidadian company, Kallco Guyana Inc, to the tune of $830,293,458. The project was awarded by NPTAB last year.
Since then, some 65 per cent of the contract time has elapsed with only approximately 25 per cent of the work completed. Coupled with that, residents have been complaining about stagnant water, which is breeding mosquitos, and the lack of access to their properties.
Due to the complaints and non-performance, MoPW had made the decision to have the company produce a proposal to the Ministry of Public Works detailing how it planned to complete the second leg of the project.
This came after officials from the company had met with the Minister of Public Works and other officials to discuss the way forward. This was merely a week after a letter of poor performance was issued to the company.
This project was split into two lots. Lot 8 A is being executed by S Jagmohan Construction and General Supplies Inc, to the tune of $1,066, 358,738, while Lot 8 B was awarded to a Trinidadian company, Kallco Guyana Inc, to the tune of $830,293,458. The project was awarded by NPTAB last year.
Since then, some 65 per cent of the contract time has elapsed with only approximately 25 per cent of the work completed. Coupled with that, residents have been complaining about stagnant water, which is breeding mosquitos, and the lack of access to their properties.
Due to the complaints and non-performance, MoPW had made the decision to have the company produce a proposal to the Ministry of Public Works detailing how it planned to complete the second leg of the project.
This came after officials from the company had met with the Minister of Public Works and other officials to discuss the way forward. This was merely a week after a letter of poor performance was issued to the company.
more
Image: Contract-agreement-signature
Read more
Guyana
FACING the possibility of being blacklisted in Guyana and removed from two ongoing projects there, the principals of Kallco are expected to meet with that country’s Public Works minister this afternoon.
Guyana’s Minister of Public Works Bishop Juan Edghill confirmed the meeting with the Express yesterday.
Attempts to contact Kallco’s managing director Arvin Kalloo for comment on the situation, however, proved futile yesterday.
In 2021 Kalloo signed a contract valued at over Guy$513.7 million for Kallco Guyana Incorporated to construct offices at the Cheddi Jagan International Airport (CJIA).
This is one of two projects that Kallco Guyana is currently involved in that Edghill said the company could possibly be removed from.
The meeting between Kallco’s principals and the ministry comes one week after Edghill told the Express that Kallco Guyana Incorporated is a “non-performing contractor” and should therefore not be permitted to do any more work in that country.
Edghill announced that he intended to take steps to ensure that is done, including having the contractor removed from ongoing projects.
However, Kallco’s attorneys said they believe Edghill’s words are “highly defamatory, not justified” and that this newspaper should be sued if it writes the story.
Kallco’s attorneys have denied the claims against the company.
This is the latest in an ongoing situation involving Kallco Guyana Incorporated and the Public Works Ministry, arising out of ongoing roadworks in Guyana.
It all began late last month when the Ministry of Public Works in Guyana, signalled its intention to issue letters of poor and non-performance to contractor Kallco Guyana Incorporated, accompanied by specific instructions to urgently address the issues pertaining to a billion-Guyanese dollar road improvement project on the East Coast Demerara Highway.
Tomorrow’s meeting, however, is not the first time that Kallco has tried to plead its case to the minister.
Kallco personnel were also summoned to the minister’s office, where they were ordered to submit a proposal outlining plans for completing the portion of billion-dollar roadworks project on time.
That document was eventually submitted.
“It is clear from what has been presented to us both in writing and in printed form that Kallco won’t be able to complete the project in the stipulated time,” Edghill told the Express during a WhatsApp call last week.
“And therefore we have deemed them a non-performing contractor,” he said.
Edghill said the ministry will be working to ensure it follows the terms and conditions of Kallco’s contract.
But “they should not be getting any other work”, he added.
The Ministry of Public Works is expected to approach the National Procurement and Tender Administration Board (NPTAB) to discuss blacklisting Kallco Guyana Inc as a “non-performing contractor”.
more
Image: pexels-fauxels
This is one of two projects that Kallco Guyana is currently involved in that Edghill said the company could possibly be removed from.
The meeting between Kallco’s principals and the ministry comes one week after Edghill told the Express that Kallco Guyana Incorporated is a “non-performing contractor” and should therefore not be permitted to do any more work in that country.
Edghill announced that he intended to take steps to ensure that is done, including having the contractor removed from ongoing projects.
However, Kallco’s attorneys said they believe Edghill’s words are “highly defamatory, not justified” and that this newspaper should be sued if it writes the story.
Kallco’s attorneys have denied the claims against the company.
This is the latest in an ongoing situation involving Kallco Guyana Incorporated and the Public Works Ministry, arising out of ongoing roadworks in Guyana.
It all began late last month when the Ministry of Public Works in Guyana, signalled its intention to issue letters of poor and non-performance to contractor Kallco Guyana Incorporated, accompanied by specific instructions to urgently address the issues pertaining to a billion-Guyanese dollar road improvement project on the East Coast Demerara Highway.
Tomorrow’s meeting, however, is not the first time that Kallco has tried to plead its case to the minister.
Kallco personnel were also summoned to the minister’s office, where they were ordered to submit a proposal outlining plans for completing the portion of billion-dollar roadworks project on time.
That document was eventually submitted.
“It is clear from what has been presented to us both in writing and in printed form that Kallco won’t be able to complete the project in the stipulated time,” Edghill told the Express during a WhatsApp call last week.
“And therefore we have deemed them a non-performing contractor,” he said.
Edghill said the ministry will be working to ensure it follows the terms and conditions of Kallco’s contract.
But “they should not be getting any other work”, he added.
The Ministry of Public Works is expected to approach the National Procurement and Tender Administration Board (NPTAB) to discuss blacklisting Kallco Guyana Inc as a “non-performing contractor”.
Last week in response to an attempt to get a comment on Edghill’s claims an e-mail from Kalloo’s attorneys Devesh Maharaj and Associates was received by the Express, titled “Proposed action for libel”.
It stated, “Our client’s principal was sent a WhatsApp message from your Mr Joel Julien, from the newspaper requesting that our client’s principal contact him about an ongoing situation with Kallco Guyana Inc.
“Counsel for Kallco, Mr Devesh Maharaj, was contacted by our client’s principal and our Mr Maharaj had a brief conversation with Mr Julien. Mr Julien informed Mr Maharaj that he had certain conversations with Minister Edghill concerning our client’s on-going works in Guyana. Further to this, Mr Julien stated that Mr Edghill made certain statements to him. These statements are highly defamatory and statements which our client denies and is of the opinion that if Mr Edghill made those statements he was not justified in so doing.
“We have taken the precaution of not reciting the statements that Mr Julien has made so as not to perpetuate the libel and we put you on notice that should those statements be published by Mr Julien, the newspaper or any of the arms of your news network, our client will immediately commence legal proceedings against you without delay for the obvious damage that these defamatory statements are likely to cause,” the legal letter added.
more
image: pexels-fauxels
Read more
Guyana
One week after the Minister of Public Works, Juan Edghill named Trinidad and Tobago company, Kallco as a ‘non-performing contractor’ due to the manner in which several projects are being carried out, its principals are to meet with him and other officials here shortly.
This was confirmed by Edghill when contacted yesterday by Stabroek News. He said that the principals are expected to be in Guyana during this week and a meeting is likely.
When asked what might be on the agenda, Edghill said that it was to discuss the projects undertaken by the company. About a week ago, Edghill said that the Ministry is set to approach the National Procurement and Tender Administration Board (NPTAB) on possibly blacklisting Kallco Guyana Inc from bidding for any further works in Guyana due to their history as a “non-performing contractor”.
He added: “Basically the end result will be that Kallco will have to be removed from these projects. We have to ensure we follow the terms and conditions of the contract and they will be deemed a non-performing contractor and we will have to say to the tender board that he is a nonperforming contractor and that he should not be given any work in Guyana”.
Stabroek News has been unable to speak to Kallco officials here on the project.
Kallco was contracted to complete a section of the East Coast Demerara Highway road project that is set to connect Dennis Street with the Conversation Tree corridor. It will also link to Sheriff Street from the Dennis Street corridor. The project was split into two lots. Lot 8 A of the project is being executed by S. Jagmohan Construction and General Supplies Inc., for $1,066, 358,738 while Lot 8 B was awarded to Kallco Guyana Inc., for $830,293,458. The project was awarded by NPTAB in 2022. Since then, 65 percent of the contract time has elapsed and only about 25 percent of the works have been completed. Coupled with that, residents have been complaining about stagnant water, which is breeding mosquitos and also access to their properties.
Due to the complaints and non-performance, the Ministry made a decision to have the company produce a proposal on how they intend to finish the project. This followed after officials from the company met with Edghill and other ministry officials to discuss the way forward. But just merely a week after, a letter of poor performance was issued to the company. A meeting was called and after the meeting, Edghill noted that a proposal is to be handed in within a few days. Edghill also explained that after the proposal is submitted a decision will be made.
A week after the proposal was received, Edghill said that the company did not have convincing details to show that they will be able to complete the work in time. He added that now his team will have to look for an alternative to finish the works, while also looking at the legal implications. When asked if the contract will go back to tender, Edghill explained that he cannot say at the moment, only after the clauses in the contract were looked at. Edghill said that as of now, the company has not been instructed to leave, but on the other hand, Kallco might also be losing the Cheddi Jagan International Airport (CJIA) contract for the construction of office spaces since the company is also non-performing there. When Stabroek News visited the Georgetown worksite yesterday, workers from Guyanese company S. Jagmohan Construction and General Supplies Inc., could be seen in full action, while at Kallco’s site, little movement could be seen.
more
Image: pexels-life-of-pix
Read more
Jamaica
Negril, Hanover – Minister of Education and Youth Fayval Williams has blamed red tape, and not a lack of funds, for the slow pace of repairs to school infrastructure.
“We are not short on the funds to do the work,” she said, eliciting sounds of surprise from teachers she was addressing during the Jamaica Teachers’ Association’s 59th annual conference on Wednesday.
“It takes too long for the building officer to visit,” Williams explained as educators responded with a round of applause.
“It is the truth. What we need is a more accelerated process. It takes too long for the building officer to come out and look and for design work to be done. And the tender work [has] to go out and come back and then it has to go to the next level and next level. That is what is holding up the process. It is not the money,” she reiterated.
Williams commiserated with school administrators who are faced with the challenge of faulty infrastructure and argued that principals should not be saddled with the responsibility of reporting on the state of physical structures. That information, she said, should be in the ministry’s database, easily accessible to officers so they can go out and help schools.
“The Orlando Patterson report is calling on us to significantly invest in the infrastructure of our schools and to ensure that technology is at our schools. That is to tell you the importance of having proper, fully functioning infrastructure in our schools,” said the minister, who noted that this is an important pillar of education transformation.
“We do not want classrooms in our schools in which roofs are leaking. They are infested with termites. The desks are breaking down. That is not what we want in the education sector and I am here to tell you that, that is not what we want to see,” she added before providing a breakdown of work to be done.
Under the 2023/2024 critical repairs and infrastructure maintenance programme, $440 million is allocated to fund critical repairs and maintenance activities in 125 schools across the seven regions.
In addition, $165 million has been budgeted to close out 23 contracts that were brought forward from last year. Also, $65 million is to be spent on maintenance and renovation projects in seven schools, while a total of $210 million has been set aside to carry out critical repairs in 95 schools for termite treatment, electrical repairs, and repairs to bathrooms and roofs.
Williams also said $244 million was provided for electrical upgrading projects to carry out precontract or contract activities in 47 schools, including Tarrant High, Priory Primary and Infant, and Holmwood Technical. Bids are also being invited for Little London and Savanna-la-Mar primary schools as well as McGrath, Alston, and Seaforth high schools to name a few.
In relation to the topical issue of safety and security in schools, the minister said $73 million was allocated to carry out precontract and contract activities related to the fencing of 56 schools.
She again pointed to the many steps involved.
“Here, again, you may think that it is easy to just come put in a fence at the school, but no, you have to go get a surveyor to make sure that the boundaries are good and proper and then we have to do the tendering process and so on,” stated Williams.
In relation to furniture for schools, she told educators that high schools should have by now received funding for the procurement of furniture based on needs. She said $97 million was disbursed. At the primary level, 1,400 pieces of student desks and chairs were dispatched to regions one, two, and four based on requests made and needs. Meanwhile, 74 pieces of desks and chairs for teachers were dispatched to Region Five and 3,800 pieces of furniture are scheduled for dispatch to other regions during August.
In terms of the repairing of furniture, under the ministry’s active repair programme 11 schools have been engaged to undertake this initiative. There is also an active programme for the creation of new desks and chairs for several schools. Williams said 16,000 pieces of furniture are being manufactured and are set for distribution by August 28.
more
Image: pexels-thisisengineering-3862384
Read more
