Guyana
More than 70 Lindeners on Thursday benefitted from a procurement training session facilitated by the Ministry of Public Works.
The training is in preparation for the slew of roadworks for Region Ten, set to go out to tender soon.
Two categories of roads are to be undertaken in the region; asphaltic concrete and concrete roads.
These works will be tendered through the restrictive tendering process, in keeping with the Procurement Act, and will ensure that contractors from the region are employed on the projects.
Many contractors present commended the government’s continued efforts to ensure that employment opportunities are extended to small local contractors.
Speaking to the Department of Public Information at the Watooka Guest House in Linden, Brian Mcrae, owner of JA Mcrae Construction and Auto Repairs, said the session is an important initiative in educating local contractors about the procurement process.
“There are quite a number of people who do not understand the procurement system and how to do tenders. So, this session will give them an idea of what they need to understand in order to be successful. The folks who are really interested in learning, this will greatly benefit them,” he said.
Mcrae added that the restrictive tendering process is a ‘blessing’, as it provides employment opportunities for Lindeners, and allows them to contribute to the development of their communities.
“That is a blessing because Linden has a history where a lot of people would not have the equipment or the knowledge, and they would not be able to get the work. So, this is a blessing, it will be a way to build up the smaller folks and give them an idea of how to better themselves,” he noted.
For Yannick Nedd, who is the owner of Energy Empire, these sensitisation sessions are crucial to ensure that all persons have an equal chance in the bidding process.
“I think it was a great meeting for Lindeners. It was a good highlight to let the people know the basic aspects of tendering. Simple things like being a minute late can cost you, and these are some of the key things they highlighted today,” he expressed.
“What you find most of the time is that we have situations where the big names keep popping up, and when a contract goes out for road in a community, these big contractors are there. Doing it this way is a great way to empower Lindeners, not only financially, but by giving them the experience and the knowledge, to get them in a position to become successful. So, we really appreciate this,” he added.
Violet Canes, owner of VK Building Constructions shared similar sentiments, “I think it’s great. I was thinking that for years, in every village there is a contractor or someone who does construction works, so it is a great help to have people in the village doing their own work, because they know what needs to be developed and where it is.”
Meanwhile, Cedric Peters shared that the training and the efforts being made by government to ensure that locals are employed on the projects within their communities are empowering.
Peters noted, “Contractors are guaranteed to have work to do in Linden. At least we will have something to put into our pockets.”
Similarly, Erold Roethof pointed out, “As new contractors, this is something that we have been looking for. The minister explained the different stages that the contracts have to go through before you can get it, this is something we appreciate. We are new, and we are learning, so it is a very good initiative, because a lot of sensitising is being done. Some of us never knew that we had to get these things before becoming a contractor, so this is a very good thing for the Lindeners, and there are a lot of contracts to come onboard, and this is a good way to start.”
Meanwhile, Minister of Public Works, Bishop Juan Edghill, said the session forms part of a three-pronged approach to development in the region by empowering local contractors, creating employment for people in the communities, and providing a more efficient way to execute the projects in the region.
“Whenever we are doing work within a particular community, we want to ensure that the work is given for people in that community to participate in that process. We want to ensure that we spread the work around, as wide as possible, and the intention is for us to ensure that this work is completed by the end of the year,” the minister stated.
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Saint Kitts and Nevis
St Kitts and Nevis: Prime Minister Dr Terrance Drew announced to roll out several capital projects in St Kitts and Nevis. The projects will be included the housing initiative, the new climate-smart hospital, and the construction of the new Basseterre High School.
Speaking during his “The Roundtable”, Prime Minister Dr Drew said that the rolling out of these projects will boost economic activity and continue public infrastructure upgrades in St Kitt and Nevis.
He took to social media and said, “There are several capital projects, including the housing project, the new climate-smart hospital, and the construction of the new Basseterre High School, that will be rolled out to further boost economic activity within the Federation and continue public infrastructure upgrades. ”
He said that the resurfacing of St. Peter’s main road and the construction of the new Basseterre High School are out for tender. PM Terrance Drew also shed light upon several developmental projects on which the work will be started in the short term.
The construction of the new smart hospital and road repairs within various communities will enhance the developmental work in St Kitts and Nevis.
PM Terrance Drew said that the government of St Kitts and Nevis is also preparing to work on the start of the housing project and upgrade work at the Conaree Playing Field.
The prime minister noted that the process to jump-start these projects was delayed as each project had to go through the Procurement Board.
“You will see a number of projects being rolled out over the next few weeks to get the economy going in terms of infrastructural developments,” Dr Drew indicated, noting that other sectors will be firing on all cylinders.
“So, we are going to have infrastructural development with tourism bouncing back, orange economy, agriculture, and so forth moving together at some point, building the foundation to take us forward,” the prime minister stated.
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Trinidad and Tobago
CARIBBEAN Airlines (CAL) will have to be exempt from the procurement regime or else it would not be able to operate.
So said Finance Minister Colm Imbert yesterday as he wound up the debate on the Public Procurement and Disposal of Public Property (Validation and Amendment) Act in the Senate. Imbert said he heard Independent Senator Dr Maria Dillon-Remy say that there would be few exemptions. “Sorry, not true,” he said.
“Prior to the proclamation of the Act, the Caribbean Airlines used a tendering process for all products or services, which required an investment of over US$100,000. Based on the Act many of our processes now require special guidelines, then senior management approval prior to submission and then approval by the OPR due to the specialised nature of our industry,” Imbert said,
Imbert said the areas that now require exemption include airport and aircraft leases, fuel contracts, aircraft maintenance and pilot training.
“Caribbean Airlines is now flying to all sorts of destinations, but because they are a public body, a wholly-owned State enterprise, subject to the Act, every one of these things, buying fuel, they land in Miami, they buy fuel; they land in New York, they buy fuel; they go to Toronto and they have to engage ground handling services, different suppliers in each destination for different things. According to the Act, every one of these things now has to be with a supplier that is registered with the procurement depository and pre-qualified and has gone through the tender process, the 20 days for bidding, and also the standstill period and so on. Obviously, we will have to do some sort of conditional exemption for Caribbean Airlines as it flies, otherwise, Caribbean Airlines will just stop flying,” he said.
Imbert said on July 13 he received a letter from Caribbean Airlines detailing its challenges with operating under the new procurement regime, which he read in the Upper House.
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Imbert said the areas that now require exemption include airport and aircraft leases, fuel contracts, aircraft maintenance and pilot training.
“Caribbean Airlines is now flying to all sorts of destinations, but because they are a public body, a wholly-owned State enterprise, subject to the Act, every one of these things, buying fuel, they land in Miami, they buy fuel; they land in New York, they buy fuel; they go to Toronto and they have to engage ground handling services, different suppliers in each destination for different things. According to the Act, every one of these things now has to be with a supplier that is registered with the procurement depository and pre-qualified and has gone through the tender process, the 20 days for bidding, and also the standstill period and so on. Obviously, we will have to do some sort of conditional exemption for Caribbean Airlines as it flies, otherwise, Caribbean Airlines will just stop flying,” he said.
Imbert said on July 13 he received a letter from Caribbean Airlines detailing its challenges with operating under the new procurement regime, which he read in the Upper House.
He said CAL gave some background which was that it had experienced an increased demand for air travel following the relaxation of border restrictions, leading the airline to urgently review and optimise its operating schedule resulting in an increasing call for CAL to expand its routes and frequency of flights to meet the demand of various territories.
CAL, he said, is acquiring three more wide-bodies aircraft, four more ATRs and three to four mid-range jets for interregional travel and it was also expanding the destinations that it plans to go to the upper Caribbean, British Virgin Islands and Central and South America and other destinations in North America.
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Guyana
The bipartisan parliamentary Public Accounts Committee on Monday said the Guyana Police Force breached the Procurement Act by paying all of the GY$123.344 million to the same supplier for four contracts within one month of the award although none of the items had been delivered.
“That was a breach of the Procurement Act. You can’t pay upfront all of the money,” government member of the PAC, Gail Teixeira remarked. She added that the law stipulates the percentage to be paid in advance, and in some instances, monies could be retained for defects liability.
The second breach, according to Ms Teixeira, was that the police force did not receive any supplies. “Having paid up all the money, the police had nothing to hold on to. They just had to wait until the supplier was able to deliver and that’s why you don’t pay all the money upfront,” she said.
The Permanent Secretary of the Ministry of Home Affairs, Mae Toussaint Jr. Thomas-Meerabux conceded that “it was a clear breach of the procurement system” and that was no longer being done. “The Act is honoured,” she remarked.
Assistant Commissioner Calvin Brutus, in responding to questions initiated by opposition PAC member Ganesh Mahipaul, told the committee that the contracts were awarded to M.S. Trading and the awards were made by cabinet. “The items were subsequently supplied. I think they had the issue of COVID which impacted shipping,” he said. However, Mr Mahipaul noted that COVID began in March, 2020.
Mr Mahipaul noted that the Auditor General’s report states that the contracts were awarded in December 2019 under several line items and the full contract sum was paid to the supplier on January 2 and January 6, 2020 “before any of the items were supplied in breach of the condition of the contracts.” Commenting on the transaction, the opposition lawmaker said 100 percent of the contract sum was paid but nothing was delivered. “This has nothing to do with cabinet or government. This has everything to do with facilitating the payment,” he said.
The Auditor General’s Report notes that the supplier failed to supply the items within the stipulated time. According to that document, up to October 5, 2020, items totalling GY$36.910 million were still outstanding. Further, at a meeting held on October 16, 2020, it was disclosed that the supplier had delivered additional items on those contracts and efforts had been made to have the supplier deliver the additional supplies, but audit checks on October 22, 2020 revealed that items totalling GY$22.193 million were still outstanding.
Auditor General Deodat Sharma told PAC that the latest update from State auditors was that all of the items had now been supplied, contrary to a three-month old statement that GY$22.193 million worth of items were yet to be supplied. The Permanent Secretary of the Ministry of Home Affairs told the PAC that a report would be provided to the Chairman of that accountability body in two weeks. Those items included office materials and supplies, janitorial cleaning supplies, electrical materials, and equipment maintenance materials.
The Auditor General was asked by the PAC to submit an updated reconciliation on that paragraph that deals with those supplier contracts that were awarded to M.S. Trading.
Government PAC member, Dharamkumar Seeraj said notwithstanding the Auditor General’s remark that the items were all supplied, the fact was that the Procurement Act was violated. “This clearly is a breach of the Procurement Act so I hope that the accounting officer/head of agency will make note and to avoid a reoccurrence,” he said
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Guyana
Amid criticisms of it, the Public Procurement Commission (PPC) is inviting persons aggrieved over the award of any government contract to lodge a formal complaint so as to trigger an administrative review.
“Dissatisfied with the rejection of your bid? Lodge a complaint for an administrative review,” a notice in the state-owned Sunday Chronicle said.
The PPC pointed out that this country’s procurement laws provide for a review by it, should the complainant make their dissatisfaction known though a formal process within a specified period.
“The Procurement Act, Cap73:05 provides that a bidder whose tender or proposal has been rejected may submit a written protest to the procuring entity,” the PPC explained,
“The protest must be submitted within five business days following the publication of the contract award decision. If the protest is not reviewed or the bidder is dissatisfied with the review, the bidder may submit a request for a review within three working days to the Public Procurement Commission. Decisions on the review are final and binding on the procuring entity,” the Commission also noted.
Meanwhile, in a separate notice in the Sunday Chronicle on the issue of Debarment of Suppliers or Contractors, the PPC said that it is mandated by law, Cap 73:05 of the Procurement Act to adjudicate proceedings to debar.
“A procuring entity or any other person may submit a proposal in writing to the Public Procurement Commission for the debarment of a supplier or contractor. A debarment period may be for a minimum of one (1) year but no more than 10 years,” the PPC stated.
On debarment, it pointed out that “a procuring entity shall not solicit or accept bids, proposals or quotations from a debarred supplier or contractor, nor consider bonds, proposals or quotations submitted by a debarred supplier or contractor prior to the debarment. A debarred contractor or supplier may apply to the PPC for a reduction in the duration of the debarment period or its termination. “
Facing criticisms that it was not discharging its functions, the PPC had on April 24 of this year said that several complaints before it were “under active consideration”. The statement had come on the heels of a blistering from the Alliance For Change (AFC) that the procurement body was not doing its work.
AFC Parliamentarian David Patterson had blasted the PPC for spending taxpayers’ money but not executing its constitutionally enshrined functions and addressing complaints. He also expressed bewilderment that the PPC was seeking legal advice on its functioning despite the fact that a previous commission operated under the current provisions.
Patterson had said on April 21st this year that complaints were raised on the award of the following:
– Eight contracts awarded to V. Dalip Enterprise, by the Regional Democratic Council, Region #9, totalling $106.8M. This contractor had been debarred by the PPC in November 2019 until December 2030. These awards were also flagged in the Auditor General’s report of 2021.
– A contract awarded to V. Dalip Enterprise for the four-lane Highway from Eccles to Great Diamond, by the Central Housing and Planning Authority, totalling $890M, this Contractor as mentioned before was previously debarred by the PPC.
– A contract awarded to St8ment Investment Inc. for the construction of the Bamia/Amelia’s Ward Primary School by the Ministry of Local Government and Regional Development. Patterson said that public records showed that this company was established only eight months prior to the award, bringing into question if the company would have met the technical criteria as set out in NPTAB’s Standard Bidding Docu-ments.
Patterson had also said that he had been unofficially informed that the commission, after being dissatisfied with internal legal advice, was in the process of seeking the following legal advice from external sources: – To determine if the commission can execute any of its functions listed in the Constitution, which is the supreme law of this country.
– To determine if the commission can carry out any investigation into any breaches which occurred before being sworn in, in July 2022.
– To determine, if only suppliers or contractors directly associated with a specific contract can request investigation not members of the public.
“This is a bizarre and unorthodox position since a Member of Parliament previously brought a complaint regarding the Demerara Harbour Bridge feasibility study, which the PPC investigated,” Patterson said.
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