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Govt’s no-objection role in state contracts should continue – PSC
As the debate continues about whether the Cabinet Ministers should continue holding the right to object to awarding of state contracts after the long-overdue Public Procurement Commission (PPC) has been made operational, at least one business body believes that the Government should have a say.
Attorney General,
Anil Nandlall
According to the Private Sector Commission (PSC), an objection can only be made if Cabinet believes that the procedures laid out in the Procurement Act were not adhered to. This is in the existing act already.
“Cabinet’s objection should be made to the Procurement Commission as an oversight and appellate body, who will then review the reasons for the objection and make a ruling.”
If the Procurement Commission disagrees with the grounds for objection and finds that the law was adhered to as per the Procurement Act, then permission will be granted to the National Tender Board to proceed with the awarding of the contract as recommended by them without referral back to the Cabinet.
According to the PSC, if the Procurement Commission agrees with the objection, then the matter is sent to the National Tender Board to remedy the shortcomings and send it back to Cabinet for a no objection.
PSC urged that once the Procurement Act is amended by parliament and assented by the President, the Procurement Commission should be installed with a level of urgency.
“Adequate funding should be provided to ensure that the Procurement Commission can carry out its function effectively.”
The issue has been a sore one between Government and the Opposition, with the latter feeling that the administration has been manipulating contract awards with power to object.
On Thursday, the National Assembly was debating amendments to the Procurement Act which would continue to allow Government to have a final say in a contract award.
According to Attorney General, Anil Nandlall, Government does not award contracts, rather this is left to the National Procurement and Tender Administration Board. When the Procurement Commission is appointed and up and running, entities or persons unhappy with the award of state contracts will be able to make complains to that body.
He denied that Government could in reality pick up the phone and direct that a contract be awarded to a particular person or entity.
The awards of contracts have been a sore issue with the administration time and again being accused of bribery.
On Thursday, the National Assembly voted to hold off debating the amendments for six months.
The Alliance For Change, the smaller of the two Opposition factions with seven seats, said that the vote to hold off deliberations would come with the understanding that the Public Procurement Commission is established soonest.
The business body has been meeting with AFC and A Partnership For National Unity this past week to seek to resolve any issue.
PSC has also called for the select committee meetings to be opened to the local press.
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