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Procurement Commission can review objections by Cabinet – Nandlall

Mar 05, 2014 News

The Constitution of Guyana provides for establishment of the Public Procurement Commission with the caveat that it be, “independent, impartial and shall discharge its functions fairly.”
Attorney General and Minister of Legal Affairs, Anil Nandlall says that there is a great level of misunderstanding in society of this provision in the Constitution, including within the camp of the Alliance for Change (AFC).
Under the current Procurement Act, with the establishment of the Public Procurement Commission, Cabinet’s role of No Objection will be phased out.
The AFC has in the past tied its support for the Anti Money Laundering and Countering the Financing of Terrorism Bill, in part to the establishment of the Procurement Commission, as is.
Government insists that the clause to phase out Cabinet’s role of no objection was a change made on the floor of the National Assembly and was not discussed by Cabinet, which wants its role preserved.
Nandlall yesterday during a press engagement at the NCN Studios lamented what he called a misunderstanding of the Constitutional provision for the independence of the Public Procurement Commission.
According to Nandlall, the Procurement Commission, when established will supersede any ‘no objections’ made by Cabinet to the award of any contract.
“I don’t believe they understand the role of the commission, the provisions of the constitution vis-à-vis, the Procurement Act and the role of Cabinet.
Nandlall explained that in the hierarchical structure, the Procurement Commission is at the apex, with everything else falling below, including the role of Cabinet.
The Attorney General said that Cabinet’s no objection role continues to be monitorable and reviewable by the Public Procurement Commission. He was adamant, too, that Cabinet has no connection to the composition or functioning of the commission.
Nandlall stressed that at the bottom of the structure is the National Procurement and Tender Administration Board, while at the top sits the Procurement Commission. He said that somewhere along that hierarchy is the role of Cabinet, but what is clear is that the Procurement Commission is at the top and can review the objections made by Cabinet.
Government has consistently argued that if it is to be held accountable for the expenditure of state funds, then it must have at least the no objection role.

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