Latest update November 30th, 2024 1:00 AM
Jul 23, 2016 News
…points to improper award of $221M contract
“This matter is bigger than Cevons (Waste Management) and its partners; it is about ensuring that the procurement process is transparent, democratic and free from favouritism,” said the waste management company in a public missive it sent to the media yesterday.
Cevons has become aggrieved over what it describes as the improper awarding of a $221M contract. The contract that has been brought into controversy is one signed between the Ministry of Communities and Puran Brothers for the management of the Haags Bosch landfill on the East Bank of Demerara.
Some of Cevons’ concerns were aired in sections of the media and the Ministry of Communities has recently responded saying that the company’s concerns are “without merit.”
Cevons and its partners—Ivor Allen A.A. and Ground Structures Engineering—yesterday noted that it is resentful of the response made by the Ministry.
Cevons and that its primary intent is to deal with “the manner in which the contract was awarded based on low price, technical competence, operation methodology and past performance. We are making two charges.
First, we are contending that the process of determining the awardee of the contract was unfair. Second, we are arguing that the Ministry of Communities’ denial of the right to appeal is arbitrary, undemocratic, contrary to the letter and spirit of the Procurement Act and a denial of natural justice. In light of the Ministry’s public statement, we would like to make a few observations.”
Cevons said that the Ministry’s Permanent Secretary, Emil McGarrell, responding to a request for review of the awarding of the contract, stated that the matter was closed. “Now the very Ministry is publicly speaking about the matter, it refused in the first instance, to review. It is clear that the intention was to summarily deny us the right of appeal as stipulated by law.”
Cevons then pointed to the fact that the Ministry’s public statement as published in sections of the media noted that “the tender process was based on the stipulated criteria as outlined in the Procurement Act; but the Ministry did not state the specific section or sections of the Procurement Act to back the claim.
“This, we feel, is critical to a fair and just determination of the matter. Since the matter is now in the public domain, the Ministry owes it to the public to be as transparent as possible.”
Further, Cevons said that it is instructive that the Ministry could have arrived at its position that the query of the awarding of the contract is “without merit,” even as it rejected the request as an aggrieved party to be heard, a right that is guaranteed under standard protocol.
Cevons acknowledged that they have noted comments in the press that it had to enter into a partnership since individually the companies do not have all the needed resources including equipment.
Cevons said, “This is nothing new; we are merely following in the footsteps of our forefathers who as a form of survival entered into cooperatives and pooled their resources in order to compete in uneven playing fields.”
Cevons said that in light of the Ministry’s “arbitrary” decision to deny the right to appeal, it made use of the next best option under the law which is to take the case before the Protest Bid Committee (PBC).
That Committee, housed within the Ministry of Finance, is now to determine whether Cevons claim is with or without merit.
“We look forward to the PBC meeting shortly. We hope we’ll be given the chance to be heard, the deliberations will be conducted consistent with the procedures outlined in the Procurement Act, the evidence will be objectively analysed, and justice will be served. That is our intent. Towards this end, we are encouraged by statements by the Minister in the Ministry of Finance Honourable Jaipaul Sharma that the appeal process should be fully ventilated.”
Nov 30, 2024
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