PAC ups pressure on President to swear in procurement commissioners

Jun 14, 2022 News

Kaieteur News – The National Assembly’s Public Accounts Committee (PAC) has made an official call to President Irfaan Ali to swiftly swear in the five persons who were unanimously approved to serve on the Public Procurement Commission (PPC) more than two months ago.

His Excellency President Irfaan Ali

PAC chairman, Jermaine Figueria made the call during the body’s Monday meeting. He said that numerous complaints and questions about the PPC not being in place have come to him personally and to the Committee inquiring, “…why is it that the PPC has not been put in place (while) the PAC played a pivotal role in the short listing of those members.”
As chairman of the PAC, Figueria said that he had put forward the PPC motion in the National Assembly where the five persons got more than two third majority expressing confidence in them serving on the PPC. The motion was voted on since last April and several months have passed without movement to make the Commission functional. “So, on behalf of the Public Accounts Committee, I would like to make the call on His Excellency the President to do what is expected of him constitutionally; the mandate of swearing in the commissioners of the PPC so that they can execute their constitutional duties that the Guyanese public is expecting them to do.” Figueria insisted that the Commission is very important and can no longer remain inoperable as the names identified attained more than the constitutionally required number of votes.

PAC members during yesterday’s sitting

The PAC chairman urged the President to act swiftly in making the commission functional so it can give the country’s procurement system some kind of footing in accountability and transparency.PAC member Ganesh Mahipaul added his voice to the chairman’s call stating that the work of the PAC had led to the nomination of the PPC names, and it was viewed by both the government and opposition that activating the Commission is urgent and necessary in keeping the guardrails of democracy high. Despite her pressing schedule as Minister of Parliamentary Affairs and Governance, government Member of Parliament and PAC member Gail Teixeira had committed to finishing the PPC work she was conducting with the PAC chair. The work was done and the names received a unanimous support from House representatives. As such, Mahipaul said, “I thought that by now, just over two months after that decision, we would have had a PPC where contractors and suppliers could have expressed their dissatisfaction in terms of them feeling that they were not treated fairly by the public procurement system.” He said the PAC is well aware of the related complaints.
Mahipaul reiterated that other motions got quick assent from the president despite being passed under questionable circumstances. The Natural Resource Fund was passed with the parliamentary opposition removing the Mace. It was assented to by the President the next day. There is also an ongoing court challenge in relation to this matter. With this in mind, Mahipaul expressed the confidence he had in believing that the President would have urgently put the Commission in place. He said that the President should activate the PPC because ultimately, it will reduce the Auditor General’s work as the PPC helps to improve the system. He said the AG would have fewer irregularities to examine and his work space would be expanded.
Government MP and PAC member Dharamkumar Seeraj in his contribution accepted that the PPC is essential to promote the overall confidence of the procurement system and that it must be convened earliest. He reminded however that in awarding contracts, there is a provision that allows bidders to appeal decisions when awards are made. There is indeed an avenue for dissatisfaction to be registered and an investigation to be done, Seeraj pointed out. He was informed however that the Bid Protest Committee is highlighted in the Procurement Act of 2003 and that the body is an ad hoc Committee administering and pronouncing on matters by the very people complaints are made against.
Mahipaul said bidders do not believe the Protest Committee is adequate and it does not enjoy their confidence. Moreover, Mahipaul said that the PPC is a constitutional body that cannot be overshadowed by any other. The PPC is the legally recognised body responsible for the oversight and review of all procurement systems within the country; National Procurement and Tender Administration Board (NPTAB), Ministerial Tender Boards and Regional Tender Boards. Attorney-at-Law Pauline Chase, Economist Joel Bhagwandin, Rajnarain Singh, Berkeley Wickham and Diana Rajcumar were voted in to function in the PPC.