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Procurement body to move to High Court after tender board refused to release ‘Critics’ $865 million contract details
Kaieteur News – The Public Procurement Commission (PPC) is mulling legal action to compel the National Procurement Tender and Administration Board (NPTAB) to release the documents in relation to the $865 million contract award which was given to the Tepui Group Inc, a company closely associated with commentator, Mikhail Rodrigues better known as the ‘Guyanese Critic.’
Local commentator, Mikhail Rodrigues better known as the ‘Guyanese Critic.’
In a statement published via its website, the procurement body explained that it is exploring the legal option of approaching the High Court after NPTAB and the respective procurement entities failed to submit to the commission the requested information.
The procurement body had requested the record of the tender proceedings and evaluation reports related to five complaints of contract awards which it received.
As regard the contract awarded to the Tepui Group Inc, the commission said it followed established procedures in accordance with Article 212DD (1) of the constitution.
The commission said it sent a request in writing to both the procuring entity and the tender board which it listed as the National Drainage and Irrigation Authority (NDIA) and the NPTAB, respectively, for the submission to the commission, within five business days, of certain relevant information and documents including the full record of the tender proceedings.
However, the bodies did not submit the documents as requested by the PPC.
The PPC noted, therefore, that while Article 212 DD(1) of the constitution empowers the commission to request information in certain circumstances, the subsequent sub-section -Article 212DD(2)- has not been given effect by the legislature to provide for penalties or other coercive powers for the failure to comply with such a request by the commission.
Accordingly, the commission said that it has sought advice from its legal department regarding its jurisdiction in the circumstances to ensure that the matters brought before it for investigation are duly discharged.
“The commission awaits receipt of the said advice and at this time, has not ruled out approaching the High Court for Orders compelling the production of the information,” the PPC said in its statement.
Pursuant to Article 212W (2) of the Constitution of Guyana, the PPC is an “independent and impartial” body which shall discharge its functions fairly “in accordance with law.”
The PPC investigation was made in relation to a complaint made by Opposition Member of Parliament (MP) David Patterson. Patterson had requested the investigation, flagging the contractor’s inexperience among other irregularities.
He was keen to note that this investigation may uncover alarming findings that an official at NPTAB may be involved in corruption.
In his letter to the PPC, the former Minister said that, “the technical requirements of the bid documents required the successful bidder to have successfully completed projects of a similar nature and size within the last three years.”
However, he pointed out the company that received the $865M contract- Tepui Group Inc, was established in August 2022, thus failing to meet those requirements.
Tepui Group was awarded the contract to construct a pump station at Belle Vue, West Bank Demerara (WBD) through the tendering process at NPTAB on August 14, 2023.
The company is affiliated with the ‘Guyanese Critic’ who is a close friend of leaders in the People’s Progressive Party/Civic, particularly Vice President Bharrat Jagdeo.
In his letter to the Public Procurement Commission, Patterson requested that should the award prove defective, necessary actions should be taken against the entities and individuals associated with the award.
The five-member PPC is chaired by President of the Guyana Bar Association, Pauline Chase.
It commissioners include government nominees Rajnarine Singh and Joel Bhagwandin as well as Opposition nominees, Diana Rajkumar and Berkeley Wickham.
- Guyanese Critic, High Court, National Procurement Tender and Administration Board (NPTAB), Tepui Group Inc., ublic Procurement Commission (PPC)
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