Latest update January 26th, 2025 4:05 AM
Jan 09, 2024 News
Kaieteur News – The Public Procurement Commission (PPC) on Monday responded to a letter by former Minister of Public Infrastructure, David Patterson in which he accused the body of conducting a “whitewash” probe into a complaint by a private company, Akamai Inc.
The company had reportedly submitted a bid for line hardware in March 2023, responding to an Invitation for Bids by the Office of the Prime Minister.
Akamai Inc. had its bid deemed non-responsive by the National Procurement and Tender Administration Board (NPTAB) and was disqualified from the process. NPTAB explained, “the bidder failed to submit documentary evidence to demonstrate supply of similar goods in at least 1 contract in the last two (2) years to a minimum value of G$5M and the bidder failed to provide a letter stating that the company had no terminated projects.”
The company claims these documents were attached in its bid but were ignored by NPTAB. The PPC, the legal body to review procurement related concerns, noted “The author (Patterson) contends that the commission in its consideration of a complaint lodged by Akamai Inc. by and through Mr. Brian Hackett, Chief Executive Officer, failed to consider the accuracy of the record of the tender proceedings and in so doing “…simply adopted a defective report, performed no investigative analysis and rubberstamped the award.” The commission however did consider the possibility of the inaccuracy of the record of the tender proceedings.”
In its Summary of Findings the PPC explained that a procuring entity is responsible for maintaining systems of the highest integrity in ensuring an accurate record of the tender proceedings, including documents submitted by bidders. The body said this is imperative since there is no mechanism within the current tender procedure of independently verifying documents submitted to, and or received by, the procuring entity. A Bid is submitted in a sealed envelope and only the administrative requirements are read and recorded at the opening. The tenderer is not given a receipt of what is in fact received by the procuring entity.
It explained, “The commission is cognizant that a record may not be accurate for a number of reasons, such as but not limited to, negligence on the part of the tenderer and or procuring entity, innocent but mistaken belief of submission and the misplacement of documents (intentional or unintentional). The forum for settlement of such conflicts, should they arise, would be the court. Unlike other enquiry bodies, the PPC is not vested at this time with the requisite enabling legislative framework to subpoena witnesses, administer oaths and or examine witnesses so as to arrive at a determination as a fact as to an act or omission relating to the record and where such responsibility lies.”
The Public Procurement Commission therefore noted that the complainant is not left without remedy as the matter can be settled in the Court.
Further the Commission responded to comments made by Patterson regarding the Opposition Commissioner. It said, “The author, on divulged reliance of statements by “AFC nominated commissioner” Dianna Rajcumar, mischievously sought to divide the commission by giving the further erroneous impression that the findings of the commission were not supported by “[the two] opposition nominated commissioners”. As the record of the commission, including its Minutes, unanimously adopted, corroborates, the Summary of Findings of the commission in this matter was adopted and accepted by all of the commissioners, except ‘the AFC nominated’ Commissioner.”
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