The PPPC’s failure to address procurement violations

Jul 04, 2024 Features / Columnists, Peeping Tom

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Kaieteur News – When it comes to rooting out corruption, the PPPC likes to talk the talk but it has failed palpably to walk the walk. Its promise to take stern action against corruption has not been met with the desired actions.

A few weeks ago, the Vice President, Bharrat Jagdeo, had explained that the government was currently examining procedures for compliance and also activities for compliance with the laws. “And let me make it clear if we find that those officers are skirting the provisions of the law, the procurement law, then there shall be consequences for them,” he was quoted as saying.

Well, just recently, he was presented with an opportunity to show he and his government is serious about rooting out violations and deviations from procurement laws and regulations. As reported in this newspaper, the Public Procurement Commission (PPC), after investigating a complaint on the award of a billion dollar contract found irregularities.

This provided the opportunity for the government to keep its promise about serious action against those responsible for such violations. But instead, at last week’s press conference,  Jagdeo sought to give excuses.

The government’s failure to take decisive action in this instance has created further skepticism about the government’s commitment to transparency and accountability. It also highlights a troubling pattern of unfulfilled promises and raises serious questions about the administration’s dedication to upholding the principles of good governance.

When Vice President Bharrat Jagdeo promised serious action against those who violated procurement laws, there was the expectation that there was going to finally be an attempt to fix the country’s procurement systems and to hold those persons responsible for malfeasance and violations of the procedures and laws.

However, instead of announcing sanctions against those responsible Jagdeo went into a long explanation as to what happened without signaling any intended disciplinary action, and this despite the findings of the PPC.

Vice President Jagdeo claimed that the Procurement Agency did not use the Standard Bidding Document which outlines 19 criteria for the award of contracts. However, he said that the Procurement Agency departed from this Standard Bidding Document in advertising for bids.

This explanation, however, does not hold water. If the wrong requirements were used, this should have been the very reason to hold those responsible accountable. The failure to do so suggests an inclination to defend the bid award rather than hold those who departed from the Standard Bidding Document accountable.

If the wrong criteria were used, then someone needs to be held accountable. The situation becomes even more perplexing when considering the role of the evaluation committee and the National Procurement and Tender Board Administration (NPTBA). The evaluation committee should have based their assessment on the advertised criteria, ensuring a fair and transparent process. Advertising one set of requirements and evaluating based on another is not only unethical but also legally questionable.

If you advertise one criteria, then the evaluation has to be based on that criteria. If it is found that the wrong criteria was advertised, then all bids should be scrapped and a new bidding round advertised. But you cannot ask bidders to big on one set of requirements and then evaluate them on something else.

Moreover, the NPTBA, as the oversight body, should have ensured that the correct requirements were advertised and that the evaluation was conducted accordingly. Their failure to do so further compounds the issue and indicates a systemic problem within the procurement process.

There appears to be a clear basis for strong disciplinary action against those responsible for these discrepancies. However, the government’s response has been nothing short of disappointing. Instead of taking concrete steps to address the issue, the administration has resorted to making excuses.

This pattern of behavior is not new. The government has a sordid track record when it comes to corruption and accountability. Despite numerous promises of reform, little has changed.

Citizens have grown weary of the constant stream of excuses and inaction. They are demanding real change and accountability from their leaders. The government’s inability to match its words with actions is disappointing but perhaps not surprising.

If the government is serious about addressing corruption and ensuring transparency, it must start by taking decisive action against those who violate procurement laws. This means holding public officials and agencies accountable for their actions and implementing robust oversight mechanisms to prevent future violations.

The matter has now been referred to the Auditor General. This column had previously asserted that the Auditor General should not be treated as the investigating arm for violations detected by the PPC. The PPC should have referred the matter to the police.

The government has a responsibility to lead by example and demonstrate that no one is above the law. Only by doing so can the administration begin to rebuild the public’s trust and lay the foundation for a more transparent and accountable government. The time for excuses is over. It is time for real action.

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• examining, PPPC, procurement, Serious, Violations

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