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Former Member

PPP calls on Police to probe increase in unadvertised procurement contracts

 

….as Govt ups threshold amounts by 233% to favour insiders

The Opposition People’s Progressive Party/Civic (PPP/C) wants the Public Procurement Commission (PPC) and the Guyana Police Force (GPF) to probe recent moves by Government to raise the threshold for restricted contracts.
The gazetted Procurement (Amendment) Bill of 2019, which was signed by Finance Minister Winston Jordan, will see larger contracts being awarded without the benefit of advertising.
This move, Opposition Leader Bharrat Jagdeo has said is illegal, and he is calling on the relevant authorities to look into the matter.
“I’m calling on the Public Procurement Commission to look into this matter immediately. We will write the PPC and we will probably write the Police, too, on this matter. Jordan will have a lot to answer for in the future because of this illegal act,” Jagdeo stated.
According to Jagdeo, the law clearly states that the Cabinet and the Procurement Commission shall review the Cabinet’s threshold for the review of procurements annually with the objective of increasing the ceiling overtime to gradually phase out Cabinet’s role in the procurement process.
“So this says, the Cabinet and the PPC, upon its establishment, must annually review the thresholds; not the Minister… [But] there is no Cabinet – the Cabinet was resigned – so that only leaves the Public Procurement Commission and the Public Procurement Commission has not met on this matter. So Jordan acted illegally when he acted on the advice of the [National Procurement and Tender Administration] Board (NPTAB) that he controls and that in itself is complicit in tons of wrongdoings. And I noticed even the Chairman of the Board [Berkley Wickham] didn’t even sign that circular,” the Opposition Leader pointed out.
Jagdeo went on to outline that these changes to the country’s procurement laws is a recipe for corruption since it gives the Cabinet more leverage on contracts.
The Opposition Leader warns that any State agency or public official who complies with these changes will be held accountable.
“I urge the Permanent Secretaries, the agencies and corporation heads, the regional administration heads to pay careful notice because if they comply with this, they will be complicit in an illegal act and could held responsible for the consequences, that is, face the courts, face the charge or face sur-charges,” he told reporters.
The gazetted changes saw the threshold for restricted contracts for goods and services move from $3 to $10 million (233 per cent increase), while construction contracts have been increased from $10 to $20 million. Additionally, quotation methods of procurement have been raised to $3 million.
In a letter dated February 4, 2019, Deputy Chairman of NPTAB, Mark Bender, informed State agencies and public officials of the gazetted changes, which take immediate effect.
But Opposition Member of Parliament, Juan Edghill, explained that with the December 21, 2018 passage of the No-confidence Motion, this move is illegal.
He referred to Article 106(6) of the Constitution which states that on passage of a no-confidence motion by the majority of all elected members of the National Assembly, the President and his Cabinet shall resign, coupled with the CJ’s ruling of January 31, 2019 that following the passage of the motion, the President and Cabinet stands resigned.
“Therefore, they are merely in office in a caretaker capacity and as such, these actions are unconstitutional. It is therefore logical that the letter by Mr Mark Bender authorising (officials) to implement these new thresholds is illegal and will lead to criminal proceedings being instituted against public officials who may be tempted to act on such a directive which is illegal,” Edghill stated.

https://guyanatimesgy.com/ppp-...ocurement-contracts/

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yuji22 posted:

Here we go ! Facts baby facts !

yeah banna  . . . here

https://guyana.crowdstack.io/topic/j...7#590444326399828237

PPP had also “illegally” raised tendering threshold - Cabinet documents indicate

Feb 09, 2019 | News

https://www.kaieteurnewsonline...icate/#disqus_thread

There appears to be evidence that a recent decision by the Ministry of Finance to raise the thresholds under which ministries, agencies and state companies can authorize contracts, may have happened, too, under the previous administration.

According to documents seen by Kaieteur News, on November 11, 2014, one day after ex-president, Donald Ramotar, announced the proroguing of Parliament, his Cabinet took a decision to raise the threshold.

The argument by the People’s Progressive Party, which is in Opposition now, is that once Parliament is suspended, as is the case now, there should be no major decisions or signing of big deals until elections are held. But it appears a major one was taken then.

According to the documents, the then Minister of Finance, Dr. Ashni Singh, on January 7th, used the powers conferred to him via the Procurement Act, and “with the advice of the National Board”, to make the regulations…that is Procurement (Amendment) Regulations of 2015.
Those regulations stated that “Schedule 2 to the Principal Regulations is amended by the substitution in Paragraph 3 for the words “1,500,000” of the words “$5,000,000.”

According to the backup Cabinet Decision dated November 11, 2014, there was a proposal to increase the threshold for procurement through community-based participation and inclusion of Neighbourhood Democratic Councils (NDC).

The Cabinet then approved that the threshold, under community based method of procurement, be increased from $1.5M to $5M.

The Cabinet decision was signed by the then Secretary, Dr. Roger Luncheon.

This past week, it was learnt that according to a circular issued Monday, February 4, Deputy Chairman of NPTAB, Mark Bender disclosed that there are “New thresholds for Restrictive Tendering and Request for Quotations Methods of Procurement”.

The new changes will see the thresholds for goods and services at $10M, while the limits for contracts for construction will be $20M.

The Cabinet decision taken on November 11, 2014.

The threshold for Request for Quotations method of procurement is now $3M.

Previously, in contracts for goods and services, ministries and state agencies could have only internally approved up to $3M while the limit for construction contracts was $10M.

The limit for Requests For Quotations was $1.5M.

The circular was sent to Permanent Secretaries, Agencies, Corporation Heads and Regional Administrations… the new thresholds take immediate effect.

The idea is to reduce the bottlenecks that come with contracts that sometimes have to wait months to be awarded because the ministries and agencies don’t have authorization.

However, the Opposition was wary of the decision to raise the threshold.
According to Juan Edghill, a former Junior Finance Minister under the People’s Progressive Party (PPP), he has information that the Government has “illegally facilitated and created the architecture to corruptly award contracts to friends and family by way of arbitrarily amending the Public Procurement Act subsidiary legislation Chapter 73:05 (Regulations 9 of 2004).

“This action enables award of contract without public advertisement, by way of restricted tendering and subverts the use of qualifications for this procurement process to be confined to specialized services or procurement of highly-complex items as stated in 26 (1) (a) of the Procurement Act of 2003.”

Edghill said that in layman’s terms, the action has made it possible to give contracts to unqualified persons and companies for the procurement of Goods and Services and construction.

On Thursday, Opposition Leader, Bharrat Jagdeo, called on the Public Procurement Commission to investigate what he said was an illegal hike to the threshold…he probably was unaware that his party in Government had done the same.

FM
Last edited by Former Member

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