Gov’t showed ‘bad faith’ in procurement bill consultations
-Building Forum
Stabroek News
July 12, 2003


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The Building Forum has accused the government of bad faith in the timing of the consultations on the Public Procurement bill that was approved by the National Assembly last month.

In a press release prompted by the publishing of the amendments to the bill, the contractors and engineering lobby group says:

“...We are now fully satisfied that the timing of the consultation suggested a lack of good intent on the Administration’s part for it to be meaningful.”

The statement noted too, “In general, the representations made by the Building Forum were almost completely absent from the legislation. We therefore do not regard the Act as creating the appropriate environment for the desired reform in public procurement.”

As a consequence it said that it intends to “continue our discussions with the Administration until this matter has been brought to a satisfactory conclusion.”

The Building Forum met Finance Minister Saisnarine Kowlessar and Trade Minister Manzoor Nadir together with a number of officials from the Finance Ministry and the Attorney-General’s Chambers on June 16.

At that meeting the Forum presented proposals for inclusion in the bill that was to be debated later that week. Those proposals included the discontinuation of the role of Cabinet in the award of tenders save for matters of national security, the National Procurement Authority being the only awarding authority for public procurement; and the Public Procurement Commission performing functions of review and oversight; and that the National Procurement Board should comprise seven members with a maximum of four chosen from the Public Sector, and a minimum of three from the Private sector.

The Building Forum proposed too that representation from the Private Sector on the National Procurement Board should be accorded to institutions, such as the Chamber of Commerce or the Guyana Association of Professional Engineers, which would then appoint and rotate its representatives. It proposed too that the Procurement Bill be linked to a system of accreditation/registration for contractors, engineers and architects.

The Forum also forwarded that the preparation and implementation of the regulations governing the new Act should be expedited so that they could be operable within a year but that initially appropriate regulations should be adopted.

The bill approved last month was amended to discontinue Cabinet’s role in the award of contracts once the Public Procurement Com- mission is constituted and to provide for the seven-member National Procurement and Tender Board to comprise of no more than five members appointed from the public sector and no more than three appointed from the private sector. Stabroek News understands that the amended bill for the President’s assent is still being prepared but should be ready for signature shortly after the Attorney-General’s Chambers has reviewed it.