Gail Alexander
Senior Political Reporter
The Public Procurement and Disposal of Public Property (Amendment) Bill, 2026, will benefit the “small man” directly and indirectly, improve the implementation of Government programmes and stimulate Trinidad and Tobago’s economy, Finance Minister Dave Tancoo said yesterday.
The bill will also allow the Office of Procurement Regulation (OPR) to award costs in favour of a successful procuring entity in challenge proceedings.
Tancoo piloted the controversial bill in the Lower House. The bill, which required only Government votes for passage, was passed.
Noting the Opposition People’s National Movement’s (PNM) position, Tancoo detailed his reasons for the amendments.
“As I want the public to understand exactly what the PNM is against,” he said, adding that the bill would break the “PNM cycle” of wanting “contracts for their friends, family and financiers...make the rich, richer, keep the poor dependent.”
Tancoo said the bill would address practical bottlenecks faced by public bodies and streamline overly rigid procedures.
“And restore operational common sense to public administration so the State can effectively deliver goods, works, and services to the people without unnecessary delay. How can the PNM vote against that?” he said.
He said the amendments would stimulate the construction sector, expedite the provision of water and electricity services in emergencies and give new life to micro, small and medium-sized enterprises (MSMEs) seeking to do business with the State.
Tancoo said over the years, he had received many complaints from small food suppliers and companies that could not afford the costs associated with procurement registration.
“This bill will open up opportunities and promote development of hundreds, if not thousands, of micro, small and medium-sized businesses currently locked out of the economy. It would benefit the small man directly and indirectly, stimulate the economy, generate growth and increase national output...it unlocks investment potential for people involved in business at every level—and will create thousands of new jobs and homes,” he said.
Tancoo said the current law’s structure impedes Trinidad and Tobago’s growth and development.
“T&T’s economic and public interests now dictate the need for meaningful reform of the law to further Government’s objectives to deliver goods, works and services. This isn’t abandonment of accountability, but embrace of reality, agility and national survival,” he said.
Citing bureaucratic processes that fail to recognise specialised and time-sensitive demands, Tancoo said the measures would reduce administrative costs and processing times associated with lower-value and specialised procurement, improve the implementation of Government programmes and projects, and give accounting officers greater ability to respond to operational requirements.
“Amendments would be accompanied by appropriate financial management, audit, record-keeping, reporting and conflict-of-interest safeguards so that greater delegation and exemption don’t result in a diminution of accountability,” he said.
Tancoo detailed reasons for certain exemptions from the procurement law, including the provision of water, electricity and power generation in cases of emergency, and the acquisition of goods, services or works for emergencies.
He said certain categories of Government expenditure have operational, commercial, security or developmental characteristics that make the ordinary procurement framework unnecessarily restrictive.
Appropriate safeguards, reporting requirements, internal approvals, audit requirements and, where appropriate, procurement guidelines would continue to apply, he said.
Tancoo said a national security exemption was necessary because subjecting such procurement to ordinary procedures could breach confidentiality, including information relating to the sector’s capabilities.
He said an exemption for public-private partnerships for public housing would facilitate the Government’s ability to implement housing programmes through structured arrangements with private-sector developers, financiers, contractors and other strategic partners, while securing value for money and accelerating housing delivery.
An energy-sector exemption was also necessary because the sector often involves technically complex, commercially sensitive and time-critical transactions, he said.
Unsuccessful challengers to pay State agency costs
Apart from clauses limiting the OPR’s powers after completing an investigation, Tancoo said another clause would allow the OPR to award costs in favour of a successful procuring entity in challenge proceedings.
While the law permits the OPR to award costs to successful suppliers and contractors in challenge proceedings, Tancoo said there was no similar provision allowing the OPR to award costs to successful procuring entities.
“The OPR has interpreted this to mean that procuring entities cannot recover costs in challenge proceedings irrespective of whether they’re successful or not. Clause 6 corrects this,” he said.
Tancoo said the 2024 Procurement Regulations were being revoked because practical experience, and the continuing need for clarification, had demonstrated that a simpler, more coherent statutory approach may be preferable.
He said the “rigid, one-size-fits-all regime” would be replaced with “clearly defined statutory exemptions, appropriate delegated financial authority, strengthened internal controls and risk-based procurement procedures.”
Tancoo said the current law ensures a smooth transition following the revocation by protecting ongoing legal matters, vested rights and criminal liabilities from being suddenly invalidated.
“Anything lawfully done under the revoked law continues being lawful and effective...existing rights, privileges and debts under the old law aren’t lost—if you breach the old law, you can still be charged, tried and punished. Ongoing court cases, investigations or legal remedies will subsist as if the old law was still in force,” he confirmed.
