ryan.bachoo@cnc3.co.tt
After eight years of pushing by stakeholders, there is now full proclamation of the Public Procurement and Disposal of Public Property Act, 2015, a move that was praised by various sectors of society yesterday.
The Office of the Attorney General and Ministry of Legal Affairs made the announcement via a release advising that Cabinet had approved all remaining sections of the Public Procurement and Disposal Of Public Property Act, No. 1 of 2015. It will take full effect next week Wednesday.
The proclamation puts to rest calls from several stakeholders for over a decade to get to this point. The act was assented to by the President in January 2015 under the People’s Partnership government. However, it was not proclaimed into law then. Upon assuming office, the People’s National Movement made three amendments to the act between 2016 and 2020. However, it was still not proclaimed into law over the course of the administration’s seven-plus years in office.
As criticism over the delay in the proclamation increased, Prime Minister Dr Keith Rowley promised in January that his Government would operationalise the act “before Easter”.
The promise materialised with the announcement yesterday.
Even with the full proclamation of the act, however, the Office of Procurement Regulation (OPR) remains without a chairman, since former Procurement Regulator Moonilal Lalchan ended his term on January 11 this year.
Yesterday, Lalchan explained what the proclamation means for citizens of T&T.
“You should now be seeing much more transparency in terms of contracts awarded to suppliers and contractors. According to Section 24 of the act, now, all contracts that have been awarded must be published in a database to the OPR, and the OPR now puts that together and reports to Parliament, and therefore, now the public is aware of contracts, who it was awarded to, how much is awarded for any variation order and all those contracts that were not completed and the amount of money that was spent on the contracts even though it’s not completed.”
He also explained that if a private citizen raises an issue with a road that was recently paved but which develops cracks within days or weeks, the quality of the work can now be scrutinised under the act. He said if poor quality work is produced, a company can be held accountable.
Lalchan also said the proclamation allows for full investigation of any wrongdoing, corrupt or fraudulent practices that are associated with public procurement or disposal of public property.
He also said people often pay to get registered in the public bodies and they don’t get registered or are never called to participate in public procurement. Now, however, he said all public procurement will have to be done through registered contractors who must be registered with the OPR.
When asked whether the public service is ready for the proclamation come next week, Lalchan said, “The public bodies are in different stages of readiness. A number of them will have to play catch-up. Simply, all public bodies are required to also have a procurement officer named and sent to the OPR. Not all public bodies have done that.”
Joint Consultative Council (JCC) for the Construction Industry president Fazir Khan labelled the news as “a major step in right direction for T&T, as it relates to government expenditure of public money.”
“Independent lawful oversight by the OPR has the potential to reduce the interference in the procurement process, reduce corruption and increase efficiency. The difference with the law in place, is that the OPR can move from barking to biting after a grace period. For example, collusion in tendering that has plagued the construction industry in the past on public contracts will, for the first time, be unlawful in T&T,” Khan said.
Khan said the JCC for the Construction Industry expects the President will reappoint Lalchan as the regulator to shepherd the Office of Procurement Regulation for the next four years.
Also contacted yesterday, recently appointed T&T Manufacturers’ Association president Roger Roach, provided a statement to Guardian Media in which he said: “The TTMA supports and endorses the full proclamation of the Public Procurement and Disposal of Public Property Act. We remain optimistic that the regulations will include a framework on local content, thereby creating adequate space and opportunities for local businesses that continue to produce and offer world class products and services to the people of Trinidad and Tobago.”
Meanwhile, Afra Raymond, a former Joint Consultative Council (JCC) president who has long called for the proclamation, welcomed the move.
“It is long overdue and it’s welcomed. It’s the start of a new dispensation with respect to public business in the country and the burning question is the appointment of the procurement regulator. It will bring about a new set of behaviours and that is the start of having a new way of dealing with each other, so I’m quite optimistic about it,” Raymond said.
However, Raymond said the timely appointment of the new chairman of the OPR is critical.
“This needs to happen as soon as possible because we are already three months out of date. It’s an important office and it needs a chairman and direction and leadership,” he added.
Dr Don Samuel, an engineer at the University of the West Indies (UWI) who has also advocated for the proclamation over the last few years, echoed Raymond’s sentiments.
“Today’s (yesterday) announcement by the Attorney General is a win for this country. It has been a long journey but it is not over. Now we need to advocate for a new Procurement Regulator to be installed and we need to advocate for transparency in the execution of construction procurement,” Samuel said.
T&T Contractors Association (TTCA) president Glen Mahabirsingh also praised the move by Government.
He said, “Since 2007, the Joint Consultative Council for the Construction Industry (JCC), of which TTCA is a member, has been advocating for the full Proclamation Act to be enacted. After 16 years of tireless lobbying from the JCC, we finally have a full proclamation.
“The TTCA eagerly anticipates the benefits that this will bring to our construction sector and our members. With the appropriate allocation of resources, we hope to see a boost in our construction industry, with resulting benefits to our nation as a whole.”
What does the Public Procurement and Disposal of Public Property Act seek to achieve?
The act speaks to securing value of taxpayers’ money in terms of expenditure, accountability, integrity and transparency. It also encourages development of local contractors and local content. It also seeks sustainable development and procurement.
Why is it important?
It brings into accountability the public funds on expenditure so there is a reduction of bad spending.
What it does?
Opens up opportunities for contractors and suppliers to benefit from equity treatment when vying for contracts. Before being registered under the Office of Procurement Regulation, entities must be able to demonstrate that they have discharged their obligations to the relevant taxes