Grounds for Debarment
Regulation 3 of the Procurement (Suspension & Debarment) Regulations 2019 empowers the Commission to debar or suspend a contractor or supplier where it is proven that the contractor and or supplier-
- committed an offence relating to procurement under any law;
- committed an obstructive or prohibitive practice;
- committed a specified offence in the Schedule under the Environmental Protection Act;
- committed an offence under the Anti-Money Laundering and Counter the Financing of Terrorism Act;
- committed a serious violation of fair employment laws including those under the Environmental Protection Act, National Insurance and Social Security Act, Labour Act and Occupational Safety and Health Act;
- defaulted on tax obligations;
- breached a public procurement contract;
- supplied false information in the process of submitting a bid or prequalification application;
- colluded with a bidder or public official concerning the formulation of any part of the bidding documents;
- through coercion or connivance, interfered with the participation of competing bidders;
- has lost the right to do business or practice a profession as a result of a revoked or suspended licence;
- has been debarred from participating in the procurement process of another jurisdiction or an international organization. In such instance, the contractor or supplier shall be AUTOMATICALLY DEBARRED by the Commission from participating in any public procurement process in Guyana.
Process for Debarment
How to commence Debarment Proceedings?
The procedure for debarment of a contractor or supplier is invoked on the submission to the Commission of a proposal for debarment.
Who may submit a proposal for debarment?
Any person or a procuring entity (the applicant) may submit a proposal for debarment to the Commission for debarment of a contractor or supplier.
Procedure
Once the Commission considers that there are grounds for debarment, the Commission shall issue and serve a notice of proposed debarment to-
- the contractor or supplier, and
- the procuring entity or person who submitted the proposal for debarment (applicant)
If the contractor or supplier wishes to oppose the proposal for debarment, it must-
- submit a response in writing to the Commission within 30 days of receipt of the notice for proposed debarment, and
- request a hearing before the Commission.
On receipt of the response, the Commission shall-
- within 7 days, send a copy thereof to the procuring entity or person who submitted the proposal for debarment, and
- within 10 days to conduct the hearing.
Suspension Pending Hearing
- During pending debarment proceedings and on receipt by the Commission of the response by the contractor or supplier to the proposal for debarment, the Commission may suspend the contractor or supplier from participating in public procurement for such period pending the hearing and determination of the debarment proceedings.
- The contractor or supplier shall, on request in writing, have the right to be heard on the suspension.
Hearing
- The hearing shall be conducted in a formal manner.
- The parties shall be entitled to be represented by an Attorney-at-Law.
- The parties shall have the right to present arguments and evidence.
- The hearing shall be recorded and any evidence presented preserved.
- The parties and witnesses shall testify under oath or by affirmation and may be cross-examined.
Decision
The Commission must issue its decision within 60 days of the issuance of the notice of proposed debarment.
The decision of the Commission shall be published-
- on the website of the commission,
- on the website of the National Procurement and Tender Administration Board (NPTAB), and
- in a newspaper of widespread daily circulation.
Appeal
A dissatisfied contractor or supplier may appeal its debarment to the Public Procurement Commission Tribunal.
Application for reduction or termination of debarment
Regulation 12(2) of the Procurement (Suspension & Debarment) Regulations 2019 provides that a debarred contractor or supplier may apply in writing to the Public Procurement Commission (PPC) for a reduction in the duration of the debarment period or its termination, for any of the following reasons which must be detailed in the application-
- newly discovered material evidence or documentable error in the findings of the Commission’s decision;
- reversal of the conviction or judgment on which the debarment is based and where the conviction or judgment was based on an admission of conduct that was the cause for debarment, the Commission shall determine whether such admitted conduct negatively affects the responsibility of the supplier or contractor;
- bona fide change in ownership or control of the supplier or contractor;
- disciplinary action has been taken against all persons responsible for the acts giving rise to the debarment;
- remedial action has been taken designed to prevent a recurrence of the acts giving rise to the debarment;
- that the past conduct of the debarred supplier or contractor does not indicate a pattern or history of similar acts;
- any other factor, which in the judgment of the Commission, removes the conditions giving rise to the conduct that led to the debarment.
Submit an application for reduction or termination.
Register of Debarred Contractors/Suppliers
| Firm | Address | Date From | Date To |
|---|---|---|---|
| Invepar Construtora Ltda-me (CNPJ:20.182.043/0001-42) | Lot 97 Phase 2, Lethem, Rupunini, Region 9, Essequibo | 2018-02-20 | 2030-12-28 |
| Invepar Construtora Ltda-me Cnpj:20.182.043/0001-42 | 71 Somerset Court, Garden of Eden, East Bank Demerara | 2018-02-20 | 2030-12-28 |
| Mr. Vevakanand | 71 Somerest Court, Garden of Eden, East Bank Demerara | 2018-02-20 | 2030-12-28 |
| Mr. Vevakanand Dalip | Lot 97 Phase 2, Lethem, Rupunini, Region 9, Essequibo | 2018-02-20 | 2030-12-28 |
| Mr. Vevakanand Dalip Enterprise | Lot 97 Phase 2, Lethem, Rupunini, Region 9, Essequibo | 2018-02-20 | 2030-12-28 |
| Mr. Vevakanand Dalip Enterprise | 71 Somerest Court, Garden of Eden, East Bank Demerara | 2018-02-20 | 2030-12-28 |
| Ms. Sabrina Mary Williams | Lot 97 Phase 2, Lethem, Rupunini, Region 9, Essequibo | 2018-02-20 | 2030-12-28 |
| Ms. Sabrina Mary Williams | 71 Somerest Court, Garden of Eden, East Bank Demerara | 2018-02-20 | 2030-12-28 |
Regulation 3(2) of the Procurement (Suspension and Debarment Regulations) 2019, Procurement Act, Cap. 73:05 states:
“Any supplier or contractor who has been debarred from participating in the procurement process of another jurisdiction or an international organisation, shall be automatically debarred from participating in a procurement process in Guyana by the Commission.”
In the exercise of the powers thereby conferred, the suppliers and contractors debarred by the international orgainsations of the World Bank, Inter-American Development Bank (IDB) and Caribbean Development Bank (CDB) are deemed to be automatically debarred by the Public Procurement Commission (PPC) for the periods therein conferred and as listed in the Schedules on the following websites –
IDB Sanctioned Firms and Individuals
World Bank Listing of Ineligible Firms and Individuals
Firms Sanctioned by the Caribbean Development Bank