The Public Procurement Commission (PPC) (‘the commission’) notes a Letter to the Editor published in yesterday’s edition (January 6, 2024) of the Stabroek News under the hand of Mr. David Patterson salaciously titled “PPC Report is a whitewash of the complaint by Akamai.”
The author contends that the commission in its consideration of a complaint lodged by Akamai Inc. by and through Mr. Brian Hackett, Chief Executive Officer, failed to consider the accuracy of the record of the tender proceedings and in so doing “…simply adopted a defective report, performed no investigative analysis and rubberstamped the award.”
The commission however did consider the possibility of the inaccuracy of the record of the tender proceedings and respectfully draws attention to paragraphs 23-25 of its Summary of Findings, which were not disclosed by the author, to wit- [23] Section 10(1) of the Procurement Act, Cap. 73:05 expressly vests the procuring entity with the responsibility of maintaining a record of the tender proceedings. Parties are thereby bound. [24] As noted by this commission before1, a procuring entity is by such statutory responsibility expected to maintain systems of the highest integrity in ensuring an accurate record of the tender proceedings, including documents submitted by bidders. This is imperative since there is no mechanism within the current tender procedure of independently verifying documents submitted to, and or received by, the procuring entity. A Bid is submitted in a sealed envelope and only the administrative requirements are read and recorded at the opening. The tenderer is not given a receipt of what is in fact received by the procuring entity. [25] The commission is cognizant that a record may not be accurate for a number of reasons, such as but not limited to, negligence on the part of the tenderer and or procuring entity, innocent but mistaken belief of submission and the misplacement of documents (intentional or unintentional). The forum for settlement of such conflicts, should they arise, would be the court. Unlike other enquiry bodies, the PPC is not vested at this time with the requisite enabling legislative framework to subpoena witnesses, administer oaths and or examine witnesses2 so as to arrive at a determination as a fact as to an act or omission relating to the record and where such responsibility lies. The aforesaid was not disputed by the author who simply made broad statements as to what the commission should have done, without any legal basis or authority therefor. As expressly noted in the commission’s Summary of Findings, the complainant is not left without remedy as there is recourse to the Court against the procuring entity, criminal or civil as the circumstances may dictate, being the appropriate forum for the settlement of such disputes of allegations of fact as to what was alleged to have been submitted and what was in fact received.

Further, the author, on divulged reliance of statements by “AFC nominated commissioner” Dianna Rajcumar, mischievously sought to divide the commission by giving the further erroneous impression that the findings of the commission were not supported by “[the two] opposition nominated commissioners”. As the record of the commission, including its Minutes, unanimously adopted, corroborates, the Summary of Findings of the commission in this matter was adopted and accepted by all of the commissioners, except “the AFC nominated” Commissioner. Notably, other findings by the commission against the procuring entity and tender board were not highlighted by the author. Inferences therefrom are clear. While the commission as a constitutional body welcomes scrutiny, it regrets that it has had to too often address and correct inaccurate and erroneous statements coming from the same source. The Summary of Findings of the commission in its entirety can be accessed via the commission’s website, www.ppc.org.gy for those interested in accuracy and logic.

Dated 7th January 2024.

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1 Summary of Findings – Motiram Construction
2 e.g. Public Utilities Commission Act, Cap. 57:01; Commission of Inquiry Act, Cap. 19:03

STATEMENT BY THE PUBLIC PROCUREMENT COMMISSION IN REPONSE TO
THE STABROEK NEWS ARTICLE OF SUNDAY 3RD DECEMBER, 2023
TITLED “STOP PLAYING GAMES WITH TEPUI CONTRACT”

The Public Procurement Commission (PPC) (‘commission’) notes an Article published in the
December 3, 203 Sunday Edition of the Stabroek News titled, “Stop Playing Games With the Tepui
Contract”.

It is therein alleged that the commission has been evading the subject of the Tepui contract award
for the Belle Vue Pump Station with Mr. David Patterson, MP being quoted as saying “One week
they cancelled the statutory meeting, another week they said they will discuss the matter but they
been evading the subject.”

It is most unfortunate that the Stabroek News would not follow basic journalistic good practices
in putting the aforesaid to the commission and giving it an opportunity to comment prior to
publication.

It is farthest from the truth, and wholly illogical to contend that the commission having taken the
decision to launch an investigation would then evade a determination of same.

There is absolutely no basis for such a contention. Any insinuation that a meeting of the
commission was cancelled to avoid consideration of the matter is mendacious and mischievous.
During the interim, a meeting of the commission scheduled for Friday, November 24, 2023 was
postponed (not ‘cancelled’) to the next working day, that is, Monday, November, 27, 2023, to
facilitate the presence of all commissioners as the commission endeavours to do.

The award of the Tepui contract has engaged the attention of the commission at each and every
meeting of the commission since it received a request for an investigation thereto from Mr. David
Patterson, MP on October 3, 2023, as is reflected by the Minutes of the commission.

Notwithstanding the commission’s limited resources, it strives to complete reviews of all
complaints and requests for investigations within the shortest possible time frame, which varies
depending on what arises, and which may or may not be limited to the issue raised in the original
request but which the commission in its wide constitutional powers can investigate.

With regard to the Tepui matter in particular, which the commission notes has excited public
interest, the commission at its last meeting of December 1, 2023 having received a copy of the
tender proceedings from the National Procurement and Tender Administration Board (NPTAB)
on or about November 10, 2023, considered the Report of its Operations Department thereon and
decided to put certain matters arising therefrom to the procuring entity and NPTAB for response
in accordance with due process. It is expected that the request and response ought to be
forthcoming within the next fourteen (14) days.

The commission wishes to assure the general public that no stone will be left unturned in a full
and thorough investigation into the matter as is done with all investigations of the commission
in discharge of its constitutional mandate.

The commission once again urges persons to be responsible and not reckless in their statements
which could have the damaging effect of needlessly undermining public confidence.

Dated December 4, 2023.
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STATEMENT BY THE PUBLIC PROCUREMENT COMMISSION IN REPONSE TO THE STABROEK NEWS ARTICLE OF SUNDAY 29^TH OCTOBER, 2023 TITLED “PROCUREMENT COMMISSION SILENT ON REQUEST FROM OPPOSITION FOR URGENT MEETING”

The Public Procurement Commission (PPC) (‘the commission’) has taken note of an article in the Stabroek News edition of October 29^th, 2023, with the caption “Procurement Commission silent on request from opposition for urgent meeting”. The article cited “APNU+AFC Member of Parliament David Patterson who stated that the procurement commission has not responded to the opposition’s request for an urgent meeting to discuss the controversial award of a pump station contract to a company that did not qualify and other matters”.

The PPC categorically rejects these baseless assertions since the request of Mr. Patterson, purporting to act, inter alia, on behalf of the Parliamentary Opposition (whether de facto, de jure or otherwise not disclosed) was received on Friday October 27^th, 2023 and was duly considered at the commission’s meeting on the said day. To this end, an official response to the request for a meeting will be dispatched shortly, the weekend having intervened.

Therefore, the impression given by the headline that there has been some inaction by the commission to the request is sensationalist and scandalous as it is not grounded in fact.

Further, with regard to the reported request by Mr. Patterson for an investigation into the contract award of the Belle Vue Pump Station (“Tepui contract”), the commission wishes to confirm that:

• It received the said request by way of email on Wednesday, October 4^th, 2023.
• The request was considered by the commission at its next meeting on Friday, October 6^th, 2023.
• In accordance with the commission’s established procedures in pursuance to Article 212DD(1) of the constitution, a request in writing was sent, on the said day (6^th), to both the procuring entity and the tender board, to wit, the National Drainage and Irrigation Authority (NDIA) and the National Procurement and Tender Administration Board (NPTAB), respectively, for the submission to the commission, within five (5) business days thereof, of certain relevant information and documents including the full record of the subject tender proceedings. Similarly, Mr. Patterson was also invited in writing to submit any documents or further information to support his allegations on which his request for an investigation was made.
• To date the request has not been acknowledged or complied with by the procuring entity (NDIA) and or the tender board (NPTAB). Mr. Patterson has also not communicated with the commission as to the submission of any documents or further information to support his allegations.
• Patterson sought an update on his request by way of letter sent by email on October 23^rd, 2023. The said letter was considered at a meeting of the commission on the said day and a reply was sent in accordance therewith on October 27^th, 2023.

The hereinbefore investigation request is one (1) of five (5) active complaints before the commission, all of which the respective procuring entities and or NPTAB have not submitted to the commission, requested information, particularly, the record of the tender proceedings (including the Evaluation Reports) at all or the full record.

While Article 212DD(1) of the constitution empowers the commission to request information in certain circumstances, the subsequent sub-section (Article 212DD(2)) has not been given effect to by the Legislature to provide for penalties or other coercive powers for the failure to comply with such a request by the commission.

Accordingly, the commission has sought advice from its Legal Department as to the jurisdiction of the commission in the circumstances to ensure that the matters brought before it for investigation are duly discharged. The commission awaits receipt of the said advice and at this time, has not ruled out approaching the High Court for Orders compelling the production of the information.

Pursuant to Article 212W(2) of the Constitution of Guyana, the PPC is an “independent and impartial” body which shall discharge its functions fairly in accordance with law.

The commission once again urges restraint and responsibility in public statements of findings as a fact without the benefit of all of the facts and documentary evidence.

Dated October 30^th, 2023.

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PRESS RELEASE ON THE PUBLIC PROCUREMENT COMMISSION WORKSHOP FOR PERMANENT SECRETARIES, DEPUTY PERMANENT SECRETARIES AND REGIONAL EXECUTIVE OFFICERS 

Yesterday, October 26, 2023, the Public Procurement Commission (PPC) held a Workshop on public procurement for Permanent Secretaries (PS), Deputy Permanent Secretaries (DPS) and Regional Executive Officers (REO) at the Cara Lodge Hotel, Georgetown. 

During her Opening Remarks, Chairperson of the PPC, Ms. Pauline Chase noted that the engagement was part of the commission’s ongoing exercise pursuant to Article 212AA(1)(b) to promote awareness of the rules, procedures and special requirements of the procurement process among suppliers, contractors and public bodies; and under Section 17(2)(c) of the Procurement Act, Cap. 73:05 to organize training seminars regarding procurements. 

The Chairperson further stated that as part of the execution of the commission’s monitoring function, certain areas were identified for which the commission thought it would be useful to meet directly with Permanent Secretaries, Deputy Permanent Secretaries and Regional Executive Officers, being the accounting officers of their respective public procuring entities. 

The session focused on the following areas- 

• Role of the PPC – 
  • The Legislative Framework
  •  Mandate and Functions of the PPC
    • Training & Public Awareness 
    • Monitoring 
    • Investigations 
    • Legislative Reform
  • Administrative Review Process
  • Debarment Procedures  

• Section 39 of the Procurement Act, Cap. 73:05 (Examination & Evaluation of Tenders and Role of the Procuring Entity in approval of the Evaluation Report) 
• Section 11 of the Procurement Act, Cap. 73:05 (Publication of Contract Awards) 
• Section 12 of the Procurement Act, Cap. 73:05 (Inducements from Suppliers and Contractors)  
• Article 212DD of the Constitution of the Co-operative Republic of Guyana and S. 53(3) of the Procurement Act, Cap. 73:05 (Requirement to provide information) 
• Standardized Evaluation Report  

Fifty-nine (59) Permanent Secretaries, Deputy Permanent Secretaries and other Procurement Officers from the Ministries of Finance; Labour; Public Service; Housing & Water; Amerindian Affairs; Health; Agriculture; Human Services & Social Security; Public Works; Culture, Youth & Sport; Local Government & Regional Development; Natural Resources; Legal Affairs; Tourism, Industry & Commerce, Home Affairs; Education and Foreign Affairs together with the Offices of the President and Prime Minister; and Regional Executive Officers (REOs) or their representatives from all of the Regions save and except Regions 9 and 10 were in attendance. Additionally, fifty-nine (59) persons from the said public procuring entities participated virtually via Zoom. 

The Workshop was successful in imparting requisite information which generated fruitful discussions on strengthening compliance in the aforesaid areas and improving the procurement systems in the respective public procuring entities. 

Entities are invited to contact the Public Procurement Commission (PPC) on contact numbers (592) 226-3729, (592) 231-7306, and (592) 226-2364 for more information or to make a request for training. The Public Procurement Commission looks forward to continuing its collaboration with interested entities as it works toward fulfilling its functions. 

Dated 27th October, 2023 

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PRESS RELEASE

Public Procurement Commission to conduct Procurement Training

The Public Procurement Commission (PPC) once again collaborated with the Ministry of Public Service (MOPS) to train public servants from various ministries and government entities on public procurement procedures. The training is being held over a period of three (3) days which commences today, October 10, 2023, at the Ministry of Public Service’s training facility located on the corner of Vlissengen Road and Durban Street, Georgetown.

This training is being held as part of the Commission’s ongoing public awareness campaign to apprise stakeholders of the rules and procedures of the public procurement system so that they may better navigate, comply and benefit therefrom.

The PPC is mandated by Article 212AA (1) (b) of the Constitution of the Co-operative Republic of Guyana, Cap. 1:01 to “promote awareness of the rules, procedures and special requirements of the procurement process among suppliers, contractors and public bodies.” And, pursuant to S. 17(2)(c) of the Procurement Act, Cap. 75:03, the PPC is responsible for organising training seminars regarding procurements.

A total of 40 participants from various procuring entities is expected to attend this training which will cover topics such as:

• the Public Procurement Commission – who we are and what we do,
• the legislative framework,
• ethics in public procurement
• the public procurement process,
• strategic planning,
• preparing procurement plans,
• tender openings,
• thresholds,
• evaluation, and
• complaints and debarment processes.

The training will empower participants with information to improve the procurement system within their organizations. Entities seeking more information may contact the PPC on telephone numbers (592) 226-3729, (592) 231-7306, and (592) 226-2364 or via email at operations@ppc.org.gy.

Dated October 10, 2023

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