The Joint Chambers, Joint Consultative Council (JCC) and Trinidad and Tobago Transparency Institute (TTTI) yesterday called on the Government to withdraw amendments to Section 7(2) of the Public Procurement and Disposal of Public Property (Amendment) Bill, 2020.
In a media release, the Joint Chambers—comprising the T&T Chamber of Industry and Commerce, AmCham Trinidad and Tobago, Trinidad and Tobago Coalition of Services Industries (TTCSI), and Trinidad and Tobago Manufacturers’ Association (TTMA)—along with the JCC and TTTI said the Government should commit to a definite date for the laying in Parliament of long-promised Regulations to operationalise the Act.
The groups threw their support behind Procurement Regulator chairman Moonilal Lalchan stating, Lalchan published a release on December 3, 2020 stating that The Office of the Procurement Regulation (The OPR) has reviewed the Public Procurement and Disposal of Public Property (Amendment) Bill, 2020 and agrees with all of the amendments except the proposed Clause 5, which seeks to amend Section 7 of Act No. 1 of 2015”
“Stakeholders emphasised that Section 7 should be given an opportunity to be tested since there is a real possibility that local suppliers/contractors may be deprived of a fair and equitable chance to participate in procurement proceedings. Any variation to this provision may undermine the objects of the act, namely accountability, integrity, transparency and value for money,” the OPR statement stated.
“At all times, stakeholders continued to emphasise that these arrangements under section seven, ultimately will be repaid with public money, and so, these transactions should fall within the ambit of the act thereby achieving the objects of the act, especially the principle of value for money. Additionally, there should be no exclusion from the OPR’s oversight, in respect of the procurement of legal, financial, accounting and auditing, medical and any other service as the minister may by order determine, by public bodies or State-controlled enterprises,” the OPR said.
The Joint Chambers, JCC and TTTI agree with the points put forth by the OPR that this amendment serves to undermine the objective of the Act – and specifically, accountability, integrity and in particular – Transparency and Value for Money, they said yesterday.
Backing OPR
It added, In this regard, The Joint Chambers, JCC and TTTI support the position of the OPR in the following considerations outlined in his statement:
1. Thorough consultation from 2018 to present with various sectors and 1,400 suppliers/contractors resulted in stakeholders reiterating that there should be no amendment to section 7
2. Local suppliers /contractors may be deprived of a fair and equitable chance to participate in procurement proceedings
3. Arrangements which are repaid with public money fall within the ambit of the Act, especially the principle ‘Value of Money’ and should have the oversight of the OPR—without exclusion.
“On Friday, in the Lower House of the Parliament of Trinidad and Tobago, a decision was made to pass changes to the legislation on Government procurement. The changes were passed based on a simple majority. Section 7.2 is amended to exempt, ceteris paribus, government to government contracts.
“The Joint Chambers, JCC and TTTI stand firmly in support of the Public Procurement and Disposal of Public Property (Amendment) Bill 2020 which the Associations deem to be in service of the public good. However, The Joint Chambers, JCC and TTTI do not support the introduction of Clause 5 which seeks to make amendment to section 7 as this would act in contravention to the intent of the entire Act, thereby limiting its purpose, it stated.
The Joint Chambers, JCC and TTTI said, “This Bill is still yet scheduled to go to the upper house (Senate) for debate on Tuesday. In view of the above considerations, we call on the Government to withdraw amendments to Section 7(2) and commit to a definite date for the laying in Parliament of long-promised Regulations to operationalise the Act.”
“The Joint Chambers, JCC and TTTI recognise the Public Procurement and Disposal of Public Property Bill as the foundation for transparent, accountable process that relies solely on a fair and equitable process for all,” the release ended.
