Procurement laws need re-evaluation - Nandlall
Attorney General and Minister of Legal Affairs, Anil Nandlall, says that Guyana’s procurement laws are archaic and need re-evaluation, and once this is done delinquent contractors will face the full brunt of the law.
Nandlall made this disclosure on Monday at a press briefing held at the Arthur Chung Conference Centre, Liliendaal, Georgetown, where he provided updates on the progress of his ministry.
In response to a question posed by Stabroek News regarding the Public Procurement Commission’s (PPC) lamentations over its inability to subpoena witnesses under the existing legislation, the Attorney General said this will be reviewed.
“I agree that the Public
Procurement Commission Act is over two decades old and as a result will have to be reviewed shortly during this year, so that we can further enshrine accountability and transparency, but most importantly to ensure that contractors deliver their projects on time.”
He continued “They [contractors] must deliver quality work contemplated by the contract and there is a regime of penalties that will be imposed when there is a breach of those obligations followed by mechanisms that will allow for a fair and transparent system for blacklisted contractors who are guilty of repeated breaches of contract.”
The AG warned that the modified legislation will not hesitate to hold accountable, delinquent contractors who are known for not honouring the terms and conditions of a contractual agreement.
Critics have contended that the previous PPC under chair Carol Corbin carried out full investigations under the current laws and drew up procedures for the debarring of contractors. It has been argued that the current commission under chair Pauline Chase should be able to do the same under the extant laws and that the claim that it doesn’t have powers of subpoena is just an excuse.
In a historic move in October 2019, 13 companies and persons were debarred for varying periods by the PPC from getting government contracts. The development followed the approval that year of long-awaited debarment regulations.
While Nandlall’s remarks on Monday were solely for public contractors (individuals who are contracted by the government to carry out developmental works in various projects), questions were asked about the numerous complaints from citizens regarding “delinquent” private contractors.
In response to these questions, Nandlall said, “We can only speak for the government sector but private citizens who are engaged in contractual agreements with private contractors, need to be cognizant of whom they are dealing with.”
He added, “However, there are laws enshrined in our constitution which deal with persons who are confronted by contractors who failed to discharge their duties or functions and the aggrieved party has the right to take the contractor to court.”
The AG however advised citizens to do their due diligence when hiring the services of private contractors.
The Minister of Legal Affairs recommended that those citizens who are engaged in multi-million dollar projects seek legal advice before entering a contractual agreement with a private contracting firm.
“When you don’t do that, you are bound to find yourself in serious problems.”
The Minister said while the government cannot become involved in transactions between citizens and private contractors, he urged citizens to utilise discretion when entering contractual agreements with companies of this kind to avoid fraud.