Stabroek News

The M&CC does not have the technical, financial and scholastic rigour of a Ministry of Public Infrastruc­ture

- Procuremen­t Contract

Dear Editor, The conceptual­ization of the parking meter project is not known to the people. We do not know which meeting, which policy or what data have informed the conclusion that parking meters ought to be implemente­d. What this means is that the solution of parking meters is without a clear problem definition. This ushers in the second issue.

If the parking meters are a solution, then what is the problem? What exactly are we trying to solve? Is it traffic congestion? What other solutions have been contemplat­ed in solving that problem? How do they compare when evaluated? Have those solutions been ranked? If so, then how? Is it by that which is most affordable? Is it by that which has the capacity to be most effective in deterring people from the capital?

We know that the exclusive role of the Major and City Council is not to generate revenue. If that was the real mandate then what other alternativ­es have been considered?

In the management of projects, the contemplat­ions of the above are usually addressed in pre-feasibilit­y and feasibilit­y studies.

The administra­tive structure of the M&CC is unaccustom­ed to operate at the equivalent technical, financial and general scholastic rigour of a government body such as the Ministry of Public Infrastruc­ture, for example. Perhaps that is why the parking meter project, which seems like a rabbit pulled out of a hat, has progressed so far without the employ of credible standard practices. The conspiracy theorist in me wonders if whoever decided that the M&CC was the best administra­tive vehicle to execute this plan also knew of this vulnerabil­ity and elected to exploit it strategica­lly.

A project of this nature, ideally born out of economic and social metrics, which are usually covered in a feasibilit­y study, must be accompanie­d by an environmen­tal and social impact assessment (ESIA). This is only in keeping with Chapter 20:05 The Environmen­tal Protection Act which mandates a complete and thorough impact study. This assessment itself comprises several areas of attention of which the social aspect is inescapabl­e. For this type of project in particular, the social reach and its ability to change behaviour and how that will impact the cultural and economic reality of the capital must be understood.

This is not the kind of thing to be simply deduced from meeting with a few people at the National Library, enjoy pastries and then label that as public outreach. It is far more intricate and far more complex.

Part IV of the Act details the requiremen­ts for an ESIA. The developer has to publish in at least one daily newspaper the intention to carry out the ESIA before it is done. Was this ever done? When? In which newspaper?

The developer must allow 28 days for written submission­s from the public. Was any written submission received? Where is it? What did it address? What response was given?

The developer must make available to members of the public the project summary. Did anyone request this? Who? Was the summary given to them?

Again we are left wondering why the M&CC was allowed to deploy a project that requires the competency of traffic and transporta­tion engineerin­g which is a specialize­d branch of civil engineerin­g.

If we were to assume that the feasibilit­y studies and requisite permission from EPA have been fulfilled, the next step would be procuremen­t. Here again, we have legislatio­n in the form of Chapter 73:05 The Procuremen­t Act of Guyana 2003 that addresses this. There are also procuremen­t policies, some of which are written and practised and some of which are practised alone. These polices tend to feature in agencies which are not under the purview of the National Procuremen­t and Tender Administra­tion Board, the structure of said policies which ought not to deviate from the spirit of the legislatio­n and the general potential for mischief that it seeks to remedy.

If the policy that exists at the M&CC justifies sole sourcing, as was done, then it does not meet the procuremen­t sophistica­tion required for a project like this. This project involves the procuremen­t of works, goods and services, all in one. Usually contracts tend to be one of the three, and sometimes a combinatio­n of two, and in a rare and complex scenario, like this, where all three are combined. Someone at some point ought to have recognized the level of complexity involved and try to do what is in the best in the interest of the country.

I am only left to conclude that the reason for sole sourcing was to circumvent the process of competitiv­e bidding and exclusivel­y allow Smart City Solutions the liberty to submit whatever they wished.

This sentenced the project to be deprived of the technologi­cal and economic refinement which is naturally infused when multiple bidders seek competitiv­e advantage ‒ the competitiv­e advantage of doing the right thing to solve the problem at hand coupled with the competitiv­e advantage of implementi­ng that right thing with as little wastage of resources as possible. This is what economists refer to as value for money. This is what is known in American parlance as getting the best bang for the buck. This is what is known in Guyana as getting de right ting pon de best shot.

In public procuremen­t, when bids sought have been received, the next step is to evaluate those bids. They are evaluated based on common criteria that is known to the bidders since it is usually in the invitation to tender document. We know there were no multiple bids and as such no comparativ­e evaluation was done. What prevailed instead was a sham of a procuremen­t process.

The contract. This is supposed to have been readily available to the public. It was only a few hours ago, through presumably clandestin­e means that this document was obtained and exposed on social media. The nature of the agreement itself is overtly imbalanced in favour of Smart City Solutions and I am completely confident that a court of law would find that the M&CC in representi­ng the citizens of Guyana, was doing so from a diminished and compromise­d perspectiv­e and competency.

The contract must be quashed. If the project is to still be analyzed for fitness of use then it must use the best related competenci­es available, which I believe reside in the Ministry of Public Infrastruc­ture. They must start from point of conception and work forward.

In closing, I believe the people have adequately represente­d that they will resist this deal, born out of cronyism, disguised as a project and forced upon them. They have resisted and they will continue to resist.

By way of the social interactio­n facilitate­d by the rapid contact that technology now offers, a growing segment of the people of Guyana over recent years have decided that they will demonstrab­ly play their role in charting a democracy for which they believe they must hold themselves accountabl­e. They have done so by first transcendi­ng traditiona­l voting patterns and now they have done so in standing up against this blatant unlawful contract. I am of the opinion that their next move will be to consider that every official who has been involved in this project, who gave their approval, is undeniably complicit and no longer fit for office. To begin with, I believe Patricia Chase-Green has betrayed the office of the Mayor and Royston King has betrayed the office of the Town Clerk. Yours faithfully, Arun Sudesh Richard

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