The govt. must have a conditional No Objection role in Procurement

December 23, 2013 | By | Filed Under Letters 

Dear Editor, There seems to be a misunderstanding of the meaning, of the words, “No Objection” to be issued by Cabinet. This No objection will not affect the independence of the Procurement Body (PB)= Public Procurement Commission(PPC) + Tender Board(TB). The Cabinet review, comments, and the No objection will be based on a pre-set Procurement Plan and Procedures(PPAP) for each Inititiatives/Project of Procuring Works, Goods and Services. Initiatives, Programs/Projects are identified in annual national budgets, as Parliamentary appropriation, based on manifesto/needs etc. AT the inception, Initiation documents prepared by the government with inputs from the PB, set the goals, objectives, related issues, possible risks, preliminary criteria, timing, Class D estimates, addressing what, where, who, when, and why, with preliminary quantification and qualification,  prioritize needs as critical, necessary, or desirable, with criteria for stakeholders satisfaction. A Procurement Plan and Procurement Procedures can be set now and revised after the Feasibility study is done. The PB has the responsibility to implement, award, control, evaluate all initiatives, contracts etc after the review, comments and No Objection of Cabinet, based on the Procurement Plan and Procedures. Cabinet has no authority to approve nor disapprove. An agreed PPAP for every initiative/project will reflect: a) contracts and details b)methods of procurement —competitive, selective, prequalification, prior short list c)rewiew procedures/criteria by PB and Cabinet. d)pre approved evaluation criteria for the executing agency e)Terms of Reference review and how it meet the initiative etc Some Criteria of the Procurement Plan And Procedures (PPAP)which cabinet will use to review and  issue the No objections are: 1)Have the criteria in PPAP been met. 2)Do we have the right alternatives 3)Is value for money achieved 4)Were all bidders provided with same information and opportunity to bid 4)Has domestic contracting/manufacturing been encouraged 5)Is the process Transparent 6)Has Treasurary Board stipulations been met. 7)Has Quality and Quantity been satisfied 8)What are the activities that can prevent timely completion? What mitigation and at what cost 9)What risks  are involved and at what cost 10)Are prices consistent with market value 11)What are the possibility of cost overrun? What %? Should government contemplate budgeting for cost overrun? 12)Is their joint ventures with local companies for transfer of technology? 14)Have consultants and contractors meet all bonding conditions, Liquidated damages, submitted accurate informations. 15) Are there contractors black listed or accused of mal practice 16)review documents, bid evaluations, recommendations and contracts to ensure that the process was consistent with the PPAP. 17) Fraud and Corruption: Fraud and corruption include acts of: (i) corrupt practice; (ii) fraudulent practice; (iii) coercive practice; and (iv) collusive practice. - A corrupt practice is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of another party; - A fraudulent practice is any act or omission, including a misrepresentation, which misleads, or attempts to mislead, a party in order to obtain a financial or other benefit or to avoid an obligation; - A coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or property of the party to influence the actions of a party; and - A collusive practice is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party. (See IDB Procurement) We are now alleging that the government is corrupt, so Procurement must be the responsibility of the PB. What prevents the PB from being corrupt? Therefore, the only redress, is the No Objection by cabinet as an oversight, to ensure all criteria is followed in the PPAP. Pt. Joe Persuad

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