PRESIDENTIAL Advisor on Governance, Gail Teixeira, told the Guyana Chronicle yesterday that comments made by Alliance For Change (AFC) member Trevor Williams on establishment of the Public Procurement Commission (PPC) indicate that he is not “cognizant” of the legal provisions.

The Stabroek News reported on Tuesday, under the headline ‘AFC MP seeks to move public procurement commission process forward’, that Williams is seeking to press the Public Accounts Committee (PAC), on which he is a member, to move forward with the establishment of the PPC despite non-submission of the names of the ruling party’s nominees.

The Procurement Act stipulates that the PAC has to agree on five names to be submitted to the National Assembly in moving towards the establishment of the Commission, and that the PPC cannot be set up without the names being supported by a two-thirds majority in the National Assembly.

Teixeira said, “Williams of the AFC seems unfamiliar with the Procurement Act and the constitutional provisions. Whosoever are the five persons nominated, the names that the PAC agrees to submit to the house must receive a two-thirds majority support.”

She added that if the AFC is of the view that it can “roughshod” the ruling party’s members on the Public Accounts Committee, then it will be faced by the reality that the PPC will come only with a two-thirds majority support.

Teixeira noted that the laws governing establishment of PPC are clear in their requirement for consensus from all the political parties represented in the National Assembly.

“Whether the Government submits names or not, the fundamental issue is that the PAC must reach an agreement that requires all three parties. Williams seems unfamiliar with the rules,” she said.

NO OBJECTION
Moreover, Teixeira pointed out that Williams seemed unfamiliar with Government’s position on supporting the establishment of the PPC, which is that its no-objection role must be retained.
The Procurement (Amendment) Bill 2013 was read for the first time in the National Assembly last November. It aims to amend the 2003 principal Procurement Act by deleting subsection six of Section 54 by, effectively restoring Cabinet’s no-objection role.

Section 54 deals with Cabinet’s involvement in reviewing the award of procurement contracts, and the phasing out of its functions with the establishment of a Public Procurement Commission in the interest of decentralising the procurement process.

Subsection six states that: “Cabinet’s involvement shall cease upon the establishment of the Public Procurement Commission, except in relation to those matters referred to in subsection one which are pending.”
Without the Procurement (Amendment) Bill 2013, once the PPC is established, Cabinet’s no-objection role will no longer be effective.
Government’s position is that if Cabinet is clothed with the responsibility to be accountable to the National Assembly for public spending, the Cabinet must have a role in the procurement process.

Currently, the procurement process is decentralized at the level of ministry, regions, district tender boards and the Finance Ministry’s Tender Board. Contracts above the $15M mark are taken to Cabinet for its no-objection declaration.

(By Vanessa Narine)