-former PS admits rules were bent for contractor

FORMER Permanent Secretary of the Ministry of Legal Affairs under the APNU+AFC, Joylyn Nestor-Burrowes, on Monday, acknowledged that procurement laws were breached when a contractor was allowed to carry out works without a written contract.

Speaking as a member of the PAC, Minister of Parliamentary Affairs and Governance, Gail Teixeira joined by Public Works Minister, Juan Edghill raised serious concerns about the contract.

The Auditor General in his 2019 report, said that the contract for upgrading of main electrical breakers to facilitate a solar photovoltaic (PV) system was awarded by the Ministerial Tender Board in the sum of $852,180 to the lowest of three bidders.

As of December 31, 2019, the full contract sum was paid to the contractor.

An audit examination of the payment voucher, related documents and the physical verification revealed that certification of the inspection works and the defects liability period was done one month before the contract was signed.

According to the AG’s report, the contract was signed on July 29, 2019. However, the certification of inspection works was done on June 16, 2019, while the defects liability period was listed as June 15– 16 June 2019.

During the PAC hearing, Nestor-Burrowes, when questioned about the contract, said: “I don’t recall if the contractor was not available at that time, but it was [the] lowest contract. I really can’t remember to tell you the truth of God right now.

“To avoid major disruptions of the ministry’s work, the project was given some amount of urgency…we agreed we would have breached the regulation,” the former PS told the Committee.

Both government and opposition PAC members emphasised the need for a strong message to be sent to accounting officers.

“… I’m saying to you that it is not something that should be tolerated at any point in time and the fact remains that checks and balances and systems that are in place ought to be followed… What you did here was to clearly make the system a rubber stamp. That cannot be tolerated and must be [dealt with],” PAC member Ganesh Mahipaul said.

PAC Chairman Jermaine Figueira said that the committee stands resolutely to ensure that every accounting officer is held responsible when they are executing their duties on behalf of the state or an agency.

They must follow the law to the ‘T’,” Figueira said.