Dear Editor,
There has been much debate surrounding the long overdue Public Procurement Commission (PPC), so well enshrined in the Constitution of the Co-operative Republic of Guyana (with amendments to 12th August, 2003).
The debaters however do not appear to have sufficiently informed the public of what the PPC is about, and more importantly, the nature of the impasse surrounding the expressed wish of cabinet to continue to ‘execute’ ‘no objections’ to proposed contracts.
The following articles extracted from the constitution may help to stimulate greater public interest.
212W. (1) There shall be a Public Procurement Commission the purpose of which is to monitor public procurement and the procedure therefor in order to ensure that the procurement of goods, services and execution of works are conducted in a fair, equitable, transparent competitive and cost effective manner according to law and such policy guidelines as may be determined by the National Assembly.
(2) The Commission shall be independent, impartial, and shall discharge its functions fairly.
212X. (1) The Public Procurement Commission shall consist of five members who shall have expertise and experience in procurement, legal, financial and administrative matters.
(2) The President shall appoint the members of the Commission after such members have been nominated by the Public Accounts Committee and approved by not less than two-thirds of the elected members of the National Assembly.
With regard to staffing of the Commission, the following Articles apply;
212Z. (1) The Commis-sion shall establish a secretariat comprising its officer and employees.
(2) The Commission shall appoint a Chief Executive Officer, who shall serve as Secretary, and such other officers and employees as may be necessary for the efficient discharge of its functions. The terms and conditions of the appointment of the Chief Executive Officer and the two most senior officers shall be subject to the approval of the National Assembly.
(3) The Chief Executive Officer shall be under the direction and control of the Commission and he or she shall be responsible for the other officers and employees of the Commission who shall directly report to him or her
(4) The Chief Executive Officer may, as directed by the Commission, attend meetings of the public procurement bodies.
It is particularly important to digest the functions of PPC described in Article 212 AA as follows:
212AA. (1) The functions of the Public Procurement Commission are to –
(a) monitor and review the functioning of all procurement systems to ensure that they are in accordance with law and such policy guidelines as may be determined by the National Assembly;
(b) promote awareness of the rules, procedures and special requirements of the procurement process among suppliers, constructors and public bodies;
(c) safeguard the national interest in public procurement matters, having due regard to any international obligations;
(d) monitor the performance of procurement bodes with respect to adherence to regulations and efficiency in procuring goods and services and execution of works;
(e) approve of procedures for public procurement, disseminate rules and procedures for public procurement and recommend modifications thereto to the public procurement entities;
(f) monitor and review all legislation, policies and measures for compliance with the objects and matters under its purview and report the need for any legislation to the National Assembly;
(g) monitor and review the procurement procedures of the ministerial, regional, and national procurement entities as well as those of project execution units;
(h) investigate complaints from suppliers, contractors and public entities and propose remedial action;
(i) investigate cases of irregularity and mismanagement, and propose remedial action;
(j) initiate investigations to facilitate the effective functioning of public procurement systems;
(k) enlist the aid of such persons, as may be necessary, to assist the Commission with expert advice;
(l) liaise with and refer matters to the police and the Auditor General; and
(m) do all other acts and things as may be necessaryto facilitate the efficient discharge of the functions of the Commission.
(2) In addition to the functions prescribed in this Constitution, the functions of the Commission may be provided for by law; any addition thereto in the Constitution shall be approved by the votes of a majority of all the elected members of the National Assembly but the removal or variation of any function shall be by the votes of not less than two-thirds of such members.
(3) The Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions to any one or more members of the Commission, or to such officers of the Commission as the Commission may determine.
What should perhaps fuel the debate is whether para (2) italicised above, could be regarded as an appropriate basis on which the insistence on executive ‘no objections’ can be grounded, for the consideration of the National Assembly.
How the argumentation may reconcile with Article 212DD quoted hereunder should invite further inquiry.
212DD. (1) The Commis-sion may require any person, or any entity, including a ministry or government department, to provide it with information-
(a) for the purposes of any investigation it is carrying out or proposes to carry out; and
(b) on the measures that have been or are being taken for the implementation of the decisions of, or the compliance with any provision relating to, the Commission.
(2) For the purposes of paragraph (1), Parliament may by law make provision for offences and penalties for non-compliance with any requirement, or decision of, or provision relating to the Commission.
Finally to peak it all, there is the following provision.
212EE. Parliament may be law provide for the establishment of a Public Procurement Commission Tribunal and such law may make provision for-
(a) the Constitution of the Tribunal;
(b) all matters relating to the jurisdiction, powers and duties of the Tribunal;
(c) all matters relating to appeals from decisions of the Tribunal to the Court of Appeal; and
(d) the practice and procedure of the Tribunal.
Hope there is no objection to the above recital.
Yours faithfully,
EB John
