Government will urge the Public Accounts Commit-tee (PAC) of Parliament to start the process of identifying nominees for the Public Procurement Com-mission (PPC) and hopes that the body will be in place by December but in the meantime, Cabinet will continue to exercise its “no-objection” to contracts, Minister of Govern-ance Raphael Trotman says.
Both APNU and the AFC, while in opposition, had lobbied for the removal of Cabinet’s “no-objection” role in the procurement process. Accord-ing to the Procurement Act, Cabinet shall have the right to review all procurements the value of which exceeds $15 million. However, once the PPC is commissioned, Cabinet’s no-objection powers will be phased out over time so as to decentralize the procurement process.
Article 54 (1) of the Procurement Act reads, in part: “The Cabinet and, upon its establishment, the Public Procurement Com-mission, shall review annually the Cabinet’s threshold for review of procurements, with the objective of increasing that threshold over time so as to promote the goal of progressively phasing out Cabinet involvement and decentralising the procurements process.”
Though the Act was implemented in 2003, the Cabinet still holds full powers as it relates to its role in the procurement process owing to the fact that the PPC has not been constituted. Cabinet presently signals its no-objection to contracts and only then can they proceed. This “no-objection” role has been strongly opposed by APNU and AFC when they were in opposition.
Trotman told Stabroek News yesterday that Cabinet has considered and approved a paper for the establishment of the PPC, “one in which the role of Cabinet would be eventually removed.”
He said that government will be urging the PAC to commence the process of naming nominees to the Commission once the parliamentary body meets.
“It should be remembered that the PAC is chaired by the opposition. We are concerned that the seemingly non-cooperative mood of the opposition could affect this process and that of the Appoint-ments Committee of the National Assembly,” he said.
“Nevertheless, we will proceed with cautious optimism once the PAC is convened and in the meantime will use the “no objection” process as a filter,” Trotman added. He said that government hopes that good sense will prevail and the PPC can be established by December.
According to Article 212X (1) and (2) of the Constitution, “The Public Procurement Commission shall consist of five members who shall have expertise and experience in procurement, legal, financial and administrative matters. The President shall appoint the members of the Commission after such members have been nominated by the Public Accounts Committee and approved by no less than two-thirds of the elected members of the National Assembly.”
In September, the National Assembly approved the composition of several Parliamentary Committees. The PAC will be chaired by PPP/C parliamentarian Mohamed Irfaan Ali and comprise Pauline Sukhai, Juan Edghill, and Nigel Dharamlall from the PPP/C and Volda Lawrence, Jermaine Figueira, Valerie Patterson, Charandass Persaud, and Audwyn Rutherford from APNU+AFC.
