Roseau, Wednesday, May 25, 2016—The Public Procurement and Contract Administration Act No. 11 of 2012 is on course to be repealed and replaced.
Chief Procurement Officer within the Central Procurement Unit in the Ministry of Finance Oscar Seaman confirmed that information in a panel discussion about the status of the country’s Procurement Act on the Government Information Service (GIS) recently.
According to Mr. Seaman, the plan is for the new Act to be in effect before the end of 2016.
The decision was taken following a review of the Act by Public Procurement Consultant Patrice F. Pratt in 2015.
Pratt gave several reasons why the Act could NOT be used in its current form;
(i) Section 22 (1) of the Act requires the Board to make an order exempting from the Act, in whole or in part, procurements for which the Minister responsible for National Security certifies that confidentiality is necessary to protect the security of the State. However, Section 25 requires the Secretary of the Board to maintain a record of every procurement and order referred to in Section 22; submit a report to the Board, the Minister and the Director of Audit and published in the Gazette and on the Government website. Compliance with Section 25 would require the Government to endanger the essential security requirements of the State as protected under section 22 (1).
(ii) The Act contains blurred/conflicting lines of responsibility for several key actors, including the Financial Secretary, Permanent Secretaries, Finance Minister, and Chief Procurement Officer/Central Procurement Unit.
(iii) The Act legislates provisions that are properly categorized as regulations and procedures; while international best practices would dictate the reverse.
(iv) Section 34 (4) of the Act incorrectly permits a procuring entity to acquire research and development or experiment services by way of open competitive bidding, except where the research and development or experimental services result or are expected to result in the production of goods in sufficient quantity to establish commercial viability.
(v) The legislated responsibilities of the Board in respect of the procurement process and decisions of a procuring entity appear to be remarkably disproportionate to those of the procuring entity itself, despite the Permanent Secretary’s legislated accountability for the procuring entity’s procurement process.
Minister for Finance Prime Minister Hon. Roosevelt Skerrit first disclosed plans to have the Procurement Act repealed and replaced at a Chew On It luncheon hosted by the Dominica Association of Industry and Commerce—DAIC in June, 2015. At the time Mr. Skerrit told the meeting in reference to the Consultant “she sent us an emergency memo saying that we should convene an emergency sitting of Parliament to have this Act repealed because there are certain provisions in the Act that could cause injury to the State.”
The Central Procurement Unit has been holding consultations with the public sector on the proposals for the new Act that is expected to replace the 2012 Procurement and Contract Administration Act and intends to hold similar consultations with the private sector shortly. The Unit met with public sector bodies as follows:
• Permanent Secretaries—April 07, 2016
• Statutory bodies—May 04, 2016
• Public officers—May 05, 2016
• Village Councils—May 23, 2016
The Public Procurement and Contract Administration Act was passed in the House of Assembly in August 2012. The Procurement Unit within the Ministry of Finance was operationalized in March 2014.
They should just take the government to court and don’t give no time to reply by the following afternoon.Bcause they broke the law. They knew they broke the law. They almost got away with it. If they were not written to they would go ahead with the project.
Skerritt I sense an attempt to try and right a wrong with the dictatorial way the contract for repairs to the west bridge was handled.You know that you disregard the law of the land when you don’t open up for tender the bridge project.However you are too late on this one as the ink haskalread dried and in retrospect amending the act or replacing the act does not apply to this bridge unless you cancel the contract with the Bajan firm and get sued over it.”Doctah pweh kye” you messed up and you will pay one way or the other.
“Pratt gave several reasons why the Act could NOT be used in its current form” – That’s a load of horse manure. Why now at this time can’t the Act not be used? Are the honorarily bought doctor and his friends indirectly admitting to guilt for breaching the Procurements Act? No matter what Skerrit & co try, the Act in its current form, still applies as the legal basis from which JCCCS draws its right to file suit against the government. And jump high, jump low, the DLP is in violation of the Act.
So even if the law is going to be repealed? The fact is PM Skerrit broke the existing law. He should stop the project and do what is right according to the law. Shame on Messr Oscar Seaman for allowing the PM to use him to try to divert people’s attention from this illegal action by the PM
Bad is the wise man\’s pride, but chaotic is the fool\’s. He is going down – That Scare-it.
repeal the law just like the ipo.,so that the speaker can tell lenox read my lips…dont go there. minicans too sweet.
This time put it in plain English that people can understand and give it to the people to vote on. Let’s see if they are any smarter this time around.
this is my to pence idea,
Mr. Owen Arthur said it well when he said that Dominicans are less Educated than the rest of the Eastern Caribbean nation, I mean the man couldn’t have said it better, u see it’s not only having a Degree, a Diploma or Certificate in education that makes one an educated person
What a shame for us in the 21 century
Fly your kite….where are Saddam?….Gadaffi? They were bigger man dan you…Fly your kite.
Dear i say something is wrong with that man ? and his gangsters, for 16years now Linton and his spineless jokers can’t comes up with somethings new! This zombies out to be back ? under ground and don’t come back to hunt us.
.
They want you to revolt. Then you will see the militia come in. Since there is no unity among the people, they won’t watch your back. In DA, it is everyone for themselves. Very unfortunate.
that you THINK!! beware of a man who is slow to wrath and anger…….Dominicans playing coy… but we all know what Dominicans are capable of
Mr. LeBlanc, don’t trust this man. Your efforts will go in vain if you give him more time. He chose not to respond to you and now when his feet are in hot water he is asking for time? No pity no mercy on this disrespectful Dr.
While they asking for more time to respond to the court injunction, they planning to change the laws to make what was once illegal now legal.
DON’T GIVE THEM TIME.
Are we for real in DA? This act was passed in 2012 & reviewed by a consultant 3 years after it was passed and found to have all these flaws. Always doing things in reverse. Why are we continuing to accept this mediocrity from this gov’t? When are we going to hold this incompetent group responsible for the total mismanagement of this country? I am becoming more & more appalled at what Dominicans are willing to accept. No one cares, in situations where it matters most.
The PM is looking for an avenue to get away from breaking the law. Until act is repealed, it is the law of DA. Is this another case like the IPO Act? The IPO committee appealed a case involving the sitting President and instead of letting the matter go through the courts, the PM (as the 17 ministers have no say) decided to go to Parliament to reduce the commission members from 7 to 3 & appoint new members thereby bringing that court matter to a halt. As usual, the citizens remain silent.
I cry for DA.
Have you ever done something which you think was flawless and later realize there were errors or it was a mistake? Be broadminded.
They are human. Cease pressuring this government. This is exactly what some of you are doing, as if you could perform a better job.
Look at all the people who didn’t vote in the election for anyone. And then look at all the fools parading around the island in political caravans and the diaspora who flew in along with the rigged voting at the polls. Then you will know the answer as to why things are the way that they are. Too much pride and ignorance in DA for anything to get better..
Really my people?
Which President signed that law? Was it the Doctor of Laws? I know he left on September 17, 2012.
I’ll change the law to satisfy my actions!!!!
Skerrit made a boboo and now they are going to fix it and give him more authority,be not afraid my people the almighty is in control and will take back our once belved country,Skerrit time will tell,no manwill ever stay in power and brutalize his people,your judgement day will come.
Every other article is 20 million comments about one man.
Its like Trump. You all claim you hate him, but you giving him so much airtime that he must win.
When some of those same fellas was getting Labour work they were not worried about Act. Now they have bills coming out of their bodah, they suddenly find principle.
How many business get work and contracts based on who they know. Most of these JCCC whatever pay the ordinary people even less than foreign contractors.
Who want to be fooled fool yourself. This is about a small group of people wanting everything.
You stated it correctly. They want the entire pie. I hope they do not get it that, it backfires in their faces. They are solely interested in the money which can be the fruit of all evil. So they will try to pressure the government and sue to get the contract. These days some people are aggressive. Let us see how far or not this will go.
WOW!!! CAN THE GOVERNMENT DO THAT????
Can the government with blatant disregard for the existing Procurement Laws repeal and replace it without first dealing with Mr Le Blanc inquiry? Is this a coincidence or is this a calculated move to divert attention from Mr Le Blanc’s matter that needs addressing———–?
PLEASE TELL ME IT’S NOT SO… ALAS DOMINICA!!
Is that what is happening? If it is, where are the legal minds of Dominica?
CALLING ALL THE LEGAL MINDS, DOMINICA NEEDS YOU!!!
The legal minds in Dominica are in the Government 1man pocket their mouths are s shot while the sit and watch Dominica and Dominicans go down Roseau river in baskets made in China, only in Dominica.
Laws and regulations can be modified, changed or eliminated if they do not serve a good purpose. They are not Dogmas or Doctrines. These cannot be changed. They are there for life until the end of the world; not so government laws and regulations.
I don’t know who was instructed to write this release or why. This is a diversion tactic and shows that the government is in trouble. None of this is relevant right now and what matters is a blatant disregard of the existing laws that applied (and still do) when the contract was awarded. that is what should be addressed and not a possible repeal by a rigged parliament some time in the future. This has the sulphurous smell of the IPO- and amendments to the electoral laws all over it.
Did you say “chew on it luncheon”? What the heck is this? Sounds more like a “!choke on it luncheon” to me. You government operatives like the rats of Hameln, all following the pied Piper, not even knowing where is taking them.
Why is this motion taking place at this time? The PM broke the law and when he is threatened to be sued he it taking the same law to Parliament to be repealed. THIS IS MADNESS…..
FOR HOW LONG ARE WE GOING TO TOLERATE THIS LEVEL OF CRIMINAL BEHAVIOR FROM THE PM.
THIS IS THE SAME ACTION TAKEN WITH THE IPO Act.
WHEN WILL THIS MADNESS END?
WE NEED GOOD AND ACCOUNTABLE GOVERNMENT IN DOMINICA.
Bet your bottom dollar we shall see the convening of an emergency sesssion of parliament to repeal the existing act and nullify anything that went before it. New Skerrit strategy. Amend the law to make your transgressions legal. I think it is time to pack my bags and leave the morass with alligators all to himself.
skerrit always on the mission to shift the good post an have Dominican keep talking like fools cause he know that is all they can do.so sad.
My advice for Tony is to go ahead and sue the government for the 18 mil contract….
Did you mean goal posts??
Why now? Because the self acclaimed God knows that he erred. Bring him to court Mr. Leblanc Skerrit thinks he is above the law.
Nice going. I can guess the next thing on the agenda is to reduce the penalty for “inappropriate behavior” on minors to an apology by the accused. And make it retroactive to 2013. Sounds ridiculous? I think not.
This smells like a rat. 2012 labour party had a super majority in parliament. Thst is what happens when you have idiots incharge of a country, some of them would not pass a basic maths and english exams. That is also what happens when you have little/no/weak opposition and people are ignorant of what they are signing or don’t comprehend whst they reading (basic English exams). All the faults with the law should have been ironed out and fixed before being passed. besides, why not make amendments instead of full repeal and re-place. It has not even been fully implemented so how can you judge its effectiveness? This is absurd. This government needs to go and if Dominica does not see that then crapau smoke all you pipe. Wait crapau already gone. Smart crapau!!!
Shaka Zulu for president
The same Procurement Act that the Prime Minister allegedly contravened for in the West Bridge Project and the Roseau Enhancement Project?
Interesting.
Yes…..Can you believe that? This is madness. The PM breaks the law then turns around and repeals it in order to continue his ….. behavior. MADNESS…. Only in Dominica.
That is Communism at it’s max, all of a sudden, and we can’t got to Parliament to ammend the Bail Act and legislation to protect our children. I’m not blaming the leadership I’m blaming the people. Be careful My Fellow Dominicans what you silently tolerate and accept, it’s only when it reach home most of us understands but it will be too late
oscar ur grand parents raised u with morals
I sure hope the Children Protection act is revised before this procurement act – which is only now a heated issue because of skerit feeling challenged or rather, feeling that he should not be challenged when he erroneously spends the money of this country!
But then again, DOMINICANS only care about their love for skerrit or hatred for LENNOX; not for the future of their country – so I wont hold my breath!
I contribute to the Dominican economy in a meaningful way so I can say, not comfortably but, the administrative system in this country is maliciously and deliberately backward. This government controlled by its red advisors sees red only and NOT Dominica. I am afraid that lack of political education, lack of basic civic knowledge, respect and objectivity on all sides will result in social and economic decay. We see the growth in white crime and the hijacking of a justice system in a small country that’s too clear to see. Defending evil amid enonomic and social strife is counter-productive. Civil courtesy expects respect, fairness and equitable distribution of the national wealth. This applies to Dominica! The government, particularly the prime minister should not be allowed to get away with the wonton use of state resources. A review of the Act should not be an excuse to do the right thing at this point. Revoke the bridge contract.
If you resided in another country and contributed, you would make the same comment.