The government has responded to queries about a contract given to a Barbados company, saying it is legal and does not violate the Public Procurement Act.
Attorneys for the government have based their argument on the fact that a Memorandum of Understanding (MOU) for works for the development of Roseau, including the reconstruction of the West Bridge, existed before the Act came into force in 2015 and the matter was an emergency after Tropical Storm Erika which had to be addressed by the government.
The Joint Consultative Committee on the Construction Sector (JCCCS), a local construction fraternity, had raised concerns over the manner in which the project was given to a Barbados-based company and had given Prime Minister, Roosevelt Skerrit, until 4:00 pm last Wednesday, May 25, to respond or face legal action. However, the government asked for more time, which was granted by the JCCCS.
The JCCCS had raised questions over the procurement of the project in line with the Public Procurement and Contract Administration Act and the fact that there are local companies capable of doing the job.
Senior Counsel, Anthony Astaphan laid out two positions on the behalf of the government on the matter.
“We have indicated two positions on the behalf of the government,” Senior Counsel Tony Astaphan said in an interview with state-owned DBS Radio.
“And both of these are that the award of the contract for the works on the West Bridge, the dredging of the river and the northern walls were not in breach of the Procurement Act.”
He explained the first position.
“The first ground is that there was in existence prior to December 2014, negotiations and a Memorandum of Understanding, re the development of Roseau, which as you know included the reconstruction of the West Bridge and that Memorandum of Understanding and the various discussions for the design and the works continued up to the day the Act came into force in January 2015 and thereafter the contracts were signed afterwards,” he stated. “Well in turns out that there is a provision in the Act that says that such a contract is unaffected by the award, and the granting and the making of such contracts are exempted from the provisions of the Act but that they should be administered, meaning managed, in accordance with the provisions of the Act. So on that basis there was no contravention of the Act.”
Astaphans said the second position was based on the devastation caused by Tropical Storm Erika and it was an emergency that has to be dealt with.
“After the extraordinary devastation that took place after Tropical Storm Erika with people losing their lives and properties and villages being destroyed, the government had to prioritize the various emergencies and danger zones that occurred,” he stated. “One of them was in fact, the Roseau River because Erika had risen the bed of the river to high levels, it had damaged the walls of to the northern side which posed a potentially greater threat than existed before and additional damage was being done to the bridge. These are clearly emergency situations. It doesn’t matter whether it takes a month or two to sought it out, it is an emergency situation, the government decided to enter into the contract with the contractor, the same contractor that it had the Memorandum of Agreement with in 2014, the same contractor who had undertaken to design, to reconstruct the West Bridge.”
He added, “So the government was confronted within the context of an emergency situation – potentially dangerous situation, with flooding because nobody can predict when flooding would come and flooding does not come only during the hurricane season – that to engage the company that had already agreed in principle a contract to rebuild the West Bridge, to do the dredging and the river walls and as the Prime Minister has said before, one of the terms of the MOU is that local subcontractors are engaged on a competitive and competent basis.”
DNO is seeking a response from the JCCCS.
There is no mess up. The gov. in power is responsible for the country and all the people herein. The poor people always the ones causing trouble because they want something for nothing. Under the sweat of thy brought does shall live.PM has friends in high places so he is always a winner. We will teach you a lesson on the 7
Whatever happen to the Credit Union and the Post Office
who had the contracts was it local contractors…Everyone
will get something out of the contract…Dominicans will be employed
by the project,,, The bridge is an “eyesore” …Does everything has to
be political?
This is such a lame and incoherent excuse by the Skerrit regime. These excuses does not satisfy the fact that because of the storm it was done in an emergency manner and the contract was awarded to a foreign company. The bottom line is, there are qualified Dominicans who are capable of performing these tasks. You can fool your RED CLINIC recipients, but not politically savvy Dominicans.
I am honestly trying to get your point you know. the explanation given in the explanation of the government lawyer needs to be disputed with FACTS which you yet to do. convince me otherwise with the FACTS Mr./Mrs. FACT. Am I getting from you the once a contract can be done by a Dominican and it is given to a foreign company that makes it illegal? I WOULD HATE TO BELIEVE YOUR IGNORANCE LEVEL IS THAT HEY. But I am still awaiting for your FACTS the substantiate your lame point. ok FACT.
In Dominica language! whosoever build the bridge is not going away with it .the bridge stays in Dominica for the people. Too many times you give a contract to the locals and you have to get outsider to complete the work. AAGABRIEL, they sent you to study, you came back and drop your standards for three reasons,,I know why, the lord knows why and the third I am not allow to mention. Improve your life style, move up the ladder. PM is not a Jehovah witnesses, read the news papers, listen to news keep yourself informed. I don’t have to tell you more because I am not getting paid
Yap, another day and set of Dominicans fooled, another slap in our faces, another “I am the PM you all are beneath me and will stay that way”, another who are you to tell me what to do, another I do as I please so shut up, another sad time for Dominica and Dominican work force.
I don’t know any better, so please educate me. Should not all these MOU I keep hearing be available to those of us that want to know what they entail. Does Dominica have something like a freedom of information act which forces the government to release that information? I could understand if the the information would compromise our national security, which we don’t have anyway?
I would not believe that if it meant producing blood to save my life; that might be another wiggling lie fabricated by Skerrit and his lawyers. If the opposition, and their lawyers are sure that there is a violation, the only way to resolve this is to take the matter to court, and present the evidence to substantiate their complaint.
Skerrit, and his lawyers are not the judge, and jury of the land; no lawyer can give 100% guaranty to any client: be it the government, or a private citizen the outcome of a case as to whom wins before the case is heard. That’s a bluff, he hand picked his people, without allowing others to bid; that is illegal.
Last year I sue an Montage Company because they damage my credit. They try to settle the case out of court, and offered me fifteen ($15,000.00) to get rid of me, stating if I go to court I will loose; they told me they prefer to loose in court than give me one dime more.
I retaliated by saying I prefer to loose, get nothing in from…
I retaliated by saying I prefer to loose, get nothing in from the court than to accept their insult, and I remind them, if I am awarded one dime by the court, I will then sue for punitive damages, which could be in the millions. Two days after I told them that they settled with me for what I wanted! This is the second time I sue that same company and prevailed.
Only the court in Dominica after the case is heard has the power to decide right from wrong; because Skerrit, and his lawyers interpretation of the law might be different from that of a judge!
Francisco , please stop taking crap tell that to people who have never been to big countries you are a lier, anyway that is not the point the point is Dominican government has got every right to give the contract to any company within the carricom islands it just happened Barbados was better place than any one else carricom market is the same as the European market some of us will not be fool by some jackass.
Talk about case in public. A law passed in parliament in 2012, MoU in 2014, law in effect in 2015, contract signed in 2016, controversy, law to be removed in 2016. A MOU is not final and binding. The scope of work changed before an agreement was signed and after the law got into effect. So that should be under procurement. This government is freaking around you people and everytime they screw up tony astaphans makes loads of money. Just like in the old days Astaphans continues to get wealthy on the backs of ignorance of a dumb nation. I dont blame him. Milk those idiots. Skeritt has made you much more wealthy.
Bogus. Just a play with legal lingo. The JCCCS should file an injunction.
The injunction cannot stop the construction. All it can do is if the case is successful, the JCCCS will be entitled to assessed lots of earnings and costs. can you imagine an injunction is filed and the matter drags in court for another five or so years? Then the whole process has to start all over again. The cost of materials sktrockets because the price of oil is not expected to remain so low for much longer. Is that what we want for Dominica? Ofcourse UWP supporters will wantthat because at the endthey can say that government is not doing anything. If they can look the people of Scotts Head and Pointe Mitchel in the face and tell the Dominican people that after 16 years the government has done nothing for them. Eh las!!! That is what you call desperation for power.
Awa we, Oh boy i would love to see that one just one thing tell Linton before he file an injunction make sure his supporters pockets have lots of money ? becauseMr.Tony Astaphan will eat all the meat and leave the bones on the floor so go ahead try and be foolish.
this is marcaquis . one day toonee and company must run out of legal tricks.
thats right Tony and Skerro, put wood in their behind. a set of stupid people who keep getting played over and over. they dont learn their lesson and they refuse to do something about it. Matt open the line for them to talk some more. Bridge will start, all who have to get the thing on the side will get and the country nice
Sweety even though this guy Tony mentioned it was legal that doesn’t mean that it is in fact legal,,,the JCCCS should take them to court,,,let the judge decide.
It had to take a threat of legal actions for Tony and Skeritt to inform Dominicans of an emergency as his reasons concerning the repairing of the bridge. A leader who is honest to his people would have informed them of his Government’s decision from day one, considering their are already three bridges in the area. Especially, the awardee is a foreign company. We have heard those types of excuses on so many occasions, it is difficult to believe Skeritt. Here we go again, no law no constitution can prevent me from doing what ever I want. On the day of the ground breaking, didn’t Skeritt tell Dominicans that the repairing of that bridge was the first stage as regards the commencement of the beautification of the capital city, Roseau. Skeritt is going to repair his bridge, the Bajans are going to get their money, and as usual, no damn dog back. Tony and Skeritt are going to fire their champagne, and Dominica moves on.
We the people move to request that the MOU be disclosed, in order to be reconciled against the procurement act of 2015, we would also request your honor that senior counsel disclose the dates for awarding of the contracts and that this information also be included in these findings. we would also like to request that the court subpoena the defense to provide said documents should they refuse to do so. also your honor in light of the opportunity before us; and in order to better serve the people and the court your honor, we would request that similar contracts in the past be reviewed to provide context that we may better understand the manner in which procurement has been carried out between the time of the the enactment in 2015 to present..
Although I dare suspect you already have atleast one of the answer to your questions, I think these are the kind of commentary/questions the ordinary citizen can undertake since we do not know the intricate details of the law of contracts, MOU vs contracts etc. Most of our people are swayed by one or more partisan based point of view. Very reasonable observations
Wow.Love your comments.This illegal activities must stop now.Time to take back the island.Enough already.
The man is a defense attorney,, ,That is what defense attorneys do defend their clients
Since there is a disagreement I hope the matter plays in the court
and there is no unrest in the country as previously mentioned
Dominica I praying for you
This is all messed up…and persons in Dominica cannot get the contracts and jobs..we all have to EAT you know…Lord Have Mercy on Dominica
Love i you are talking pure crappie, their is no mess from the Government side, it is Linton and his bush Doctors that is making big noise out of nothing that lot should visit voodoo man to have a good bath ?.
Who have contracts to move the soil? Who have the contracts already to provide transportation? Who have the contracts already to supply construction materials and concrete for example? Who have the contract for rental of office space, residences? Who have the contract for a myriad of activities on the project? Wouldn’t the sub-contractors be paid for their services? Aren’t these Dominicans?
Why is everyone so concerned about tony , is he a member of parliament or a constituent representative , i really would like to know,he keeps waddle his mouth into things that has nothing to do with him in terms of the government , are they asking him to talk on their behalf. tell me please
@headz May 30, 2016
You would have done yourself a favor if you did not write this thought of your mind; here you are showing the world how stupidly you think.
Yes, Mr. Astaphan is the Senior Council to the Government–his responsibility is to speak on their behalf.
Let us apply commonsense; a river that has a span of four (4) bridges within a radius of a quarter mile ( the most in the entire world) How does that one bridge amount to an emergency? Smart Tony but not clever!. If the bridge has been declared no longer safe for vehicular traffic where is the damage assessment report? The commonsense approach would be to demolish the bridge or reduce it to a pedestrian walk which would be the better option. I\’m not a legal luminary and therefore wish to leave it to the legal minds to ague the merits or demerits of the Act. But i would say this; how comes this DLP government always seeks to exploit the weakness of the laws of Dominica to promote there agenda? Despots!!!!! that\’s what they are; \”make a mockery of the law and have the law protect them same time\”.
JJ! Have you ever taken advantage of a situation where you haev the clear advantage? When the UWP was in power, do you know of any situation wjhere they took advantage of their position in the governance of the state?. Case in point. Remember the famous Mahaut bye-election in 1996? Remember the State of Emergency that was declared a mere 36 hours before to prevent the DFP from having its final rally in Mahaut? Remember the timing of that announcement? In case you forget. The nation was told of the state of emergency the Saturday afternoon giving the opposition DFP absolutely no opportunity to seek judicial redress for what was a very high handed and abuse of the law action. Who drove through Mahaut with a massive motorcade during the state of emergency taking full advantage of their position in government? JJ let your conscience be your guide or conversely eat your heart out.
This must be the easiest case Tony ever had to handle. He had his VERB; subject and his object. If you are given funds to repair a bridge, you are not allowed to use the funds to repair a boat. A stitch in time saves nine
Tony Astaphan is up to his legal machinations and tricks again, to take advantage of the stupidity of an illiterate populace. Tony’s nonsense is not aimed at those with a minimum level of intelligence but those who are so stupidly red that they believe anything that he says.
Skerrit is not man enough to face the population so in the last few days he has dispatched Tony Astaphan and Nuri Klatz to do his bidding for him.
How can Anthony AStaphan insult the intelligence of Dominicans and tell them that the government signed an MOU in 2014 with the Bajan company so in 2016 they can sign a contract because the MOU existed before the act came into effect before the Act was automatically implemented in January 2015.
Then he comes with an emergency clause in the act. If they are saying that the Act did not apply to the contract why the hell are they using the same act to justify the project as an emergency?
It must be noted that Tony pays big money to Q.Cs to win cases but he is dumb.
Last time I checked there was no shortage of lawyers who do not support the DLP and/or Govt, and several who are positively actively opposed. It is therefore bizarre to see people fretting themselves so much at Tony’s opinion. Do I take it from this that these complainers have no faith in ‘their’ lawyers?
come on people, are we waiting for the bridge to fall down completely before we deem it an emergency
?
Yeah right Tony. This government never wrong in your books! Guess if it was 1995/99 you would not only crying corruption but also for forensics
What is going on with some black people in Dominica you lots are that stupid? Prime minister Skerrit and his government is working hard to give people a better standard of living but Linton and his spineless desperrados want to mess things up, some one said to me God made Linton well if he did he sure done a bad job on him.
@Sixty nine May 30, 2016
I embrace your whole comment, but the last part is funny, you made me laugh.
But it is true, God made everything, especially us, human beings for a particular reason. He made Judas Iscariot as well, because He would use him to shine His glory.
Didn’t Judas pointed out Jesus to those who wanted to kill Him? But Jesus rose from the grave to us Life through His death–but good heavens! I am worried about what could happen to our Dominica, before God is glorified through us.
So when last you had a good look at yourself in the DLP mirror? I wonder what would you see
I am not a lawyer.so I cannot use the law to support my opinion.I believe it would be better if the Government had advertised this project (the bridge) and allow contractors in and out of Dominica bid for the job, and since the government is not obligated to accept the highest or lowest bid.Then the authorities would use their common sense,(if they have any)and give the contract to a local contractor and let a few millions remain in struggling DA.I do not buy the argument that the Bajans will give the local contractors a little job here and there.That is LIKE GIVING HAND OUTS IN YOUR OWN HOME.
Let us changed the shoes for a moment.Would the Barbadian Government do that.No wonder so many Dominican’s want to leave the country.
well here we have it,make good your threats jcccs….bring it on,prove tony wrong
Emergency? 8 month after Erika you still declare that as an emergency? Isn’t the bridge still standing and traffic using it as we speak? Emergency? What about the other projects where communities are still cut of? No emergency there? This government is taking it some steps to far now. They are making fools of us on a daily basis. This has to stop and we need to stop them now.
You are so right. I am not aware of any restrictions or warnings having been issued regarding the use of the existing bridge since Erica, which one would expect if this was a tn emergency. The governmnet is clutching at straws and dishing out red herrings.
People of Dominica you a in the drivers seat take all the actions possible to stop this Government show then that they cannot just take the monies that belong to the Dominican people and give away to settle election score. Where is the emergency the bridge is still standing so who they are speaking too, plus they don’t have that kind of money handy it’s in Panama and they thought they could have drawn it out before all hell broke loose, this Government got caught with there pants down… POWER TO THE PEOPLE.
It just bothers me when people turn against others just because one of their wish was not granted. What kind of friend and supporter are you? You were just a pretender to get what you want. My PM, be careful of these Sheeps in wolves clothing, they are snake under grass. There are many more! I will continue to pray for you PM, you will continue to defeat every attack of the enemy! Shame on you Steve! I am totally disappointed in you Steve! PM, look out for those frenemies! I remain your supporter through thick and thin! That is what a genuine friend does. If he sees you falling by the road, he assist you, and guide you, he doesn’t lash at you in public.
And here goes another brainwashed one!!
Stop using Erika l. The Act supersedes any mou cause Steve could show an MOU in 1998 and give your excuse.
12 senior citizens lost their homes through the passing of TS Erica…..forget that too!!!!!
good job tony . let me see their next move. all the way with the labour party.we don\’t talk just for talking shake. when we talk we are heard and felt.
You sad little beggar!!
You are not only a lazy begging individual,but you sound extremely stupid!!!
I like your assertion that Tony Astaphans is not the only one versed in law. That is a fundamental truth. The difference though between this learned counsel is that he has a long and very enviable record of winning cases at various courts across the Caribbean where PM Skerrit ha snot jurisdiction over. In case you want to say that he has bought the Dominican Courts. if you will for a brief moment “stifle” your partisan persuasions you will admit that this is a most enviable record that most lawyers here would be happy to have. Now go ahead and say he has bought the judges and other officers of the various courts around the Caribbean and see how foolish you will sound. Not even Lennox would agree with you because he would be happy to have a lawyer with the skills that Tony has on his side now. the truth be told. Tony has lost many cases – big cases too. It says that he has his own limitations too in practicing the law. That too you can agree with me.
Give me a brake Tony Astaphan knows how to corrupt the legal system and those who call themselves Magistrates and other lawyer just like him and the shameful thing about his moves it happens in other Island why don’t you catch up on the learned lawyer as you call him see what you find out for yourself.. corruption is a sickness and he is second in command after his Boss, Linton would never want a lawyer like Tony ever.
Patriotic or lunatic witch one are you well shut up or get back under a rock stupid ?
Oh no Tone-tone, dat doh good partner. We going to court period! STOP abusing Ma Dominique for gains by the Cabal and its apostles.
Always assertive!
RUBBISH!! LIES!! LIES!! AND MORE LIES!!!
So the government asked for more time —- if that story is the truth why was it not told at the time that JCCCS raised the questions?
DOMINICA —- ALAS DOMINICA!!!!
Boy look jokes ! I cant stop laughing – Are we that gullible of a people? When are we going to teach Tony a lesson???
Males no sense to me. With all the other emergencies in Dominica where roads are concerned, that bridge takes priority? We have functioned with two bridges across the Roseau river for many years, and yes, there are more vehicles today, but look at all the other bridges and roads that need repair. I think this is one of the most stupid argument put forward by Tony – it makes no sense.
Abserver, you don’t get it do you, that old Bridge might come down at any time if we get heavy rain ☔ or people get hurt even kill what would you haters have to about that then, : By the way Tony Astaphan job well done we LOVE YOU God bless.
The man laid out a legal opinion, let us hear the response on this opinion from the other side, not because you don’t like Tony that does not mean he is wrong.
Way way way……here we go again……technicality ……..Dominica nice boy…..that is lie teacher say don’t tell lies or else you will go to hell as soon as you die…D Asst. braying again…..only in Dominica eh! But time will tell.
Tony is charged only with one thing and that is to do his JOB well..technically tony has no responsibility to defend the cause of Dominica over the cause of his paymaster.
Dominicans should be more concerned about a Prime Minister, they elected that time and time again would go to great lengths to defend his own will over what is best for lovely Dominica.
I can not see how much more justifiable as an Emergency, can a bridge in Roseau (not being the only exit bridge) be over the several bridges and bypasses that have been created on the West Coast Road after TS Erika. Why specifically that Bridge, when many displaced families still don’t have housing? many Farmers still can’t reach their farms..
I don’t blame Tony, I blame the people of Dominica and their Prime Minister…
Anthony Astaphan, you seem to believe you are the only one versed in law. I would like to hear other lawyers on this, especially those who specialise in procurement law.
I do not believe a MOU takes precedence over a law enacted by the Parliament of Dominica. Second, the construction of the new bridge cannot be treated as an emergency since it is still being used by both motorists and pedestrians nine months after TS Erika. Moreover, a project that is to be competed in 12 months cannot reasonably be deemed to be responding to an emergency. Spin again and come again, Mr. Astaphan.
We all knew this was coming. One thing for sure, Senior Counsel Anthony Astaphan can and WILL always find a legal loophole or legal justification to get the (one man) Government out of any legal wranglings. It is only left to the less legally educated rest of us to wonder if this information was not known prior to and during the signing of the said contract. If so, then why wasn’t this argument put forth at the very beginning of the controversy regarding the awarding of the contract? It appears that Senior Counsel had to take a long hard look at circumstances occurring BEFORE the awarding of the contract to find some kind of legal justification for the Government’s clear violation of the Public Procurement Act. The second point declaring the situation an emergency is NOT a legal argument but a matter of opinion. The fact that this particular Bridge is one of four leading in and out of Roseau kind of negates the emergency argument.
They would say that, wouldn’t they! I would like a court of law to pass judgement on this instead. SC Astaphan is not always right you know!
Even when the court place judgement and it is not what some of you want or wish to hear, you all still say the court is wrong. It could be right up in the UK.
Wake up from your slumber David. We no longer use the Privy Counsel in London but the CCJ in Trinidad. Roosevelt Skerrit saw to that too.