Calling it a matter of “grave concern,” the Joint Consultative Committee on the Construction Sector (JCCCS) says the Government has been breaching of the provisions of the Public Procurement and Contract Administration Act of 2015.
JCCCS is made up of The Dominica Association of Professional Engineers (DAPE), Dominica Society of Architects (DSA) and Builders and Contractors Association of Dominica (BCAD).
In an open 3-page letter dated 3rd July 2015, addressed to Prime Minister Roosevelt Skerrit, The JCCS referred to to a Dominica News Online (DNO) article of 6th June 2015 on the signing of a US$ 2.1 million contract for the design of the Roseau and Portsmouth Enhancement project between the Government of Dominica and the NSG management and Technical Services Ltd and characterized this contract signing as one entered into “by a process of direct negotiations.”
“It must be noted that this is not the first or only procurement event which contravenes the provisions of the current legislation,” the letter stated, adding that since the coming into force on the 21st January 2015 of the Public Procurement and Contract Administration Act, no. 11 of 2012, “Very little public procurement has complied with the provisions of the Act.”
“In fact,” it continued, “if anything, it appears that the government of the Commonwealth of Dominica has exhibited an utter disregard to the provisions of the Act in every possible area. The JCCCS view this matter as a matter of grave concern with regard to the rule of law and justice in this state.”
The committee also alleges that the procurement event contravened many provisions of the law and said that as a consequence, “locals have been denied the opportunity to work in a very difficult economic environment.”
Additionally, the committee says, since 2013, there have been several unsuccessful attempts by members of the Dominica Association of Professional Engineers (DAPE) and the Builders and Contractors Association of Dominica (BCAD) to collaborate with the public sector on the implementation of the Act.
The letter states that there are still some issues that the JCCCS has with the present legislation which have been brought to the attention of the members of parliament .
Some of these include:
- the lack of provisions for advertising procurement activities in local print (Sec 41),
- the lack of provisions for dealing with bidder initiated procurement procedures and private-public partnerships in public procurement,
- Tightening up of provisions under Part V – Procurement Procedures – to ensure competition (Sec 33-40).
- An over generous list of areas exempted under the Act (Sec 21),
- Clear referencing errors in the Act.
The JCCCS is asking the Prime Minister to consider holding further consultations on the legislation with specific regard to the issues stated above, along with the areas which they wish to remain as part of the legislation.
“And private sector consultation on the proposed amendment to public procurement legislation, including the proposed regulations, in a timely way and manner that will allow the consultative process to be meaningful and beneficial to the country as a whole,” the letter states.
Based on a budget review meeting on the 29th May 2015 with a grouping of private sector representatives where it was indicated that the first draft of the revised Act and regulations would be submitted in June 2015, the Committee is further requesting that these drafts be made available to the group for initial review before the commencement of consultation.
“We would encourage the highlighting of the changes proposed by the consultant as well as the rationale for these changes. We strongly suggest that this consultation begin as early as possible,” the JCCCS advises.
See full letter and 2012 Public Procurement Bill below.
the hungry for power uwp will do anything i’ll really like them to win the next election lets see what got!
This is not the only matter of ‘grave concern’ in Dominica. But Dominica is waking up slowly but it is waking up. Skerrit, the circles around you and your cabal are getting tighter by the week. You are not going to see the next election as sitting PM. Dominica is waking up!
is that a threat?????? Skerrit will see the next election as the sitting PM unless he choose to resign voluntarily so hold your threat to yourself!!!!!!!
No, it’s a promise, Red Ant!
The rule of law in Dominica is what the Labour Party through its leadership want to do.They are aided and abetted by the Caribbean court of appeal. This is a fiasco.Bad things happen when good people do or say nothing. Look at how vocal pope Francis is on injustices happening around the world, yet the bishop and other religious leaders in Dominica have sold their moral and civic responsibility to the Skerritt led administration. Shame on them
Mr. St Jean, I guess the rule of law in Dominica and the administration of justice is what you and the UWP say it is. You seem to forget the fuss your party with your support,made when it was disclosed that Skeritt and St Jean were french citizens. Ron Green former member for Laplaine and an American Citizen during the time he served lead the charge in court to have Skeritt and St Jean removed from parliament. Ron Green And the UWP pursued this matter in court notwithstanding that Green had done for 15 years the same thing he was accusing Skeritt and St Jean of. Must we forget crab back smuggling issue or the stoning of the police at the Salisbury demonstration, and the blocking of main roads.
Point as you at it; lets please not forget also the Land transfer bobool; the garbage bin bobool; the leaking of documents from the IPO that we were made to believe is Lennox Linton but it turned out to be Tony Astaphan; as a cover up Skerrit turned around to say he gave him permission hahaha. what about the burning of Gon and Gretta home on Christmas eve; what about the judicial review on cases against government supporters such as the Easy -door; The astaphans etc. what about the racketeering of our passports at the Labour Division; what about the Dominica Trade House in Malaysia; what about the Moroccan Hotel that can not finish up today; the Chinese have time build two apartment buildings in Roseau and the State College and the Moroccan hotel cannot finish hahaha. On the Point of crab back smuggling maybe you should investigate the partner in the North who confessed to the court that he built Villas from the sale of crabs emmmmh!! if you have glass house don’t throw stones..
Garcon Dominicans just full of BS and talk and more talk; it is time for action – the JCCC JUST HAVE TO REVERSE THE ACRONMY, AND TAKE THOSE GUYS TO THE CCJ. Nonsense now put all you money where all you month is – file a fillip injunction and stop the …..! Top to bottom fraid Skerrit – all of them just a bunch of Jokers and they claim to be professionals at that. The judiciary is used as a political football, the Bar ASSOCIATION Says OR DOES NOTHING example the blocking of cases under the pretense of judiciary review; matters concerning the IPO where some people are untouchable, the leaking of documents; The PM, not the DPP decides what will be investigated or not investigated -example racketeering at the Labour Division; I mean I can go on and on – so that talk by the JCCCC or whatever the name, is just one of many talks coming from so called professionals where nothing and I say nothing absolutely nothing will come out from it. Trust me! No law No constitution and no dog bark.
The country,people and resources does not belong to the citizens but to the P.I.Gs (Politicians In Government stealing). The country has never seen such brazen and boldface corruption.
Why would these thugs and thieves want a clean procurement operating system when they have one hand on the table and two under the table. Is there a surprise that public works has become the paro department of the government. Is there a surprise that young people are not even going into learning construction trades. Is there a surprise that some businesses and business men are wild grass all over the corrupt politicians. All while the country is in serious trouble
A government of rogues indeed!
Skerrit will continue to bring all of you like beggers.
Again this government demonstrates that it is only interested in taking care of its friends and fulling the pockets of misters.
My question is though didn’t we witness the behavior of this prime minister and government for a number of years? Where were all these groups, PWC, AID bank employees, DAPE, DSA, BCAD around the election to publicly speak out against this government? Do we expect any different now particularly if they owe people out there for the millions of dollars they spent and for the transportation arrangements to bring in Diasporas? We had our chance to remove them but we were intimidated and afraid.
JCCCS , BLESSING says that ” the monster is full of momentum and there is no stopping it now'” The Monster has left the building my people .
Dominicans take what you voted for, cow meat story,, alleged sexual abuse, cronyism, character, assassination, racketeering, lies, tablet
Labah kah twavay ,
I love my pm
God is good all the time and all the time…
Stupes, coz u all didn’t get d job is a problem,
You labourites are really ignorant that is why you all will stay there going to the red clinic and shouting I love my pm while one set get rich and all you there cannot make ends meet.
Zoh Toh Sort
I’m happy that the writers of this letter placed all of the laws and statues in their letter.
On one hand you have the government blocking projects like Lindo Park which benefits the people tremendously, stating that appropriate protocols weren’t followed. Then in true double standard fashion, they break their own laws to push through projects as if they don’t know of such procurement projects.
And all some of you can state is “oh you just vex because…” I mean come on. How much more blatant do things need to be, before you all get it?
Welll well election is over,,,,A ,promise is comfort to a fool
what I just read there nuh….