SEVEN non-governmental organisations representing business, labour and the construction industry are calling on the Government not to amend the Public Procurement and Disposal of Public Property Act to remove government-to-government arrangements and PPPs from the purview of the Office of Procurement Regulation.
In a press release yesterday, the Private Sector/Civil Society Group (PSCSG) said it is deeply disturbed by the non operationalisation of a substantial provisions of the procurement law.
In the statement, the grouping of local groups said: “The PSCSG notes the supposed rational for the lack of progress of this implemetation process in the public domain by individuals and entities.
“It is unacceptable to the PSCSG that the Act has reached its current state of functional non-implemetation from its conception, spanning three different administrations of government. The level of progress achieved in implementing this Act is intolerable, particularly after repeated commitments by this administration to have the Act fully implemented prior to and since coming into Government.”
The PSCSG said it stands firm that the Government should not amend section 7(2) of the Public Procurement and Disposal of Public Property Act.
In its statement, the group said: “Section 7 with respect to Public Private Partnerships and government-to-government transactions is no negotiable. This was a critical issue in the 2014/15 Parliament that debated the then Bill and remains so now in the architecture of the Act.”
At last week Thursday’s post-Cabinet news conference, Finance Minister Colm Imbert said the Government intends to bring the legislation back to Parliament to amend section 7, which places government-to-government arrangements under the Office of Procurement Regulation.
Section 7(2) of the Act states: “To the extent that this Act conflicts with an obligation of the State under or arising out of the following:
(a) a treaty or other form of agreement to which Trinidad and Tobago is a party with one or more States or entity within a State;
(b) an agreement entered into by the Government of Trinidad and Tobago with an international financing institution; or
(c) an agreement for technical or other cooperation between the Government of Trinidad and Tobago and the Government of a foreign State,
the requirements of the treaty or agreement shall prevail except that the procurement of goods, works or services shall be governed by this Act and shall promote
the socio-economic policies of Trinidad and Tobago and shall adhere to the objects of this Act.”
The groups also called on the Government to proclaim immediately the sections of the legislation that do not require the proclamation of the law’s regulations.
The seven organisations that signed the news release were: the Joint Consultative Council for the Construction Industry (JCC), the T&T Chamber of Industry and Commerce, American Chamber of Commerce of T&T (AMCHAM), the T&T Transparency Institute, the T&T Manufacturers Association, Federated Independent Trade Unions and NGOs (FITUN) and the T&T Coalition of Services Industries.
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