Entrepreneurs can be excluded | Local company

Contractors found guilty of any form of wrongdoing could be barred from bidding on government contracts under the Procurement Regulations.

Leading the motion to approve the procurement regulations in the Senate yesterday, Imbert said the regulations provide the mechanism for implementing Article 58(4) of the Procurement Law, which requires the Minister to specify the mechanism and manner of adding or subtracting a supplier/contractor from the ineligibility list.

There are three forms of ineligibility: one is a letter of reprimand, a conditional non-exclusion, “and, for the most serious breaches, ineligibility (to qualify for contracts) for up to ten years”, did he declare.

He pointed out that the sanction of ineligibility was not a ten-year exclusion, but up to ten years.

He added that the entrepreneur can request a review of the declaration of ineligibility when new evidence emerges that exonerates the entrepreneur, he said.

Imbert said it happens all over the world.

However, in Trinidad and Tobago it was something ‘all new’ because ‘previously there was no possibility of stopping a dishonest contractor, if I can use that word, from bidding for goods and public services,” he said.

He said the regulations recognize natural justice and allow a contractor who is found ineligible to seek review from the relevant authority (Office of the Public Procurement Regulator) or can take the matter to court.

The regulations also provide a mechanism for a contractor to challenge the decision of a procuring entity for non-compliance with the Act or because of any action or decision likely to cause loss or damage.

Procurement Law

take effect in March

Imbert said the country was “on the cusp of a fundamental transformation in the way we do things”.

He said the government intends to proclaim the public procurement law in March and public entities should be ready by then.

“Otherwise there would be ‘serious consequences,'” he said.

“Public entities will have no choice. They will just have to tune in. There is some difference of opinion as to what preparation entails. What we have sought to do within the government system is to ask departments and entities not to create additional bodies to manage their responsibilities with respect to this legislation, because that is a typical reaction to something new for public bodies to say “we need to create a whole procurement unit”. What we asked them to do is look into their existing establishments and the people who can do the work, to use them,” he said. “We expect that when we proclaim this (law), every public entity will just have to join us. not on board, there are serious consequences.

“But the problem is that we cannot wait forever. This legislation has been in the system for so long and this is the final stage, we are at the finish line and moving forward.

He said that as with various deadlines for things like tax amnesty, submitting information for property tax, “every time we hit a deadline, the system crashed on the last day And on the last day we had a deadline for submitting property information, thousands of people tried to access the computer system that day.

“They waited for the same day. It’s not just a feature of Trinidad and Tobago, it’s a global phenomenon where people wait until the last minute. So public entities that wait until the last minute, they will just have to comply,” Imbert said. “Everyone agrees it’s time to get this show on the road.”

Imbert: No contract splitting

to avoid purchase surveillance

Imbert went through the Regulations in detail.

He made an indirect reference to the audit report of the procurement of goods and services and the hiring of contract personnel undertaken by the police service.

Referring to the Central Tenders Commission Act, Imbert said that “the splitting of tenders to avoid obligations is prohibited. This is something that has drawn attention recently in a report on contract splitting to avoid obligations such as contract value authority limits”.

Contract splitting is strictly prohibited under Regulation 4, he pointed out.

He said Regulation 5(01) establishes open bidding as the preferred method of procurement.

He said this process is subject to the complexity of supply and market conditions.

“These regulations relate to where there should be open bidding, where there should be selective bidding, or where there should be single selective bidding,” he said. .

The regulations also define the bidding process and the issues to be included in the bidding documents, he said.

Imbert said the Regulations also outline factors that should be considered when evaluating bids.

He said there was a general concern that public bodies are often only concerned with price and do not fully assess life cycle cost and that the Regulations require that price and life cycle methodology be used.

“This achieves one of the fundamental principles of the law, namely value for money,” he said.