– many contracts breached procurement laws

Deodat Sharma
The Audit Office of Guyana has recommended that the Guyana Police Force (GPF) be called in to investigate the former A Partnership for National Unity/Alliance For Change (APNU/AFC) Government’s splurge on high-priced local and overseas lawyers during its time in office, many of these retainers in breach of procurement laws.
The People’s Progressive Party (PPP) Government had requested that the Audit Office conduct a probe into the millions spent by the former Government on lawyers it contracted between 2015 and 2020.
In a letter from Auditor General Deodat Sharma to Attorney General and Senior Counsel Anil Nandlall, he was informed that based on the findings of the special audit, a Police investigation would be required.
“Based on the documents examined, there was no evidence to conclude that these contracts were publicly advertised, which is in breach of Sections 25 (1) and 10 (1) of the Procurement Act of 2003,” the AG said in his report.

Basil Williams, SC
The Auditor General pointed out that the Procurement Act states “Subject to subsection (2), public tendering is mandatory. For such tendering an invitation to tender or to prequalify, as applicable, is mandatory” and “the procuring entity shall maintain a record of the procurement proceedings including the means used to solicit suppliers or contractors and a record of any such advertisements”.
However, the Auditor General noted that the former APNU/AFC Government single-sourced all of these contracts, in breach of the Procurement Act. Sharma further pointed out that according to the Guide to the Public Procurement Procedures, “where contracts are to be awarded regularly, or are to be renewed within a specified period of time, the contract value is established on the basis of the actual aggregate cost of similar contracts or services awarded over the previous twelve months or financial year, adjusted where possible for anticipated changes in the value or quantity.”

Anil Nandlall, SC