Process for appointing national contract evaluators strengthened
…evaluators also undergoing periodic performance reviews
Since 2020, the process for appointing evaluators who would be in charge of reviewing contracts at the National Procurement and Tender Administration Board (NPTAB) has been beefed up to ensure only qualified experts make it through the hiring process.
This is explained in Auditor General Deodat Sharma’s 2020 report, which, among other things, had found that due diligence was not exercised to ensure that persons appointed to evaluation committees by NPTAB were experienced enough for such a role.
“Each Ministerial, Departmental and Agency Tender Board shall nominate for consideration by the National Board, qualified evaluators to serve on Evaluation Committees. It was noted that a pool of evaluators was created and Evaluation Committees were formed to adjudicate on procurement subject to its jurisdiction.”
“The National Board, however, had not exercised due diligence to ensure that the persons appointed as evaluators had the expertise and experience as specified in the Procurement Act,” the report stated.
However, the Finance Ministry in its response to the auditors indicated that since the new government took office in August 2020 and a new board for NPTAB appointed on September 29, 2020, the system for recruiting evaluators at the national level has been revamped.
“Previously, the creation of the pool of evaluators was done utilising two methods; interested public servants would submit a letter of application with their CVs attached, or the Senior Procurement Officer at NPTA that was then responsible for the appointment of evaluators would include public servants that would appear to be au fait with Guyana’s public procurement process.
“With the appointment of the new Board in 2020, only the former method is being utilised, which ensures that the evaluators selected are not only experienced, as the latter method catered for but are also experts in the required field,” the Ministry said.
It was further explained that the evaluators undergo periodic performance reviews, which ensure that they not only embody the qualities that got them hired, but they continue implementing them and also display diligence and integrity.
“This new requirement ensures that evaluation reports are completed within the required 14 days, and the decision of the committee is unbiased, qualities that are necessary for the efficient and effective functioning of the procurement process, qualities that were previously lacking in the public procurement process. NPTAB continues to make efforts to ensure that persons appointed as evaluators have the expertise to perform the tasks,” the Ministry said.
The report also makes mention of the appointment of the Public Procurement Commission (PPC), noting at the time of reporting no new appointments had been made to the commission since the life of the five-member commission ended in October of 2020. It was noted, however, that the Public Accounts Committee (PAC) had advertised for members.
Among the PPC’s key functions are, according to the Procurement Act, to “Monitor and review the functioning of all procurement systems to ensure that they are in accordance with law and such policy guidelines as may be determined by the National Assembly; promote awareness of the rules, procedures and special requirements of the procurement process among suppliers, constructors and public bodies; safeguard the national interest in public procurement matters, having due regard to any international obligations; monitor the performance of procurement bodes with respect to adherence to regulations and efficiency in procuring goods and services and execution of works; approve of procedures for public procurement, disseminate rules and procedures for public procurement; and recommend modifications thereto to the public procurement entities.”
The PPC has in the past intervened in contracts when there was a discrepancy with the procurement of the contractor. One of the most famous cases of this was the sole-sourced consultant for the design and feasibility study of the new Demerara River Bridge.
The Procurement Commission conducted a probe into the award of the feasibility study and design contract and had flagged the then Public Infrastructure Minister David Patterson for requesting from Cabinet that the $148 million contract be sole-sourced. This subsequently resulted in them calling in the Auditor General. (G3)