The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Opposition’s leader yesterday described the Government’s long-promised release of details on $140m worth of contract awards as “half-baked and incomplete” plus non-compliant with the law.

Michael Pintard, in a statement yesterday, argued that the Davis administration “never fails to underwhelm and underperform” as he argued that the report on 843 contracts issued via the Go Bonfire online procurement portal, in the ten months to end-June 2023, does not comply with the level of reporting and disclosure required by the new Public Procurement Act.

In particular, the FNM leader charged that none of the contracts awarded by the Government in the year to September 1, 2022, have been revealed to the Bahamian public. And he argued that the information disclosed contains no contracts awarded by state-owned enterprises (SOEs), even though the Act’s section 75 requires that the Government publish a summary of deals issued by “public bodies” in an annual report.

“First, we have no information provided on any procurement from September 2021 to August 2022, although the Government still has a legal obligation to provide this information consistent with the law in force at that time,” Mr Pintard asserted.

“Second, it would seem that none of the contracts awarded by state-owned enterprises such as NIB, the Public Hospitals Authority, Water & Sewerage or the University of The Bahamas are included in the report. This information is required by the Public Procurement Act 2023 in Section 75 (2) (g).

“Third, there are clear examples of significant contracts that were awarded during the reporting period that were simply left out in the report. One such example is the award of a multi-million dollar and multi-year contract by the Ministry of Transport for navigational aids to a company that seems to have had no such experience in a project of that size and scale. Is there a reason why the government has hidden this particular contract?”

Mr Pintard was referring to a contract, allegedly worth $3.57m annually, that was awarded to Adolpha Maritime Group for the maintenance and upkeep of navigational aids in Nassau harbour. Mobilisation fees exceeding $1m were sought for this contract in early 2023, he previously claimed.

“The law is clear. Section 75 (2) (a) says that the Government must include all procurement contracts in its reports. Why is the Government keeping the details of select contracts from the public?” the Opposition leader continued, also questioning why the report was issued in “the dead of night”.

‘By law, the Prime Minister as minister of finance is to lay this report in the House of Assembly so as to be accountable in a formal way for its contents,” Mr Pintard added. “The Opposition rejects this so-called report outright. This is not what the law requires.

“We demand that the Prime Minister comes to Parliament at the next sitting with a full and proper procurement report showing all contracts by government agencies and state-owned enterprises for the period of September 1, 2021, to June 30, 2023. The Government must also begin to follow the law and put all relevant jobs out for competitive bidding and publish the contract winners within 60 days consistent with the legal requirements.”

Matt Aubry, the Organisation for Responsible Governance’s (ORG) executive director, took a more measured view. While describing the report’s release as “encouraging”, and a first step towards the increased transparency and accountability the Public Procurement Act is meant to introduce, he also acknowledged several shortcomings in complying with the law.

“It is encouraging to witness the initiation of this reporting process, as it aligns with the legislation’s intended purpose: To provide Bahamians with a more inclusive, transparent, and equitable opportunity to bid for government contracts,” he said in a statement.

“The challenges associated with establishing new systems and implementing innovative technology as part of this legal framework are understandable, as they represent a significant shift in reporting practices and necessitate a substantial cultural change.”

He added: “The full and consistent implementation of the Public Procurement Act 2023 represents an opportunity to demonstrate the principles of integrity and accountability in governance, as well as a commitment to upholding the law.

“Moving forward, ensuring that awards are consistently and promptly posted on the Government website within the stipulated 60-day timeframe offers citizens and local businesses the chance to review the outcomes of bidding processes and observe the results of awarded contracts.

“There is also an opportunity to further enhance the user’s confidence in the procurement award notification process through the promotion of a clear and easily accessible complaint mechanism. This feature, as per Section 59 and 60 of the Act, will allow potential or actual bidders to submit complaints to the procurement entity.

“Fully outlining this recourse process, and making it available via the Government website, would further boost the integrity and accountability in the procurement system. Enhancing access to this information builds the confidence of local businesses and citizens in a fair and competitive environment, where they can invest their time and resources to prepare and submit competitive bids,” Mr Aubry continued.

“This, in turn, is essential in encouraging a broader segment of the Bahamian population, including women, youth, and Family Island business owners, to actively participate in and sustain our local economy. This commitment to transparency and inclusion is pivotal in fostering a stronger, more vibrant and equitable economic landscape for all Bahamians.”

The ORG chief noted that the weekend report did not provide the addresses of winning bidders, the scope of work to be carried out or the location of these projects as required by the Public Procurement Act. 

“It is essential to acknowledge that the list of contracts in this report is not exhaustive, as certain contract categories, including legal services, financial consultancies, property rental or acquisitions, audit and actuarial services, telecommunications, rental properties and research and development-related expenses are exempt from mandatory reporting in the legislation,” Mr Aubry said. 

“ORG, in its benchmarking and evaluation of this Act before its passage, recognised these exclusions and advocated for their inclusion as best practices. It is also notable that awarded contracts that would have been required under the Public Procurement Act 2021 remain unreported.”