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GUYANA CHRONICLE Tuesday December SUNDAY CHRONICLE December31, 22,2013 2013
Ramjattan’s pursuit of Public Procurement Commission seems more of From crime to cigarettes, Bloomberg his mark on New York a vendetta againstleaves companies
Ellen Wulfhorst FIRST By of all, I wish to make it absolutely clear that this PPP/C has no NEWGovernment YORK- (Reuters) objection to or thehate establishLove him him, one ment of istheforPublic thing sure: ProcureNew Yorkment Commission (PPC). In ersone willmust not recall forgetthat outgoing fact, it is Bloomberg theMayor PPP/CMichael Government that sought to rein in tremendous anytime soon. and extensive reforms ofbillionthe As the independent financial system and sector in aire politician bids farewell relation to governance, transto Cityand Hallaccountability. by touting his acparency, The modernisation complishments during of 12our years procurement system and urban the in office, academics, comprehensive overhaul and planning experts and political reforms within the procurepundits say was the mark hethis made ment system led by on New York is indelible PPP/C Government at the timeand when we had the majority in strong. Parliament. is, therefore,final a WhileItBloomberg’s misnomer for Mr Ramjattan term was marred by a failed to question this Government’s attempt to to outlaw large sugary commitment accountability, transparency and,furor in this drinks and the overparstopticular case, policing, the establishment and-frisk he stands of as theone PPC.of the most successful However, as has been stated mayors in New York history, time and again, the Government contend. hasthey certain responsibilities guaranteed in the Constitution and the Procurement Act 2003. The Government also has a fiduciary responsibility to ensure that it provides oversight of the expenditure of public funds. It is important that we understand that Cabinet’s “No Objection”
The formerrole WallisStreet or “Objection” NOTexecutive andwith founder of a media synonymous an “Award” of company a contract.that bears his name This fact clearly estableaves a cityis with lower crime lished under the Procurement rates, more parks, and new Act 2003. According to Section urban landmarks such as the 54(4) Cabinet is NOT authoBarclays Center, an indoor arena rised to award a tender to suppliers contractors. Thetrain power builtorover a Brooklyn yard. granted to Cabinet theas, “This will gounder down Procurement Act 2003 is limited without of the merely to aquestion, review of one the promost influential andfollowed successful curement procedures bymayoralties the procuring in entity. the history of the In Mrsaid Ramjattan’s article dean in city,” David Birdsell, theofMonday 30 December 2013 the School of Public Affairs edition of the Stabroek News, City University of New he at hadthe this to say in the opening York’s Baruch College. paragraph: “Cabinet being able to make a complaint- against an Bloomberg a longtime award to the Public ProcureDemocrat who became a Rement Commission (PPC) which publican in on 2001 get on will then rule it.”toHere it isthe ballot, and later isdropped that Mr Ramjattan ignoringhis theparty powers granted -toranked CabinetNo. affiliation under Constitution and the 2 onthe a list of the greatest New Procurement Actpublished 2003. recently York mayors Article 212AA(1) of the by City & of State, a website Constitution Guyana speci-that government politics. fiescovers the functions andand responsibilities of the Public procurement Commission and NONE of the thirteen (13) functions and responsibilities listed under Article 212AA(1) empowers the Public Procurement Commission to award or approve or grant a No Objection to
tactic, seen as targeting young minorities, amounted to “indirect racial profiling.” Overall crime rates fell by a If the contract is signed, third during Bloomberg’s three reimbursement by the Bank a decrease reflected of terms, any payments made by the in once-blighted Borrower under neighborhoods the contract prior loannow signing is referredand thattoare blossoming, to as retroactive financing is tourism rates settingand record only permitted within the limits highs. in the Loan Contract. specified “That’s a fundamentally Rule 2.6 - … Thethat’s Bankhad positive aspect of life may agree with the effect,” Borrower very far-reaching said to expand or reduce a short John Mollenkopf, director of list; however, once the Bankthe Urban Research hasCenter issuedfor a “no objection” to at the City New York Graduate a short list,ofthe Borrower shall notCenter. add or delete names without the Bank’s approval. Firms that expressed interest, as well as STEERING any other firm thatTHROUGH specifically DISASTER, so requests, shallRECESSION be provided the final short list ofguided firms. New Bloomberg York through the years after the * Caribbean September 11,Development 2001, attacks, Bank (CDB) Procurement amid fears that the shaken city’s Guidelines 2006 economy could be devastated. Rule 1.13: CDB does not finance“Itexpenditures for goods, is easy to imagine ways works that aand lessservices strategicwhich mayorhave could not been procured in accordance have in provisions the way of inthat with thegotten agreed Birdsell. and therecovery,” Financingsaid Agreement as further elaborated in the as Bloomberg is credited Procurement 15/ In suchthe well with Plan. helping steer cases, willthe declare a miscity CDB through recession that procurement, and it is the policy 2007.that Yet, his effort of began CDB toincancel portion of capitalize on allocated that success thetoCDB Financing to thebygoods, works arguing he and wasservices uniquely thatsuited has been CDBdeto misprocured. remain mayor may, in addition, exercise other spite term limits rankled some remedies provided for under thepeople. Financing Agreement. Even after the is aawarded He contract engineered change in andtheafter obtaining a term “no obvoter-approved limits jection” CDB run mayfor law infrom 2009 CDB, so he could still declare a misprocurement term, but gave if ait third concludes thatvoters the “no him a remarkably slim objection” was issued onmargin the basis of incomplete, inaccuof victory. rate, or“That misleading information affected his legacy, furnished by the Recipient of because people CDB Financing or thewill termsalways and remember as the person conditions of him the contract had been without CDB’sthe whomodified got a third term against approval. peoples’ will,” said Norman Siegel, a civil liberties attorney and A perusal of the above Rules from the various international financial institutions indicate that the main objective of the retention of the “No Objection” clause is to ensure that proper procurement procedures have been followed and further that the Beneficiary Country does not alter with or modify any terms of conditions of the contract. Further, there is emphasis on capacity of the recommended entities and the issue of conflict of interests in relation to consultancies.
former head of the New York Civil Liberties Union.
- rather than the institutional role of the PPC
contracts. This is a fundamental Further, under Article 212AA(1) point that Guyanese must be (h) of the Constitution the Pubaware of and which Mr Ramjatlic Procurement Commission tan very skilfully avoid. is empowered to investigate Mr Ramjattan continues complaints from suppliers, conto create the misperception tractors and public entities and that the PPC would be an propose remedial actions. overriding and awarding proNow, the Constitution outcurement mechanism, but lines what will be the roles of according to Article 212AA(1) the PPC in relation to an Obof the Constitution of Guyana, jection made by a supplier of the PPC does not have the contractor. So indeed the PPC right to give an Objection, would have that overarching a No Objection or grant an role in relation to the review or Award or Non Award of coninvestigation of any complaint tracts. made to the PPC, but it does not The contention that the have any power to grant an Obpresent procurement system jection or No Objection which does not allow for a supplier or is necessary in the oversight contractor who is dissatisfied to mechanism for the procurement request a review is also flawed. system as is in the case of hunThere areYork a number of safedreds of jurisdictions. New Mayor Michael Bloomberg walks from guards the present procureis important to note that the in podium after deliveringItthe 2014 city budget ment that can be utilised Cabinet’s to grant a in system the Blue Room of New York’sauthority City Hall, in this by file any supplier or contractor in No Objection is not something photo from May 2, 2013. relation to any dissatisfaction that is unique to Guyana. In If ahave tie were Experts can tick off a as long they may withpermitted, the pro- he fact, numerous jurisdictions curement followed. For well financial wouldprocess have tied with top-ranklistasofinternational accomplishments. The example, the present systemsaid institutions as the IDB, ing Fiorello LaGuardia, 10-year-oldsuch anti-smoking camallows for a dissatisfied supplier World Bank and the European Birdsell to who helped compile Bank paign credited with and some or contractor request a review forisReconstruction the City & Stateentity list. LaGuardia, 10,000 fewerretains deathsthe andpowserved by the procuring within Development legendary thatthenot just an er as fivesodays following publito agrant a No for Objection to blueprint other cities; cation of the award. grantthan or loan they airport but acontract Broadway musical anymore 850that acres ofare land took his name, governed the city financing. was added to city parks; and A brief synopsis of these during the Great Depression and rules theare decade-old 311 call center as follows: World War II. has grown to Bank handleformillions * European Reand Development – “Rarely are individuals in construction of non-emergency requests any field recognized among Procurement each year. Policies and Rules Rule 3.31: The client shall the greats of history during submitCrime is down, a success to the Bank a report contheir own lifetimes, so the fact taining that Bloomberg in part the results ofcredits the tender that our panel ranked Michael evaluation and its Police recommento the New York Departfor stop-and-frisk the award of thestrategy. conBloomberg nearly at the top of dation ment’s Bank will review this list while he is still in office tract. ButThe a judge earlier thisthe year findings and recommendations is striking,” City & State wrote. as ruled that the the final step in controversial establishing the eligibility of the contract for Bank financing. * Inter-American Development Bank (IDB) Procurement Rules – Policies for the Selection and Contracting of Consultants financed by the Inter-American Development Bank. Rule 1.12: ADVANCE CONTRACTING AND RETROACTIVE FINANCING The Borrower may, with the Bank’s approval, wish to proceed with the selection of consultants before the related Loan Contract is signed. In such cases, the Borrower undertakes such advance contracting at its own risk and any “no objection” issued by the Bank with regard to the procedures, documentation, or proposal for award does not commit the Bank to make a loan for the project in question.
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‘CEO MAYOR’ Section 54(2) is specified – Bloomberg’s most telling “…the Cabinet may object to legacy may be, in one sense, the award of the procurement himself, Tom Wright, ONLY IF it said determines that theexprocuring entity failed comecutive director of thetoRegional plyPlan withAssociation, applicable procurement an urban reprocedures. “ search and advocacy group. When he firstto rannote for office, It is interesting that MrBloomberg Ramjattan would was ancontinuunlikely ously, and in with an unashamed andexcandidate no political unbiased manner, name com-He perience or constituency. panies and attack companies more $100 million in spent relation to than the PPC. This is of his own fortune to part win of in 2001. indeed a bias on the Mr Ramjattan. One cannot call for he Throughout his tenure, theshowed PPC and then demonstrate a continued willingness that the PPC would be a correcto back his policy priorities with tive mechanism for perceptions thathishepocketbook. has. It seems as though Mr Ramjattan “He wasbelieves elected that as a the CEO PPC, which nota be made of mayor whowill ran on platform upkeeping of any politician butbalancing comes crime down, from a pool of professional the budget, take people, would and be a trying board to with control ofthat the operates schools. And a vendetta underthat thewas perception kind of it. or Heperceived really didn’t notion Mr Ramjattan havethat much,” said Wright.seeks “Now, to purport. here he is leaving 12 years later, Mr Ramjattan’s revelahailed as an urban visionary.” tion in relation to the way he seeks Bloomberg to use the moves PPC isonvery to his interesting. As Minister with new consulting firm Bloomberg responsibility the private Associates, for designed to help sector, I find it disturbing other cities worldwide that a public official, inachieve this the same accomplishments particular case, Mr Ramjattan, as would seekYork. to use the PPC to has New fulfil City his personal voters putvendetta their own against companies, naming stamp on Bloomberg’s and accusing companies oflegacy all by of electing Billin derelation Blasio, to who sorts breaches public will procurement. be the first Democratic This shows he has mayor in 20that years anda real could bias and a clear agenda in relascarcely be more different than tion to what he wants out of the Bloomberg, said Doug Muzzio, PPC. It is, therefore, necessary of politics public forprofessor all citizens and theand private sector of Guyana to College. notice the opinion at Baruch double“New standard and hypocrisy Yorkers elected a in Mr Ramjattan’s position on mayor who presented the PPC. He continues to himself misand wasthecorrectly perceived represent role of the PPC as to well the objectives setting beas a repudiation in of many ways upof the(Bloomberg),” PPC. Muzzio said. MrVoters Ramjattan’s obsession may well have tired with certain companies of the of Bloomberg’s approach, such private sector – an obsession as his to bar restaurants, with his effort own propagandistic lies can theaters set theand PPC onbusia movie other bad footing. remind nesses from May sellingI large sodas Mr Ramjattan that the PPC and other sugary beverages. should be an independent and The proposal in court, professional bodyfailed as opposed to which one with bias said political Bloomberg hadand overpolitical thinking that are stepped his authority. based “He on perception and, that in had this idea some cases, downright lies. he knew what was best for everybody,” said Siegel. “I IRFAANthe don’tMOHAMED think he respected ALI, ability MP average New Yorker’s Minister of Tourism, to figure outand what was in their Industry Commerce best interest.”
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