Procurement Amendment Bill passed
─ eventually to be repealed and updated in keeping with modern best practices – Min. Jordan
DPI, Guyana, Wednesday, May 15, 2019
Presenting the second reading Procurement [Amendment] Bill Number 2 of 2019, Minister of Finance, Winston Jordan, at the 114th Sitting of the National Assembly of the 11th Parliament, said that it seeks to amend four sections of the Principal Act. These are the insertion of new section 3 (A) in part 2, section 4 (A) a, section 11 (A) and the amendment of section 26 of the Act.
The current Act came into being in 2003 after the initial 2002 Act was repealed. Minister Jordan explained that there were several deficiencies, compounded by a lack of support from the then Political Opposition. He added that Public Procurement is evolving into a developmental tool, enabling the wider population to participate in the procurement process.
It was disclosed that a consultant was brought in; however, the update to the Act required much work, and it was suggested that the Act be repealed in due time.
The update required includes the following; definitions defined, wider range of procurement methods to be listed, expansion of the way tender invitations are published, availability of budgets, mandatory registration of bidders, splitting of procurement, due diligence, description of the subject matter of procurement, inclusion of evaluation criteria, cancellation of procurement, forms of communications, debriefing, contract management, code of conduct, language of prequalification documents, debarment and suspension of suppliers and “green procurement” among others.
He proffered that procuring entities shall only procure from small businesses approved under the Small Business Act, goods, works and services as specified by regulations made by the minister, with the advice of the Public Procurement Commission (PPC) or the National Tender Board.
Section 4 (A) states that the NPTAB shall maintain and keep updated, a registry of bidders comprising such information which will enable a procuring entity (PE) to identify suppliers and contractors that are suitable to participate in any of the PE’s proceedings. Suppliers or contractors must apply to be registered as a bidder in the register of bidders, to participate in procurement proceedings, at least seven days prior.
The minister may, with the advice of the PPC or NPATB, prescribe by regulations, the duties and functions of the registry, form and manner of registration applications, ground for refusing or revoking suppliers’ registration.
Article 11 (A) mandates procuring entities to submit procurement plans for each fiscal year, in accordance with their allotment from the approved National Budget. Clause 5 of the Bill clarifies the usage of the word “or” at the end of several paragraphs.
After highlighting those as mentioned above, the Finance Minister then moved for the Bill to be read for the third time and it was passed as printed.
Paul Mc Adam.