Get on with implementing the Procurement Legislation

Stop behaving as if the word “procurement” is a new addition to the language of business.  The concept of procurement can be traced back to ancient civilizations and the process has evolved over time.  Procurement and procurement systems are a normal part of non-government businesses.  Anyone who wishes to supply goods and services to a company must adhere to its procurement process.  This is what helps non-government businesses thrive and when they deviate from the process, there are usually negative consequences.

Procurement is the process of acquiring goods and services from suppliers through a structured system to which both parties have agreed and formalized, usually in writing.  

A look around the world will reveal that procurement legislation has transformed the administration of public service in many countries.  Why can’t it be a transformational moment for us as well, in Trinidad and Tobago?  One of the first benefits of a systematized procurement process is the creation of a level playing field for all suppliers despite any consideration about whether their inclination is towards ketchup or mustard.

So, what is all the brouhaha about the Procurement Legislation?  In the 18-year journey from birth to proclamation, the PNM has been responsible for the Procurement Legislation for 13 years.  Despite this intimate association for 13 years, the government waited until the actual proclamation to begin the process of considering the human resources needed to implement the procurement legislation. What’s that old cliché again? Oh, yes: “Better late than never”. 

If the procurement system is implemented with the use of appropriate technology, it will enable those with access to the system to track and monitor all procurement activities and therefore provide valuable data for planning and decision-making.  This can also be an opportunity for citizens to see and understand what is happening with their taxpayers’ dollars.

A technology-driven procurement process might easily provide a level of transparency that can reduce the probability of corruption, mismanagement, and abuses of power.  It will also reduce the time and resources to acquire goods and services and will ultimately lead to cost savings and better value for money.

The procurement legislation is certainly not the cure-all for our problems, but it requires a change in the way we do business and can be the starting point to transform our public service to one which is customer-centred, and not tainted by allegations of corruption, lack of transparency, and inefficiency.

From the licensing authority to the submission of a company’s annual returns, our country has been struggling with the effective implementation of technology.  Unless a different implementation strategy is found, the potential transformation which this legislation can bring will not be realized.  The easier it is for citizens to access information and services, the easier it is to generate trust in our institutions and leaders.

It is my hope that our leaders will use the implementation of the procurement legislation to systematize the way we do business and begin the transformational process which is needed in our public service and throughout our country.  Let’s do this!

Commendable that Gov’t proclaimed Procurement Legislation; but keep Lalchan!

Dennise Demming Friday 5 May 2023 Guest Columns

“[…] The theft of billions of dollars could have been prevented if we had a fully functional [Office of Procurement Legislation] according to acceptable legislation. We cannot underestimate the lost opportunity to have invested those stolen funds to take care of our social needs, such as health, education, utilities and infrastructure, and more.

“[…] Undoubtedly, [Moonilal Lalchan] is the most competent person to ensure that the office can hit the ground running and not be stymied by a new appointee who is unlikely to have his experience…”

Procurement regulator Moonilal Lalchan.
(Copyright Office of the Parliament 2018)

How can a white paper published in 2005 take until 2023 to be proclaimed?

Approximately 15,000 children were born in Trinidad and Tobago in 2005, and as of this year, those children are adults. Something is deeply wrong with a system that takes the same time in which a baby transitions from birth to adulthood to proclaim a simple piece of legislation. The legislation has been bouncing around for 18 years!

Successive governments have ignored the Procurement Bill because such legislation, along with the establishment of a fully functioning Office of Procurement Legislation (OPRTT), will likely put a spoke in their corruption wheel and add transparency to the awarding of contracts.

The theft of billions of dollars could have been prevented if we had a fully functional ORPTT according to acceptable legislation. We cannot underestimate the lost opportunity to have invested those stolen funds to take care of our social needs, such as health, education, utilities and infrastructure, and more.

With a structured, transparent approach to procurement, our levels of honesty and integrity would have been different.

It’s commendable that after eight years in office, this Government has ensured the proclamation of the Procurement Legislation. Despite the three amendments to the law and regulations, we are finally ready to proceed with adding order, transparency, and good governance to the awarding of contracts.

Five years ago, on 12 January 2018, the President of the Republic appointed Mr Moonilal Lalchan as chairman/ procurement regulator, and this gave several of us hope that finally, our country was on the way to regularizing the award of contracts and ultimately ensure that the back-room deals would be reduced.

I never imagined that Mr. Lalchan would have occupied office for five years and be unable to implement the law. I hope the government sees the value in having him reappointed as chairman/ procurement regulator.

Procurement regulator Moonilal Lalchan.
(Copyright Office of the Procurement Regulator)

Undoubtedly, he is the most competent person to ensure that the office can hit the ground running and not be stymied by a new appointee who is unlikely to have Mr. Lalchan’s experience.

The Piarco Airport scandal is an example of how wrongdoers prevail in our country. Since its inception in 1996, the project was plagued with allegations of corruption, and to date, the persons who have been accused and who even faced the courts are still free.

It confirms to those inclined to the transgression that you can continue to do wrong and face minimum consequences.

If we are to change the corruption culture of our society, the leadership must change the way it does business.

The Swiss psychiatrist Carl G Jung is credited with the statement: “You are what you do, not what you say you’ll do.”

The scourge of corruption…

So we can talk about corruption till the cows come home, but if there are no systems, processes, and procedures in place to ensure order, good governance, and integrity, we shall continue to experience the chaos and crime which typifies our daily existence.