Ministry of Finance responds to NDP on Bally & Bally issue

A CHALLENGE by a dissatisfied contractor in a tendering process is not evidence for an unfair or vindictive procurement process.

This is the one of several points highlighted in a press release from the Ministry of Finance and Planning, in response to claims made by Opposition Leader, Dr Godwin Friday, about the latest complaint made by Cameron “Dinky” Balcombe, managing director of Bally and Bally Investments Inc.

At a press conference on Tuesday, February 18, Dr. Friday questioned whether the government was engaged in retribution against Balcombe, whose complaint on the Yarabaqua River Defence Project preceded a declaration of mis-procurement by the Caribbean Development Bank last year.

And, he suggested that the government was acting improperly with regard to the awarding of public contracts.

“In the process of tendering for large contracts – particularly those funded by multilateral entities like the World Bank, European Union and Caribbean Development Bank – precision is important. Many bids are disqualified for failure to strictly comply with the procedures set forth in law or the procurement guidelines of the funding agency,” the release, which is dated February 20, stated.

It also said that the government applies these laws and guidelines in an even-handed and transparent manner, in collaboration with funding entities.

The release outlined five reasons to explain why Bally and Bally’s bid was rejected.

It said the company did not sign an important bid document, which is a fundamental oversight similar to an unsigned cheque or contract.

The second reason was that Bally and Bally was notified that it’s failure to sign the required documents, rendered the bid unresponsive.

It further said that the company claimed to be in partnership with another entity for the specific contract, but failed to provide any documentation establishing such partnership.

Additionally, the release said the company was notified that it’s bid was unsuccessful and given 14 days to challenge the decision of the Tenders Board or seek a debriefing meeting with the Economic Planning Department, but Bally and Bally did not challenge the bid until one week after the deadline.

And finally, the release described Bally and Bally’s claim that the winning bidder was given an unfair advantage as false, noting that the secretary of the Tenders Board, by internal memorandum, wrote to the Director of Economic Planning seeking several clarifications on the Bid Evaluation Report submitted to the Tenders Board with the recommendation to award the contract.

“Bally and Bally obtained a copy of this correspondence and came to his conclusions. At no time was the winner bidder requested to supply any information contained in the memorandum from the Secretary of the Tenders Board. All the required information was contained in the bid submitted which was received at the stipulated deadline date,” the release said.

The press release said that the government applies laws and guidelines of the process in an even-handed and transparent manner, in collaboration with the funding entity.

And the process is free of political interference or influence.

Furthermore, the government’s recent passage of the Public Procurement Act, and Public Procurement Regulations, is demonstrative of its level of commitment to transparency and fairness in the government procurement system.

“It is regrettable that the Honourable Leader of the Opposition would malign the work of the Tenders Board and the Ministry of Finance and Economic Planning in this manner, without fully understanding the facts underlying Bally and Bally’s complaint,” it said.

“Currently, work is ongoing to bring these laws into effect by June this year. Before the end of the first quarter, the Ministry of Finance will be actively engaging all stakeholders in the public and private sector in training and sensitisation sessions on the new procurement laws, to ensure contractors and the like understand their rights and obligations.”

The release also addressed other claims made by Dr.Friday at his press conference on Tuesday, which was held at Democrat House, to address several issues of concern to the Opposition.