WELCOME TO THE Joint Consultative Council for the Construction Industry

PROM0TING A BETTER TRINIDAD & TOBAGO CONSTRUCTION INDUSTRY

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JCC Calls For Investigation of HDC's Evaluation Process

The JCC echoes the sentiments already expressed by many that the PPDPP Act is already working to the advantage of the public in getting value for money through transparent processes, as evidenced by the HDC’s cancellation of what now appears to be a flawed tender process. This tender was cancelled by HDC, after two tenderers initiated challenge proceedings under Section 49 of the Act via the independent office of the OPR.
 
The JCC would now like to appeal to the Regulator to use its powers under Section 41 (1) of the Act, to independently investigate the HDC’s evaluation process to shed light on the details that culminated in HDC effectively ‘throwing in the towel’ before stepping into the ring to transparently defend its internal evaluation process. 
 
The construction industry players have suffered many years of a, ‘not so level playing field’ pre-procurement reformation..  Tenderers in a design-build tender such as the Santa Rosa Housing Project can spend significant sums of money and time in preparing tenders which include preliminary analyses and designs. To avoid this waste of time and resources both by the procuring entity and contractors, the issues need to be identified and transparently reported to the public by the OPR, so that all stakeholders can learn exactly where this went wrong, so as to avoid repetition in the future. This falls squarely under the realm of the OPR’s mission and mandate to promote best practices in public procurement. 

Regards

Fazir Khan – President JCC
Winston Riley
Moving spirit behind the Procurement Act
TRINIDAD EXPRESS: 31ST JULY 2024
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A Tribute to
Eng. Winston Riley
As we honour Eng. Winston Riley's legacy, we are reminded of the profound impact that one individual can have when driven by a clear vision, unwavering dedication, and a deep understanding of the complexities that shape our society.

“It is important to re-emphasise that uncertainty is a necessary condition for creativity. The human condition is such that knowledge and cognitive capacity is always circumscribed by culture and information asymmetry. Choices are made which affect the society for generations to come. In-depth understandings of our history, together with a sympathetic view of our culture are essential pre-requisites for acquiring know-how and making decisions in the context of uncertainty”

Those words are contained in the conclusion of a 2008 technical paper, titled “The Politics of Procurement” authored by the man we gather here to celebrate tonight, Eng. Winston Riley. Fifteen years later, in April 2023, The Public Procurement and Disposal of Public Property Act was finally operationalized and I dare say, in great part to the persistent efforts of Winston. As Confucius said, “It does not matter how slowly you go as long as you do not stop.” Not only did Winston not stop, but he had the prescience to identify the critical issues and challenges in public procurement and he displayed his unwavering dedication to reform. This has been instrumental in shaping the landscape of public procurement in our nation as his foresight, laid the groundwork for the systemic changes implemented today. Winston’s ability to not only envision a more transparent and efficient procurement process but also to tirelessly advocate for its realization over a decade and a half, stands as a testament to his expertise, commitment, and profound impact on our public institutions.

It was clearly evident to Winston that understanding and cognition are heavily influenced by the culture we grow up in and the information we have access to, while Information asymmetry, where one party has more or better information than the other, can lead to imbalances in power and understanding, which can affect everything from personal decision-making to societal structures. This may explain why Winston actively seeks to mitigate these negative effects, by pursuing diverse perspectives and striving for equal access to information to ultimately flatten playing fields and realize equal opportunities at a country level.

As a co-founder of the JCC, Winston ensured that a cornerstone of the umbrella professional body was mutual agreement by all members on matters that we engage in the public space. While this may be a hard row to hoe, this simple tenet has ensured a commitment to dialogue and collaboration, fostering an environment where collective decision-making and shared responsibility lead to more cohesive and effective outcomes in addressing public concerns.The outcomes are self-evident in Winston’s ten year tenure as president of the JCC, where apart from public procurement reform, Winston has prepared and presented the construction industry’s submissions at the Commissions of Inquiry into the Piarco Airport Construction project and the Construction Sector (UFF Commission). He also successfully lobbied for the introduction of a Master’s Programme in Project Management at UWI and initiated and managed a training arrangement in the FIDIC forms of contract in the Caribbean.

We all know that Winston is an articulate man; I also found out how persuasive he can be. Winston convinced me to become JCC president in 2019, when I initially resisted. His ability to see potential in others and encourage leadership has been crucial to the JCC’s success and I am sure in all his other endeavours.

Winston and Emile have always been there to lend support to the JCC. When I interact with Winston, my spirits are invariably lifted, not just by the meaningful and engaging conversations, but by his infectious hearty laughter – a hallmark of the man. His talent for seamlessly weaving levity into serious discussions elevates professional communications, creating a refreshingly productive environment. This quality appears to be in short supply in this country where people at the highest levels often speak down with condescension.

As we honour Eng. Winston Riley’s legacy, we are reminded of the profound impact that one individual can have when driven by a clear vision, unwavering dedication, and a deep understanding of the complexities that shape our society. As Maya Angelou said, “I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.” Winston made me feel secure enough to take on daunting tasks. Eng. Winston Riley’s enduring legacy is one of transformative change, inspired leadership, and a lasting positive impact on our nation.

FAZIR KHAN-JCC PRESIDENT

PHOTOS CREDITS: Reinier F Diago/ LBIC

PROCUREMENT UPDATE

ANNUAL REPORT
PROCRASTINATION

The JCC is extremely concerned about the Procurement Regulator’s failure to issue the Annual Report as required under Section 24 of the Public Procurement and Disposal of Public Property Act, which was operationalized in April 2023.

annual report 1

JCC Meets With
OPR Regulator

The following notes of our meeting with The Regulator provide the salient points discussed and information shared by the OPR with the JCC

JCC CRIME SURVEY

The JCC has confirmed through an online survey of its members in December 2023 that the vast majority of its membership has been impacted in some way by the escalation of crime within the construction industry operations. When asked, “Do you know anyone or their company who has been a victim of crime on a construction project in T&T?”, a whopping 77% of the respondents answered in the affirmative.

crime1
criminal
crime2

When the question was posed more personally as in, “Have you or your company been a victim of crime on a construction project in T&T?”, the respondents answering “Yes” was a bit lower as expected, but still very significant at 60%.

crime3

Extortion appeared to be the most prevalent type of crime affecting the industry as 65% of the respondents indicated in their response to, “To what type of crime are you referring?”.

crime4

The call by the TTPS for the public to report crimes appears to have been answered by the construction industry as 82% of the respondents surveyed indicated that the crimes that they cite in this survey, were actually reported.

crime5

When asked however, “Are you aware of any outcome?”, 86% of the respondents in this survey responded negatively, pointing to either very low detection rates by the TTPS or failure to communicate outcomes.

By doing this survey within the Construction Industry, we have confirmed what appears to be the case at a country level regarding the effects of crime and its impact on citizens. The numbers are alarming and once again we call on the government of the day top take all steps necessary to curb this trend as we step into the year 2024.

Fazir Khan
President – Joint Consultative Council for the Construction Industry

Online Survey carried out by Eng. Ian Cox (APETT)

REGISTER
ON THE OPR DEPOSITORY

Because of the one-stop shop now available on the OPR Depository, suppliers and procurement entities would save thousands of man-hours by eliminating the need to register with multiple government agencies to provide goods and services each year. While enrolling on the OPR repository and becoming prequalified may take some time now, the benefits will be realized next year and continue to accrue.
SEPT. 2023

ADDRESSING PROCUREMENT REFORM

The JCC is encouraged to see all stakeholders working together to address the practical implementation of procurement reform via the new legislation. This augurs well for the country as we strive for greater value for money, transparency, and accountability in public procurement. However, we feel that much more education and effort is required of both procurement entities and suppliers...
AUG. 2023

PROCUREMENT LEGISLATION PERSPECTIVE

The JCC is cognizant of the various parties' concerns regarding the recently enacted procurement legislation and would like to provide some perspective on this issue. It is reasonable that any new legislation aimed at introducing significant reforms to an inefficient and challenged system with a lack of transparency in public expenditure would experience the expected initial obstacles.
AUG. 2023

Association of Professional Engineers of Trinidad and Tobago

Trinidad and Tobago Contractors Association

Trinidad and Tobago Institute of Architects

Trinidad and Tobago Society of Planners

Addressing Procurement Reform

The JCC is encouraged to see all stakeholders working together to address the practical implementation of procurement reform via the new legislation. This augurs well for the country as we strive for greater value for money, transparency, and accountability in public procurement. However, we feel that much more education and effort is required of both procurement entities and suppliers interested in providing goods and services to the government bodies under the new legislation.

As it relates to the two recent Orders promulgated by the MoF, the law as it stands, under Section 36(1) requires that the procuring entities must publish the details of the contracts awarded.
The JCC can find no such information published by either the Judiciary or any other Ministry or government agency related to contracts awarded for goods and services recently executed for providing jury services or for the Caricom event.   We therefore, urge the contracting agencies to comply with the law and publish this information on their websites or any other electronic media.
Failure to do so can result in a complaint being lodged under Section 36(2) of the Act, which should trigger an investigation by the OPR.
The other issue that seems to be subject to misinformation is the need to register at the OPR Depository and thereafter Prequalify.   The OPR is not the responsible for prequalification of registered suppliers. This is the responsibility of the procuring entities. So any backlog here is currently coming from the procuring entity and a contributing factor is the inability of the procuring entities to appoint procurement officers under Section 61(2) of The Act.  This needs to be addressed immediately.  The OPR has already arranged to allow delegates of the Procurement Officers to have access to the Depository to assist in the process.

 

Fazir Khan
President Joint Council for the Construction Industry

Procurement Legislation Perspective

The JCC is cognizant of the various parties’ concerns regarding the recently enacted procurement legislation and would like to provide some perspective on this issue. It is reasonable that any new legislation aimed at introducing significant reforms to an inefficient and challenged system with a lack of transparency in public expenditure would experience some initial obstacles. One recent example highlighting the issue surrounding contracts required to provide goods and services for CARICOM’s 50th Anniversary, which demonstrated the growing pains associated with national progress. To address these challenges, a fundamental change is necessary on the government side to become more proactive in planning and budgeting.

The operationalization of the procurement legislation in March 2023, after years of delay, appears to have caught many stakeholders off guard, particularly those who were comfortable with the status quo. However, it is important to note that government entities have been adequately trained by the Office of Procurement Regulation (OPR) over the past five years, as documented on the OPR’s website (Ref: https://oprtt.org/2023-sessions/). Even after the legislation came into effect, the Ministry of Finance conducted seminars to educate various ministries about the new procedures required for compliance with the new law.

For routine activities such as capital investment projects or maintenance contracts, government agencies should already be prepared to operate within the framework of the new legislation. However, if there are upcoming events such as summits, the respective state agencies in charge should start the procurement process now to ensure the timely acquisition of goods and services. Section 27. (1) (a) of the 2015 Act mandates procuring agencies to publish information on planned procurement activities for the next twelve months on their website or in any other electronic format, no later than six weeks after the approval of the National Budget.

The JCC firmly believes that increasing exemptions under Section 7(6) (e) of the Amended Act (2020) is not a viable solution, as it would undermine the effectiveness of the legislation in promoting transparency and reducing corruption in public spending over the medium and long term.

Complaints from various arms of the private sector about the perceived hurdles they need to overcome should not be taken too seriously, in our opinion. The private sector understands that if they wish to conduct business with any government agency involving public funds, they must comply with the registration requirements of the OPR’s online Depository. Unlike state-owned companies, private organizations are driven by profit-making incentives, and therefore, they should stop complaining and fulfill the necessary online registration and maintenance obligations. We are aware that the OPR has dedicated personnel available to assist with the registration process. The current system of the OPR Depository serving as a one-stop shop replaces the previous annual registration calls (with associated fees) from each state body. This represents a significant step towards increased efficiency, resulting in substantial time savings for both suppliers and the agencies themselves.