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

1. The Regulator conceded that the letter sent by the JCC on October 3rd 2023, was overdue for a response but this meeting would provide the OPR’s response as follows:

    a. The compliance of the over 300 public bodies was poor and possibly around 43 submitted data at the time that they were statutorily required to so do. Since a total of approximately 109 have submitted

    b. The data supplied through the Procurement Depository by even the ‘compliant’ public bodies was questionable or inadequate, and therefore  is being interrogated by the OPR staff (total # 60) 

    c. The OPR has received challenges by some entities claiming that they were not a public body and legal checks had to be made by the OPR

    d. The end result of this is that the OPR was not able to fulfil their mandate to supply a useful report to Parliament at the end of 2023 as required under Section 24.

          i. The OPR has addressed this by asking the public bodies to fill out an excel template instead of submitting in the Depository

2. The said Report of the Regulator is now targeted to be supplied to Parliament in March 2024.  The Regulator assured the JCC that this report would present the findings as the OPR sees them based on the facts presented including the following per sub-sections (e); (f); (g); (h);(i) to of required under Section 24:

    a. (e) details of changes implemented to ensure current best practice for procurement, and disposal of public property;(f) the names of public bodies that have failed to comply with this Act;

    b. (g) an assessment of the overall performance of the procurement system;

    c. (h) a summary of unresolved issues that are to be dealt with; and

    d. (i) any recommendations requiring action on the part of a procuring entity.

3. Proposed and Ongoing Modifications by the OPR

    a. Secured an IDB grant to review and re-align the Act and the Depository to make it simpler

    b. Reducing the categories and the information to be uploaded in the Depository and make it more of a Registration place. This will immediately increase the number of suppliers already trying to use the system but find difficulty in getting prequalified

         i. Will add “Architect” and “Interior Architect” on the meeting request from TTIA

    c. Already discussed with the Ministry of Finance to make contractors part of the simplified procedure for < $1M

4. Other Matters 

    a. The OPR will target compliance of the major spenders of public funds to realize the quickest benefits to the Country of procurement reform

    b. The Regulations of the Appeal Board (per Section 51F) were only just made by the Minister of Finance; and as such challenge proceedings (Section 49) can be compliant with law as required.  (Note Justice Ventour was appointed Chairman)

    c. 3 Members of the OPR Board will be leaving the following week as these served their full limit of two terms, and 1 member is up for renewal.

    d. The OPR wants to set up an Office in Tobago and in South Trinidad to assist in addressing capacity issues and to take procurement reform to the people.

    e. The OPR intends to set up Committees with external experts to review its performance.

    f. The OPR offered to meet with the JCC on a quarterly basis going forward and encouraged the JCC and its member to continue to reach out to the OPR as it relates to issues that impact the construction industry.