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‘Defend yourself, Govt. can’t do that for you’ – Jagdeo tells ‘Guyanese Critic’
‘Defend yourself, Govt. can’t do that for you’ – Jagdeo tells ‘Guyanese Critic’
Jun 28, 2024
News
Kaieteur News – Vice President (VP) Bharrat Jagdeo on Thursday told Mikhail Rodrigues, known as ‘Guyanese Critic’ to defend himself and not rely on the Government of Guyana (GoG) to do so. Vice President (VP) Bharrat Jagdeo on Thursday told Mikhail Rodrigues, known as ‘Guyanese Critic’ to defend himself and not rely on the Government of Guyana (GoG) to do so.
Mikhail Rodrigues popularly known as the ‘Guyanese Critic’
Rodrigues seemed disgruntled with a story published in the Thursday June 27, 2024 edition of the Kaieteur News headlined ‘Guyanese Critic’ gets another multi-million dollar contract. That story pointed out that the company Tepui Group – that is closely linked to Rodrigues, received another multi-million government contract despite failing miserably to meet specific criteria in another project that was awarded to the company last year.
The social media commentator told Jagdeo that there seems to be a fixation on Tepui Group, adding, “Like if I’m the only contractor in Guyana.” He then asked the Vice President to put things into perspective about the number of contracts and the sums that are being spent by the government on infrastructural development.
In response, Jagdeo said, “You gotta defend yourself, don’t wait on government…” The Vice President was at the time hosting his weekely press conference at Freedom House, Robb Street, Georgetown.
“Well you have a duty also to defend your own company because often when the government puts out this information it seems as defending corruption…” the Vice President added.
Further, the Vice President disclosed that the government is actively addressing issues within the procurement system. “What we are planning to do because we have this problem at the Cabinet itself, when a paper goes to Cabinet often the Cabinet does not see all of the work that people (contractors) have in different agencies, so we are now going to introduce a prequalification system,” he explained.
Detailing how this system will function, Jagdeo explained that contractors will be pre-qualified based on their capability to undertake projects up to a specified amount.
For instance, Jagdeo said, “So if you are pre-qualified to do work up to half a billion dollars and you get one contract and you are at $450 million, when the paper goes to Cabinet, it would [show] that the contractor was pre-qualified for half a billion and already have a contract. Therefore, the Cabinet will say you can’t give another contract for $200 million or $300 million because they have reached their capacity.”
Highlighting the nationwide implementation of this prequalification system, the Vice President disclosed that all government entities will be required to report awarded contracts to a website to ensure transparency.
Jagdeo stated, “You don’t know if a man is working for multiple ministries so when you hear that [they received a contract], it is a surprise.”
Last month, it was revealed by the Public Procurement Commission (PPC) that Rodrigues had failed during the evaluation process for bids at the level of the National Procurement and Tender Administration Board (NPTAB), but was still handed a $865 million contract to build a pump station at Belle Vue, West Bank Demerara (WBD).
Kaieteur News understands that the PPC in its report highlighted several procurement breaches committed by Tepui and overlooked by NPTAB in awarding the pump station contract.
According to the document, NPTAB ignored several key details when it came to the company satisfying the evaluation criteria for the award of the $865M deal.
Tepui failed to meet the following:
Failed to meet $8M bid security amount
Failed to demonstrate construction experience
No experience with project of similar nature
No record of past work experience
Failed to demonstrate financial capacity
No audited financial statements
No evidence of ownership and or possession of key equipment
Meanwhile, a few months ago, Rodrigues during one of his morning programmes aired live on social media revealed that he received a multi-million-dollar contract from the Ministry of Housing.
Vice President, Dr. Bharrat Jagdeo
Similarly, the PPC in its report had revealed that during the evaluation period for the pump station contract, Tepui had listed a $313 million contract with Central Housing and Planning Authority (CH&PA) which falls under the Housing Ministry, for the upgrade of roads in Block 3, Great Diamond. It was stated that the contract is dated February 24th, 2023.
The document also states that the company also received other government contracts. Tepui had submitted a document to show the list of projects it has done which includes the rehabilitation of South Pakistan Street and rehabilitation of Tyre Shop Street, valued at $25 million and $24 million respectively. Both contracts were purportedly awarded by the Ministry of Public Infrastructure. It should be noted, however, that the dates of those contracts were not stated.
Following the revelation, checks were made by this publication on the NPTAB website for other contracts awarded to the Tepui Group but to no avail. As such, Kaieteur News resorted to asking Vice President Jagdeo during one of his weekly press conferences whether it was true that Rodrigues’ company received another government contract.
While Jagdeo was unable to confirm if Tepui Group did receive the contract, he directed the publication to check online since all contracts are made public.
It should be noted that as of June 27, 2024, the only contract listed as awarded to Tepui on NPTAB’s website is the Belle Vue pump station contract.
In light of recent revelation that Tepui received another multi-million contract, contact was made with the Chief Executive Officer (CEO) of the CHPA, Mr. Sherwyn Greaves on Wednesday for details on the CHPA contracts that were awarded to Tepui.
In response, Mr. Greaves noted that he will get the information and return the call. No information has since been provided by Greaves.
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VP Jagdeo blames GDF for issues with award of $2.1B Kares Engineering Inc. contract
VP Jagdeo blames GDF for issues with award of $2.1B Kares Engineering Inc. contract
Jun 28, 2024
News
The bidders who bid for the construction of the GDF wharf. (Photo courtesy, NPTAB)
Kaieteur News – Vice President Bharrat Jagdeo on Thursday laid blame at the feet of the Guyana Defence Force (GDF) for the issues surrounding the award of the $2.1B contract awarded to Kares Engineering Inc. for the construction of a wharf.
At his weekly press conference held on Thursday, Jagdeo said that the GDF inserted a criterion in its Request for Proposals for the said project that led to a compliant being raised about the award of the contract.
Kaieteur News reported in its Thursday paper that the Public Procurement Commission (PPC) flagged the award of the contract after a contractor, Correia and Correia Limited (one of the bidders for the contract) lodged a complaint with them.
The complaint included allegations that Kares Engineering’s bid was “non-responsive based on the Financial Assessment within the Evaluation Criteria” and therefore should not have been awarded the contract.
Kaieteur News understands that Correia & Correia sent a letter to the PPC stating that in the bid document that there was a criterion which stated that any company that bid below the 80% benchmark set in the criteria will not get the contract.
Speaking on the matter, Jagdeo said that when he reached out to the National Procurement and Tender Administration Board (NPTAB) about the contract, he was informed that the procuring agency had departed from the Standard Bidding Document and did not seek approval to modify its tendering criteria.
“First of all, there is a Standard Bidding Document that should be used by every single government entity that was established by us in the past. There are 19 criteria that you can use. We had discontinued when this was done years ago ‘a percentage below the engineers estimate as disqualifying any bidder’. So there is the Standard Bidding Document of the government with a list of 19 criteria,” the VP stated.
He explained that, “If you look at the Procurement Act, the Procurement Act says that anytime a ministry or a department or anyone tries to change the Standard Bidding Document, they have to seek the approval of the National Tender Board.”
The Vice President said that the rule is in place to avoid chaos in the system. “This criterion is not part of the Standard Bid Document, yet it found its way into the GDF Request for Proposals. So if they wanted that in, they had to seek the approval of the tender board,” Jagdeo explained.
He noted that the NPTAB is within its full right to say that the procuring entity departed from the Standard Bid Document.
The VP said that Section 23 (3) of the Procurement Act of Guyana says that each such tender Board shall prepare, using such standardized forms and criteria as have been prepared by the National Board, solicitation documents for tenders subject to its jurisdiction; and may, with the approval of the National Board, make such minor alterations or modifications to the forms and criteria as are deemed necessary on a case by case basis.
“The GDF didn’t do this. So the tender board is right in this case to say you inserted a criterion that is not part of the standard criterion and therefore should not be used in the evaluation,” Jagdeo told reporters.
Further, Jagdeo revealed that the contract was awarded to the lowest bidder in a public tender, and what has happened is a departure from what is the standardized form of bidding.
The VP said that when this happens, it isn’t picked up by the Cabinet or the tender board because it is presented as the lowest bidder won the contract.
“I am hoping that the people who are looking into this would pay attention to all these matters, departure from standard bidding document and we now have to take a strong disciplinary approach to these agencies that do procurement out in the public domain that depart from the standardized process,” the VP mentioned.
He added that his government is committed to being transparent, and in the case of procurement processes, they are working hard to keep contracts out of “corrupt practices”.
With that being said, the VP told reporters that, “We’ve already been reading the riot act to a many of the people in the regions… the procurement officers, we’ve made it clear that if you violate this, particularly deliberately, well I don’t know in this case if it was deliberate or just an oversight…But if you do this, you would face the consequences.”
Meanwhile, in defending its award, the NPTAB in a release on Thursday stated that the project was opened in November 2023, and subsequently bids were evaluated by an independent committee to which the evaluators recommended the lowest responsive bidder and an award was made in December 2023.
Kares Engineering Inc. was among eight bidders that bid to construct a reinforced concrete wharf for the GDF Coast Guard at Ruimveldt.
“In March 2024, Correia & Correia Ltd. submitted a request for review citing ‘Any bidder whose bid is less that 80 percent of the engineers estimate will be non-responsive’. It must be noted that this Engineers Estimate was never published or given to the bidders prior to the opening of bids,” NPTAB explained.
The Tender Board explained further that “the criteria cited was discontinued years ago and is not included in the numbered criteria in the approved Standard Bidding Document.”
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Brazilian national feared dead after boat mishap
Brazilian national feared dead after boat mishap
Jun 28, 2024
News
A section of the Cuyuni River
Kaieteur News – A Brazilian national is feared dead following a boat mishap in the Cuyuni River, Region Seven in the vicinity of Akabusa / Fumbler Falls.
Jose De Ribamar Lisboa Silva went missing on Wednesday after the boat he was travelling in encountered difficulties.
Reports are that the incident occurred at about 14:30h when the boat, powered by a 200 horsepower Yamaha outboard engine suddenly stopped while travelling up the Akabusa/Fumbler Falls.
Five persons were in the boat at the time of the incident.
Rondel Khan, a 35-year-old miner from Bartica, had prepared the vessel, which was loaded with two engines and supplies. The boat was captained by 50-year-old James Bacchus.
Reports are that before departure, Khan and Bacchus agreed to transport three passengers to Quartz Stone Backdam, including Silva.
As the boat travelled up the Akabusa/Fumbler Falls, its engine suddenly failed, causing it to drift down the falls and overturn.
Everyone on board managed to swim to safety but Silva could not be located.
Two survivors managed to embark on another passing boat and continued their journey, while Khan and Bacchus promptly reported the incident to the Bartica Police Station.
Bacchus is assisting police with their investigations.
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Man, 26, confesses to killing pensioner found dead in swamp
Man, 26, confesses to killing pensioner found dead in swamp
Jun 28, 2024
News
Kaieteur News – A 26-year-old man has reportedly confessed to killing a Drainage and Irrigation (D&I) worker who was found dead in a swampy area at Vryheid Village, West Canje, Berbice, Region Six.
Murdered: Dhanindranauth Surujnauth Mahadeo
The D&I worker, 60-year-old Dhanindranauth Surujnauth Mahadeo, 60, was found dead around 12:15hrs on Saturday last, some four days after he went missing. Following investigations by detectives in Berbice, the 26-year-old unemployed man, who later admitted to beating Mahadeo to death with a piece of iron, was detained.
The man reportedly told investigators that he met Mahadeo who was walking along a dam in Vryheid Village and a heated argument ensued. The situation escalated and the man picked up a piece of iron and began beating Mahadeo until he fell to the ground motionless. The suspect left him there and went away.
The man’s decomposing body was found on Saturday. A post-mortem examination that was conducted subsequently revealed that he suffered a fractured skull and died from haemorrhaging in the brain.
Kaieteur News understands that Mahadeo left his home on June 17 to have a few drinks with a female friend but never returned home. On June 19, his daughter filed a missing persons’ report and on June 22, his body was found.
Investigators believe that he was killed while returning home from the drinking session.
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Georgetown Magistrates’ Court evacuated after bomb scare
Georgetown Magistrates’ Court evacuated after bomb scare
Jun 28, 2024
News
The Georgetown Magistrates’ Court
Kaieteur News – The Georgetown Magistrates’ Court was evacuated on Thursday morning amid reports of a bomb threat at the building located at Avenue of the Republic which caused court proceedings to come to a halt.
Kaieteur News understands that an anonymous call was made to the Brickdam Police Station’s Operation Room, alerting law enforcement about the bomb.
The Magistrates, as well as individuals awaiting their court proceedings, were swiftly evacuated at around 09:30h as firefighters arrived to thoroughly comb through the building in search of a bomb.
Police officers present at the scene ensured the safety of the surroundings by clearing the area and diverting traffic away from the premises.
The search by police and members of the Guyana Fire Service (GFS) for the bomb took approximately an hour. No explosive device was unearthed. As a result, the law enforcement authorities declared the premises safe and persons were allowed to return to the court building but only after being searched.
This is the second bomb scare at the Georgetown Magistrates’ Court for 2024.
Meanwhile, police are working to identify the caller who reported the threat.
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NGSA results to be released on July 4
NGSA results to be released on July 4
Jun 28, 2024
News
Kaieteur News – The results of the National Grade Six Assessment (NGSA) will be disclosed on Thursday, July 4, 2024 at 10:00hrs, Minister of Education, Priya Manickchand announced on Thursday.
Minister of Education, Priya Manickchand
The minister made the announcement via a live recording on Facebook.
Some 15,488 students participated in the NGSA on May 2 and 3.
The early release of the NGSA results is aimed at providing parents with ample time to prepare their children for the upcoming September term, the Education Minister said.
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CCJ dismisses Gaskin’s appeal over absence of environmental permits for Exxon partners
CCJ dismisses Gaskin’s appeal over absence of environmental permits for Exxon partners
Jun 28, 2024
Court Stories, Features / Columnists, News
The CCJ delivered a judgement on Thursday in appeal filed by Ramon Gaskin’s over the lack of environmental permits for Exxon’s partners
Kaieteur News – The Caribbean Court of Justice (CCJ) on Thursday dismissed an appeal brought by social activist, Ramon Gaskin against the Environmental Protection Agency (EPA).
Gaskin had filed an appeal to the CCJ seeking orders to have Hess Guyana Exploration Ltd (Hess) and China National Offshore Oil Cooperation Guyana (CNOOC) obtain separate environmental permits for their involvement in the local oil sector.
Hess and CNOOC shared licenses to engage in oil development through their partner Exxon Mobil Guyana Limited. Exxon was required to get an environmental permit as part of the licensing process but its partners Hess and CNOOC did not undergo the same process. The EPA did not require the two companies to obtain environmental permits since they were operating under Exxon. The social activist found this action questionable and sought to challenge the EPA’s decision in Court.
Gaskin had filed the case in 2020 but Chief Justice Roxane George Wiltshire dismissed his application. He then moved to the Guyana Court of Appeal, where again his appeal was tossed out. Similarly, in Thursday’s ruling, the CCJ noted that Exxon as the operator of the project was subject to extensive environmental obligations which were also extended to Hess and CNOOC through joint liability.
Gaskin had moved on to the CCJ, seeking to have the Court of Appeal’s decision set aside.
The CCJ was asked to determine two issues—whether the Minister acted unlawfully in granting the Petroleum Production License to Exxon, Hess, and CNOOC when Exxon was granted an environmental permit and whether the High Court and Court of Appeal breached the statutory time limit in delivering its Judgement.
However, the Court found that the three companies share responsibility for environmental harm caused by their operations and that there was no increased risk of harm to the environment on either the precautionary principle or avoidance principle by the inclusion of the two companies.
Interpreting the Environmental Protection Act as a whole and within the context of its objectives and constitutional underpinnings, CCJ judge Winston Anderson concluded that environmental authorisation must be given for the undertaking of a project and that the Environmental Protection Agency must be convinced that a developer can fulfill their role and responsibilities and comply with the terms and conditions of the environmental permit.
“As the sole operator, Exxon alone was able to comply with the obligations of the developer under the Environmental Protection Act,” the judge said.
The court nevertheless highlighted the importance of transparency and accountability in environmental governance, acknowledging Mr. Gaskin’s concerns about environmental risks.
In a summary of the ruling, the Court’s President Justice Adrian Saunders noted that the Appellant as a member of the public has played a key role in advancing environmental law in Guyana through the pursuit of this matter.
“In this context, it is important to observe that the Rio Declaration 81 places emphasis on the role of the public in the decision-making process. Principle 10 states that environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, and the opportunity to participate in decision-making processes. It also calls for States to facilitate and encourage public awareness and participation by making information widely available,” he said.
Additionally, the Court found that both the High Court and Court of Appeal were in breach of their statutory obligations relating to the length of time in delivering their respective Judgements but cited the technical nature of the matter. The court nevertheless underscored the need for timelines to be adhered to.
Gaskin had filed a Fixed Date Application in the High Court seeking to quash the Minister’s decision to issue the Petroleum Production Licence and to prevent him from granting the Licence to Hess and CNOOC until they acquired an environmental permit. The High Court dismissed the application but took three hundred and sixty-six (366) days to deliver judgment.
On appeal, the Court of Appeal determined that the Minister did not breach the Environmental Protection Act or the Petroleum (Exploration and Production) Act (‘PEP Act’) by granting the Licence to the three added respondents because the environmental permit was tied to the Liza 1 Project of the Stabroek Block itself and not to the permit holder Exxon. The Court of Appeal also held that the trial judge did not unduly delay in giving her decision and was not in breach of the Time Limit for Judicial Decisions Act. Mr. Gaskin then appealed to the CCJ seeking to have the Court of Appeal decision set aside.
He contended that the delay by the High Court and Court of Appeal in delivering judgment contravened the relevant statutory time limits.
In delivering the judgment of the Court, Justice Anderson commented that Articles 25, 36, and 149J of the Constitution of Guyana, in expressly providing for environmental rights, placed protection of the environment upon an exalted plane and that these provisions must be borne in mind when interpreting legislation that touch and concern the environment.
“Under Subsection 14 and 4(5) of the Environmental Protection Act, the granting of environmental authorisation was a condition precedent to the power exercisable by the Minister under s 35 of the PEP Act to grant a Petroleum Production License,” the judge pointed out.
The ruling was delivered by Justices Adrian Saunders, Winston Anderson, Andrew Burgess, Maureen Rajnauth-Lee, and Denis Barrow.
Ms. Melinda Janki is among the attorneys on record for the Appellant Gaskin.
Edward Luckhoo SC, and Ms. Eleanor Luckhoo for the respondent and Andrew M F Pollard SC and Nigel Hughes were for the added respondents.
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