Press Release: The Public Procurement and Disposal of Property Act

The Public Procurement and Disposal of Property Act

Following assent and proclamation of certain parts of the Procurement and Disposal of Property Act No. 15 of 2015, amended by Act No. 5 of 2016 and Act No. 3 of 2017 (“the Act”), the Office of the President has had consultations with relevant agencies and international organisations with respect to establishment of the Board of the Office of Procurement Regulation (“the Procurement Board”).

Section 10 (1) of the Act is states:

10. (1)    The Office [of Procurement Regulator] shall be governed by a Board which shall be appointed by the President after consultation with the Prime Minister and the Leader of the Opposition and shall comprise no less than eight and no more than eleven members as follows:

  1. the Procurement Regulator who shall be the Chairman and who shall have at least ten years’ experience in matters relating to procurement and possess-
    1. a degree from an accredited University in a field relating to finance, economics or law; or
    2. a degree from an accredited University in accounting or an equivalent qualification in accounting;
  2. a member with qualifications and experience in accounting;
  3. a member with qualifications and experience in finance;
  4. a member with qualifications and experience in business management;
  5. a member with qualifications and experience in civil engineering;
  6. an Attorney-at-Law of at least ten years’ standing;
  7. a member with qualifications and experience in any other field relating to procurement; and
  8. no more than four members who represent the interests of the community, women, youth, religion or civil society.

The process of advertisements for Expressions of Interest for positions on the Procurement Board appropriately followed the determination, by the Parliament in May 2017, of some of the terms and conditions of Members of the Procurement Board. Notwithstanding its very limited resources, in order to be able to fill the 8 to 11 positions on the Procurement Board, the Office of the President has since advertised in all 3 of the major daily newspapers (The Trinidad Express, Guardian and Newsday) for the said positions, requesting Expressions of Interest, to be submitted to the Office of the President.

In addition, as part of the process of sourcing suitable candidates for the said positions on the Procurement Board, the Office of the President sent out letters to some 30 local, regional and international organizations, institutions, NGOs/civil society, requesting that each such organization put forward, at most, 5 persons, to be considered for the various specialized competencies under section 10 (1) of the Act.

Further to responses from such organizations and other sources, which submitted Expressions of Interest, the Office of the President has since short-listed potential candidates and is, at present, interviewing persons to fill the positions on the Procurement Board, including that of Procurement Regulator.

Further, by virtue of the Public Procurement and Disposal of Property (Amendment) Act No. 5 of 2016, section 51B, the President is required to appoint a Review Board, which shall comprise:

  1. a retired judge, who shall be the chairman;
  2. a registered engineer with at least 10 years’ experience in matters relating to procurement; and
  3. a chartered accountant or quantity surveyor with at least 10 years’ experience in in matters relating to procurement.

Section 51C (1) provides that the members of the Review Board shall be appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition, for a period of 3 years. The Office of the President is also addressing the appointment of the Review Board.

In keeping with the Procurement and Disposal of Property Act No. 15 of 2015, as amended, letters of consultation will very shortly be sent to the Honourable Prime Minister and the Honourable Leader of the Opposition.

The President should be in a position to appoint the Procurement Board by year’s end, December 2017, at latest.

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