The Ministry of Public Works says it has observed waves of misinformation in the media about it awarding contracts to road construction companies outside the standard procurement method stipulated in the Public Procurement & Concessions Act of 2010.
In a statement dated April 23, 2024, the ministry said that awarding of contracts without budgetary appropriation contravenes the PFM Law of 2009 and the PPCA, referencing the US$2 million recently allotted as the only funding approved by the legislature.
They indicated that the ministry authorized contractors to secure loans without legislative approvals, citing article 34(D) of the constitution.
It further noted that compliant with Section 40 Count (2) of the PPCA of 2010, the Ministry prayed the Public Procurement and Concessions Commission on March 5, 2024 for No Objection to award Rehabilitation and Periodic Road Maintenance Contracts to Contractors already mobilized in the twelve corridors across the country.
The statement justified that the conditions under which the No Objection should be granted by the PPCC: that the Presidential 100-Day Deliverable is time-bound, and that there are Contractors with the requisite technical capacity that are being streamlined and were already mobilized in those corridors, coupled with a Letter of Commitment from the Ministry of Finance and Development Planning that the 100-Day Deliverables has been captured in the 2024 Draft National Budget.
“Premised on these justifications, a “No Objection” has been approved by the Public Procurement and Concessions Commission (PPCC) under Single Source Procurement Method for the Rehabilitation and Periodic Maintenance of Primary Road Corridors as indicated,” the ministry stated.
Meanwhile, the ministry has clarified that NO ILLEGAL CONTRACTS HAVE BEEN AWARDED AS WAS ALLEGED. Besides, its actions are all justified within the context of the Public Procurement Law.
The Statement: “Furthermore, the Ministry has, at no point in time, asked any Contractor(s) to secure loans as claimed by these Senators. Any Contractor securing loan from a commercial bank on account of a contract being awarded is doing so on the company’s volition, and does not represent the Ministry of Public Works. However, the Ministry states that this act does not require legislative approval.”
However, the statement acknowledged the concerns of some senators over the proper use of taxpayers’ funds, but said the onus is upon them to provide germane information relevant to the improvement of the road sector.
“On the margin of the New Democrat’s Monday, April 22, 2024 Vol. 30, NO 36 Edition, the Ministry of Public Works views such publication as “below the belt”, and runs contrary to a professional reporting standard that is accurate, Balanced and Credible – the hallmark of journalism. The Minister or the Ministry as a whole, has not done anything outside of the Law,” the statement said.
The Ministry therefore encourages the Media, as well as the public to analyze the facts before taking unto the airwaves, and To this end, it is important to emphasize that the President’s 100-Day Deliverables is on course, ensuring that road users are given the best possible convenience.
