Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has sued government over procurement breaches in the award of contract for the construction of 111 health facilities across the country.
Contained in a writ filed at the High Court, Mr Dafeamekpor revealed that government disregarded procurement laws when it awarded a building design contract to Adjaye and Associates.
He further alleged that an amount of GHC36 million of public money has been paid to the company as consultancy fees. This, he argues, breaks aspects of the country’s constitution.
Mr Dafeamekpor also revealed government contracted Enterprise Insurance to oversee the insurance of the project and iRisk Management Limited, as the insurance broker.
By implication, iRisk Management Limited will handle correspondence with the insurance company. Per the writ filed, it also suggests that iRisk Management will also address any claims that may arise and provide risk management advisory services.
“…The need for an insurance brokerage firm and an insurance company to the Agenda 111 project could not be classified as an ‘urgent need for services’ and as such could not form a basis for sole-sourcing.
“…The Defendant, in contracting iRisk Management Limited and Enterprise Insurance, ignored the procurement processes laid down by law, in particular, the Public Procurement Act, 2003 (Act 663)”.Mr Rockson-Nelson Dafeamekpor
Housing Ministry responsibility in Agenda 111 project
The Ministry of Works and Housing, as opined by Mr Dafeamekpor, is mandated by the Public Procurement Act to ensure competitive tendering process. As such, the Ministry is also mandated to “undergo a two-stage procurement process by sending out invitation documents”.
This, he explained, will afford insurance brokers, insurance companies and interested persons an opportunity to submit initial tenders.
That notwithstanding, Mr Dafeamekpor indicated that manner in which the Defendant contracted iRisk Management Limited and Enterprise Insurance “could not be said to be under the restricted tendering”.
Thus, “it did not satisfy the conditions and requirements provided under Section 38 of the Public Procurement Act, 2003 (Act 663)”.
“…iRisk Management Limited and Enterprise Insurance were not the only available insurance broker in the business of providing insurance brokerage and have no exclusive rights in relation to insurance brokerage contracts for public building designs in Ghana”.Rockson-Nelson Dafeamekpor
Reliefs sought by plaintiff
As part of the reliefs sought by Mr Dafeamekpor, is the declaration of the Defendant’s failure to award the contract via competitive tendering. This, he noted, “was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663)”.
Also, he is seeking for the defendant to declare the failure comply with the laid down procedure provided under Public Procurement Act.
“An order directed at the Government of Ghana to terminate the building design contract with Adjaye and Associates. An order directing the Defendant to engage in a competitive two-stage tendering procurement process in order to award the contract…”Mr Rockson-Nelson Dafeamekpor
Following this, Mr Dafeamekpor wants an order that the GHC36,000,000 advanced to Adjaye and Associates as for consultancy fees be refunded to the State.
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