Contractor General powerless to act in Manatt affair

Jamaica Observer

Sunday, May 16, 2010

THE Office of the Contractor General (OCG) says it is powerless to act on the Manatt affair, citing the limitations under the Contractor General Act.

Citing media reports today which suggested that Contractor General Greg Christie should intervene in the Manatt Phelps and Phillips affair, the OCG said in a news release today that the Act sets out the functions and powers of a contractor general and, in so doing, has clearly demarcated the boundaries within which a contractor general can and cannot lawfully act in the discharge of his functions.

“The primary jurisdictional function of a contractor general… is to monitor the award and the implementation of Government contracts with a view to ensuring that such contracts are awarded impartially and on merit (and that) the circumstances in which each contract is awarded or, as the case may be, terminated, do not involve impropriety or irregularity,” the OCG said.

A contractor general is also empowered, at his sole discretion, to conduct an investigation into the award of any Government contract.

“What, therefore, is a ‘Government contract’...? A Government contract is defined by Section 2 of the Act as ‘including … an agreement entered into by a public body for the carrying out of building or other works or for the supply of any goods and services’. Section 2 of the Act goes on to define a ‘public body’ as ‘a ministry, department or agency of government; a statutory body or authority; or any company registered under the Companies Act, being a company in which the Government or an agency of Government, whether by the holding of shares or by other financial input, is in a position to influence the policy of the company.”

The OCG said unless a contractor general is first possessed with unimpeachable evidence that a ‘Government contract’, as defined by the Contractor General Act, has been or is in the process of being awarded by a ‘Public Body’, Christie will be powerless to act.

“It is vitally imperative that the foregoing is clearly understood since it logically underscores the next point which must be emphasised, which is that a contractor general has absolutely no lawful or any power or authority whatsoever, under the Contractor General Act, to commence an investigation to determine if a ‘Government contract’ has been awarded.

“It should also be emphasised that a contractor general who chooses to act recklessly or irresponsibly, not caring whether his actions are firmly founded within the four corners of the Contractor General Act, will not only lose the protection which the Act affords him from adverse criminal and civil proceedings, but he will also expose his actions to judicial review by the courts…” the OCG said.

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Contractor General powerless to act in Manatt affair