However, probe highlights weaknesses in procurement system

Jamaica’s Integrity Commission has cleared two government workers at the Office of Disaster Preparedness and Emergency Management (ODPEM) of any wrongdoing in its probe into allegations of impropriety, irregularities and conflict of interest in the award of a contract for the execution of painting works at the entity.

The commission’s director of investigation initiated its probe on December 16, 2020 following a complaint, which was received on November 9, 2020. The complainant alleged that, sometime in November or December 2019, Angela Whyte, ODPEM’s senior director of corporate services, awarded a painting contract to an employee, Woodville Lewis.

It was further alleged that Whyte sought and received several quotations for the job and then gave Lewis inside information so that he could charge less.

During its probe, the commission, one of Jamaica’s anti-corruption bodies found that ODPEM sought quotations from General Paintings Limited, Albert Painting Service and Skyjam Jamaica for the painting of the guardhouse/security post on the entity‘s premises.

A recommendation was then made by administrator Arlain Taylor to Dennis Spencer, senior procurement officer, for the award of contract to General Paintings Limited for painting the guardhouse/security post in the amount of J$100,724.74.

Notwithstanding the recommendation for the award of contract to General Paintings Limited, a quotation was requested verbally from Lewis, who is employed in the capacity of a groundsman at ODPEM.

Engagement of Lewis for the painting job

A pro forma invoice was submitted by Lewis on December 17, 2019, in the amount of $54,500.00. A purchase order, dated December 30, 2021 was prepared by the ODPEM and addressed to Lewis in the said amount for the execution of the referenced painting works.

Lewis was selected for the award of contract on the basis that the quotation submitted by him was the most economic choice for the minor job and also because he had the technical competence to execute the painting works.

Having regard to the allegation that Whyte sought and received several quotations for the job and then gave Lewis, her co-worker, inside information so that he could charge less, the commission sought to determine the nature and extent of the relationship which existed between the two.

By way of a judicial hearing convened on January 6, 2021, Lewis described his relationship with Whyte to be that of a professional nature. 

Similarly, Whyte, by way of a judicial hearing convened on January 20, 2021, corroborated the representation made by Lewis as it relates to the extent of their relationship, wherein she specifically indicated, inter alia, that “our only interaction is at work… and it is strictly work”.

Based on a review of the documents and statements, the Integrity Commission concluded that the extent of Whyte‘s involvement in the award of contract to Lewis was in the granting of the approval and the verification of the completion of the works.

In keeping with the internal procedures of ODPEM, Whyte is duly authorised to approve contracts below J$100,000.

The Integrity Commission concluded that, based on the evidence presented, that there was no evidence that a conflict of interest existed between Lewis and Whyte in the award of contract for the referenced painting works.

The director of investigation found no evidence to support a relationship other than one of a professional nature between Whyte and Lewis.

ODPEM committed procurement breaches

The commission concluded that ODPEM breached procurement rule Appendix 8, Clause A8.22, which indicates that regardless of the method of procurement or the source of funding, it was critical that transparent procedures be established so that the entire procurement process might be traced from beginning to end.

It was found that ODPEM breached Section 5.1 of the Government of Jamaica Public Sector Procurement Policy, specifically as it relates to the guiding principles of transparency, value for money, integrity and equity.

More particularly, ODPEM failed to document, among other things, the basis on which a quotation was requested from Lewis and that the preparation of the purchase order approximately nine days after the commencement of the referenced painting works, ran counter to the ODPEM‘s own internal procedures for procuring goods or services below J$100,000.