ONE DAY before the contractor general's deadline for the Information Minis-try to present details of its Olympic celebrations expenditure, the Government is defending its decision to exempt some services from the procurement guidelines.
In responding to a Gleaner request for information, the finance ministry yesterday backed the Cabinet decision to exempt legal services and artistic products from the Government's contract procure-ment guidelines.
The finance ministry argued that the engagement of attorneys for highly specialised assignments and litigation has been problematic.
"Quite often, the need for representation is a pressing one where an attorney has to be instructed quickly to enter an appearance in litigation matters. This procurement is not typical of the usual procurement undertaken for other services," the finance ministry said.
For emergency purposes
Legal services and artistic products were exempted from the Government's contract in August, but there has been no public statement from the Bruce Golding administration on the matter.
The administration has, however, sought to justify its decision to exempt five state entities from the procurement guidelines without any comment on legal services and artistic products.
Responding to criticisms from the contractor general, Golding told Parliament that the decision to remove the Port Authority of Jamaica, Air Jamaica, Petrojam, the Jamaica Tourist Board and Jamaica Vacations from the guidelines would allow them to respond to emergency situations and to be more efficient in their operations.
Memo out
But days after the prime minister's address to Parliament on October 7, The Gleaner received a copy of a circular, signed by then acting financial secretary, Darlene Morrison, which informed perma-nent secretaries and heads of department of the easing of the restrictions that govern artistic products and legal services, effective September 22.
"The selection of an attorney is based on several factors, including track record, experience, and specialised area of practice. The National Contract Commission (NCC) does not register providers of intellectual services. In the absence of a register, there is strong reliance on client reference and recommendation," the finance ministry said.
This was reflected in June when the NCC approved an $8 million contract for Jamaica Labour Party treasurer, Chris Bovell, through the firm DunnCox, to provide legal services for the divestment of the sugar assets.
With the change, government entities would not need the approval of the NCC to employ Bovell or any other attorney for non-routine assignments and litigation which are not coveredby the Attorney General's Department.
The finance ministry said similar principles guided the Cabinet's decision to ease the procurement guidelines for artistic and cultural products.
The ministry had previously claimed that it was of the view that goods and services of an artistic nature must be exempted from the procurement guidelines.
"Artistic and cultural products are distinguished on the basis of uniqueness and creativity and are unlike other goods and services regularly procured under the procurement guidelines," the finance ministry said at that time.
Sparked concern
This has already sparked concern by the contractor general, who has launched a probe into the awarding of contracts by the Ministry of Information, Culture, Youth and Sports for the recent homecoming week of celebrations for the Olympians.
The contractor general has requested the information ministry to provide him with details on every contract valued at more than $100,000 which was awarded in connection with the week of celebrations.
The ministry has been given until midday Wednesday to provide the preliminary information.
arthur.hall@gleanerjm.com