Audio By Carbonatix
A procurement expert, Collins Sarpong, has raised concerns over potential breaches in procurement laws, advising government entities on the correct procedures for engaging private legal services.
In an interview on Joy FM Top Story on Thursday, October 31, Mr Sarpong noted that per Section 40 of the Act, entities seeking single-source procurement must receive prior approval from the Public Procurement Authority (PPA).
However, in a recent case, a government entity’s request to engage private legal services on a single-source basis was denied by the PPA, which recommended the Attorney General’s office as the provider.
The Attorney-General and Minister for Justice, Godfred Yeboah Dame, has also accused Speaker of Parliament Alban Bagbin of violating procurement laws by hiring Thaddeus Sory as a lawyer for the Parliamentary Service without the necessary approvals.
Mr Dame labelled the Speaker’s actions as unlawful.
A letter from the Public Procurement Authority (PPA) recently emerged, rejecting a request to single-source Sory@Law, Thaddeus Sory’s firm, as Parliament’s solicitor on retainer.
The expert warned that the Speaker proceeding with a private legal service without going through a competitive process after a single-source request has been rejected would violate procurement law.
Instead, the expert advised that the Speaker could invite multiple legal providers to bid for the service, ensuring a fair and compliant selection process.
“So my advice, or if I was the consultant, I would have recommended, that if you still want to use a private legal service, why don't you go through the competition? So then you can invite about 2,3,4, lawyers or service providers.
"Then you select from one, but if PPA turns down your request for procurement as a single source and you still go ahead and engage the services of one lawyer or personal legal service, it is a total breach.”
According to the expert, all branches of government, including special constitutional bodies like Parliament, the Judiciary, and the Council of State, are defined as procurement entities under the Public Procurement Act.
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