Gov't, JPS and bad contracts

Glenn Tucker, Contributor

MANY OF us were in black last Friday as a sign of protest at the way we were being treated by the Jamaica Public Service (JPS). Some were demanding that the Government 'do something' about the amount they were being charged for electricity. Well, our Government signed a contract with the power suppliers. A contract is a legally binding agreement between two or more parties. Any attempt by one party to unilaterally change or dishonour aspects of the agreement could place that party at the receiving end of some hefty lawsuits. And that's just the beginning of the problems.

I find it mischievous and dishonest for persons who know this to push the less learned among us to demand this of Government. It should not be forgotten that the Government has members on that board who, up to the time of the public outcry, seemed to be quite comfortable with what was happening

One of the reasons given for the high cost of electricity was that many persons were stealing electricity. When communities were required to register for 'legal light', I thought the adjustment would be reflected in our bills. The amount increased instead of decreasing.

Shady agreements

It may be considered out of order if I asked whether our lawmakers understand the differences between national and international procurement practices. But when one reads some of these agreements we have entered into with foreign investors, they seem to ignore some common principles that span many procurement systems across the world. Are there, for example, any provisions for dispute resolution processes? And what of the influence of international organisations like United Nations Commission on International Trade Law and the World Trade Organisation?

There has been so much criticism of the arrangements we enter into with foreigners - and our own nationals - one would have thought that there would be an agreement by this, to make the processes so open and transparent that by the time these agreements are to be signed there would be some sort of consensus. But year after year, administration after administration we have the same accusations about bad contracts.

It can only be to our benefit to discuss openly the choice of partners and the nature of the relationship, taking into consideration the consequences for the Jamaican people. What is also needed is a guidebook on best practices in contract administration. This involves those activities performed by government officials after a contract has been awarded to determine how well the government and the contractor performed to meet the requirements of the contract. It encompasses all the dealings between government and the contractor from the award of the contract until work has been completed and accepted or the contract terminated, payment made, and disputes resolved. It constitutes that primary part of the procurement process that ensures the government gets what it paid for.

If we do not take these steps now, I am sure that before the year ends we will again be trying to catch more horses after they have bolted.

Glenn Tucker is an educator and a sociologist.