Hold contractors accountable

Editorial, Normal
Source:

The National, Monday March 23rd, 2015

 THE closure of the National Library and Archives in Waigani since last Wednesday by disgruntled contractors must not be tolerated by the Government.

This is a national institution that is an invaluable resource centre for the people, especially school children who frequent its facilities.

Why are these contractors holding the Government and the public to ransom, and claiming they own the building? This is an unlawful action that warrants their immediate and, if necessary, forceful removal from these premises.

The closure followed the National Executive Council’s decision to reject a K300 million claim by this particular group of contractors for work carried out for the Education Department in the National Capital District.

But Education Secretary Dr Michael Tapo says the claims are illegal and their recommendations fail to meet the minimum test and procurement processes.

The original claim by the contractors was a whopping K600m but the first audit revealed that 50 per cent consisted of “bogus” claims. The second audit further reduced the claim to K86m.

Cabinet has directed the department, in consultation with schools in NCD, to ensure that incomplete projects must follow proper procurement processes under the Pub­lic Finance (Management) Act. It directed the referral of the audit to “appropriate law enforcement agencies” for immediate implementation.

In announcing the NEC decision, Tapo revealed that since 2007, NCD education service providers and the heads of schools had collaborated with public servants and used the Government system without following pro­cedures, claiming money for work either incomplete or not done at all.

“People don’t respect due procedures. That goes for our schools in NCD. That is why they failed to realise the significance of minimum standards in terms of dealing with administration and management. We will now have the police look through their records of engaging these contractors and using public money.”

Despite the NEC’s decision and the Education Department’s concern about the irregularities in the processing of these contracts, the contractors insist their claims are valid.

They allege that Tapo and Education Minister Nick Kuman have “ill-advised” and “misled” the NEC into deciding that all their claims are illegal. 

“Some claims may be illegal but not all of them are bogus,” a spokesman for the contractors said last week.

We sympathise with the contractors who have done the right thing by submitting honest claims for completed work. They deserve to be paid by the Education Department.

However, we have no sympathy for those contractors who have been trying the cheat the system with the help of corrupt public officials. They do not deserve a toea of public money.

The contractors who clo­sed the National Library and Archive to demand payment must be held accountable over this wanton act of sabotage of a public resource centre. They have acted against the public interest and, in particular, prevented school children from access to information for their assignments and activities.

As Tapo said those contractors who believe they have submitted genuine claims can resort to legal advice for a review. It would be wise of them to take up Tapo’s offer to review their claims.

The prolonged dispute between the Education Department and NCD contractors is evident of the maladministration and corrupt practices that are rampant in the processing and awarding of such contracts.

We agree with Tapo that some of our people do not respect due process and the procedures that are put in place to administer the contracts system. The callous acts of cheating contractors and corrupt public officials have resulted in this debacle.

The Education Department is not the only government agency that has been continually harassed by contractors and service providers over non-payment of claims. Another is the PNG Electoral Commission, which has been besieged by payment claims for as far back as 2007.

If the contractors have a grievance they can seek legal redress. That is what the law is there for.