By Mama A. Touray
Director of Procurement Policy and Operations from the GPPA, Ebrima Sanyang, on Monday, 17th July 2023, appeared before the ongoing Local Government Commission of Inquiry at Djembe Hotel in Senegambia.
In proceeding at the commission, the witness statement was shown to him and he confirmed it. Deputy Lead Counsel, Patrick Gomez, tendered to the witness, (Ebrima Sanyang’s), a written statement dated 30th May 2023, and the Commission admitted it into the records as evidence.
Testifying on the report conducted on Brikama Area Council, he said Brikama Area Council did not develop specifications in their procurement activities.
Mr. Sanyang further informed the Commission that specifications are very important as it indicates what is needed and that it is what guides the procurement. He stated that without specification the area council may buy things that they do not need and they may not get the right items.
He cited a transaction in which Brikama Area Council purchased an HP laptop for Thirty-Two Thousand Dalasi (D32,000) and one Dell Computer for One Hundred and Thirty-One Thousand Six Hundred and Seventy-Five Dalasi(D131,675). He testified that the transaction did not provide any specifications for the computers needed.
He said the award decisions of contracts are mainly based on discretion if specifications are not provided.
Also, he continued, that providing a brand name in a procurement process is wrong. He explained that branding is against the principles of procurement because it discourages competition. He pointed out that without competition there will not be value for money and that procurement requires competition as it ensures there is value for money.
Mr. Sanyang stated that the local purchase order is a very important document in the procurement process “After taking an award decision, the area council is required by law to issue a purchase order to the supplier indicating their offer. And this only happens after competition and after taking an award decision, the identification of a supplier”.
He detailed that a purchase order is what confirms to the supplier that he or she has been awarded the contract by the area council. He emphasized that this only comes after a contract is awarded.
“It is a legal document to show that you (area council) are entering a contract with a supplier,” the witness said.
He testified that the Gambian procurement laws require that area councils provide GPPA with monthly reports of procurement activities they do and added that the procurements sent to GPPA every month are the ones that do not require GPPA’s prior approval. Noting that, the Brikama Area Council has not been doing that.
He further testified that the Brikama Area Council has not been conducting a market survey to know what prevails in the market in terms of price, quality, and availability. He informed the Commission that some of the prices the Brikama Area Council provided were “exceptionally high”.
“The reviewers (from GPPA) looked at what was paid and what prevailed in the market. The review revealed that the prices paid far exceeded the prices in the market,” he told the commission.
“Why is that the case?” Deputy Lead Counsel Patrick Gomez asked.
“It may be because of no proper market survey. Probably, it could be deliberate for some financial gains. It could be there was pollution. It could be rigged,” Sanyang replied.
Sanyang emphasized that if the proper procedures were followed, it was unlikely for things like that to happen.
Meanwhile, the Local Government Inquiry Commission was set up to conduct a full and impartial investigation of the local government councils. It also seeks to perform a holistic and fair review of the financial and administrative operations of councils to enhance transparency and accountability in the councils.