Former Ag. BVIPA MD Gave Out 2 Unauthorized No Bid Contracts—One for $2M

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BVI Platinum News

(PLTM) - “You’re telling me the whole Board is still hired; we know the Acting Managing Director is gone, but is the whole Board still hired?” Leader of the Opposition, Hon. Andrew Fahie asked in disbelief, as he learnt that the Board of the BVI Ports Authority repeatedly ratified unauthorized no bid contracts that were handed out by the former Acting Managing Director, Al Henley.

During the questions and answers segment of the July 19 sitting of the House of Assembly, it was announced that the Acting Managing Director, who served the BVIPA during the period of October 2017, awarded two major contracts without bids and without the Board’s knowledge. Further, it was revealed that the Board later tried to validate the unauthorized actions.

The details came to light when the Leader of the Opposition asked the Minister for Communications and Works, Hon. Mark Vanterpool, to inform the House of Assembly whether the BVI Ports Authority approved a no bid contract for works that were executed to repair the Road Town ports building.

Hon. Fahie wanted to know how the contract was executed without the Board’s authorization, considering the size of the contract.

In response, Hon. Vanterpool said that the Acting Managing Director awarded the contract in light of the urgency to have repairs done following hurricane Irma, as it was explained that the building was vulnerable and exposed to weather, looting and other negative elements.

“Therefore, work commenced immediately after to close the building and later a contract to secure the building was awarded,” Hon. Vanterpool explained.

The explanation seemed to perplex the Leader of the Opposition, who said that he understood otherwise from contractors who expressed interest in the project.

“Madame Speaker something is wrong...I have two contractors that lately tendered on this project—lately; and they are claiming that they spent some heavy money on bonds and Madame Speaker, they did not know that the contracted works were being done until they passed the building,” Hon. Fahie told the House.

“Madame Speaker, this was long after Irma, so is the Minister telling me that a Director inside Ports issued a $400,000 plus contract by himself without the Board, and then the Board went and ratified it and made wrong right?” Hon. Fahie asked.

The Leader of the Opposition further questioned why the BVI Ports Authority went ahead to validate an unauthorized decision that Acting Managing Director Henley made, knowing that bidding is required for contracts valued at $400,000.

In response, Hon. Vanterpool explained that the Board was legally required to validate the contracts.

“The Acting Managing Director issued contracts without the Board’s approval and legal advice to the Board was that those contracts were deemed legal, since the Managing Director was a signatory to the Board…So legally they were advised that the contract was legal and therefore the Board ratified this contract because it was legal,” Hon. Vanterpool stated.

Hon. Fahie then asked if this was the only instance where the Acting Managing Director issued a contract without the Board’s approval, and was told that it was not.

In admitting that there was another occurrence, the Minister for Communications and Works said, “Madame Speaker in terms of clear transparency, a contract similar to this was awarded to the total of $2.1M…the Board ratified that.”

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