A Procurement master, Kobina Ata-Bedu, has scrutinized the premise on which the structural plan contract for the National Cathedral was sole-obtained to Sir David Adjaye and Associates Limited.
As per him, sole-obtaining the agreement to Mr. Adjaye was unlawful, since the agreement didn't fit the bill for that.
"I (need to) inquire as to why the Public Procurement Authority (PPA) CEO and board endorsed the agreement on the grounds that, according to an engineering perspective, it qualifies under no situation for sole obtaining," he said on JoyFM's Super Morning Show, on Monday, June 20. His remark follows the charge by Vice President of IMANI Africa, Bright Simons, that the engineering work for the National Cathedral undertaking was sole-obtained to Sir David Adjaye and Associates Limited at $22 million. Mr. Simons had demanded that the $22 million understanding adds up to 10 percent of the complete expense to be brought about for the National Cathedral undertaking.
In a tweet shared on June 16, 2022, the Honorary Vice President of IMANI added that Sir David Adjaye and Associates Limited were paid $6 million even before they started work.
"To construct its public house of God, Ghana chooses to single-source simply the engineering to Adjaye and assoc for $22m (10% of task cost!) And pay $6m forthright!," bits of the tweet read. Mr. Ata-Bedu likewise expressed that Mr Adjaye had not been drafted into the Architecture register when the agreement was granted to him (which was an essential for granting the agreement), thusly, he was not equipped for the agreement.
What the Law says regarding sole obtaining
Segment 40 of the Public Procurement Act (act 663) says that;
(1) An obtainment substance might take part in single-source acquirement under segment 41 with the endorsement of the Board,
(a) where merchandise, works, or administrations are just accessible from a specific provider or worker for hire, or on the other hand in the event that a specific provider or project worker has select privileges in regard of the products, works or administrations, and no sensible other option or substitute exists;
(b) where there is an earnest requirement for the merchandise, works or administrations and taking part in delicate procedures or some other strategy for acquirement is unfeasible because of unforeseeable conditions leading to the desperation which isn't the aftereffect of lazy direct with respect to the obtainment element;
(c) where attributable to a horrendous occasion, there is a pressing requirement for the products, works or specialized administrations, making it illogical to utilize different strategies for obtainment due to the time engaged with utilizing those techniques;
d) where an obtainment element, that has secured products, gear, innovation or administrations from a provider or project worker, establishes that
(I) unexpected supplies should be obtained from that provider or worker for hire in view of normalization; (ii) there is a requirement for similarity with existing products, hardware, innovation, or administrations, considering the viability of the first acquirement in addressing the necessities of the acquisition element; (iii) the restricted size of the proposed obtainment comparable to the first acquisition gives legitimization;
(e) where the obtainment substance looks to go into an agreement with the provider or worker for hire for research, trial, study, or improvement, aside from where the agreement remembers the creation of merchandise for amounts to lay out business practicality or recuperate innovative work expenses; or (f) where the acquisition element applies this Act for acquisition that concerns public safety and discovers that solitary source obtainment is the most suitable technique acquisition.
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