What is the Contractor General?

 

 

Role and Function

The Contractor General is an independent, anti-corruption Commission of Parliament. It was established by the Contractor General Act in 1986.

It is the State’s leading institution in the quest to ensure that the public sector procurement process delivers value to the tax-payer, is merit based, is free from corruption, impropriety and irregularity and is transparent, impartial, competitive, fair, efficient and effective.

The primary functions of the Contractor General are the monitoring and investigation of the award of Government contracts, licenses and permits.

Appointment and Independence of Contractor General

The Contractor General is appointed by the Governor General, by instrument under the Broad Seal, after consultation with the Prime Minister and the Leader of the Opposition.

As an independent Commission of Parliament, the Office of the Contractor General (OCG) is not a Public Office nor is the Contractor General a Public Officer, falling within the portfolio of any Minister of Government. In the exercise of his statutory powers, a Contractor-General is not subject to the direction or control of any other person or authority.

The current Contractor General is Greg Christie. He was appointed into office, effective December 1, 2005. He is a Jamaican national and a Caribbean and British trained Attorney-at-Law.

Tenure and Independence of Contractor General

To ensure that the Contractor General is granted almost complete independence of office, the Contractor General Act provides that he holds office, in the first instance, for a period of seven (7) years.

The Contractor General can only be removed from Office for his inability to discharge his functions (whether arising from infirmity of mind or body), misbehavior or trading with the Government without the prior approval of Parliament.

The process of removal first requires both Houses of Parliament to agree to the ordering of an investigation to have the Contractor General so removed from Office. Thereafter, a special tribunal, comprising of not less than three present or former appellate court judges, must be appointed by the Governor General to enquire into the matter and to thereafter make a recommendation to the Governor General as to whether or not the Contractor General ought to be so removed from Office.

Functions of the Contractor General

 

The principal functions of the Contractor General are to monitor the award and implementation of Government contracts with a view to ensuring (a) that such contracts are awarded impartially and on merit, (b) that the circumstances in which such contracts are awarded or terminated do not involve impropriety or irregularity, and (c) that the implementation of such contracts conforms to the terms thereof.

 

The Contractor General is also mandated to monitor the grant, issue, suspension or revocation of any prescribed licence. Additionally, he is empowered to conduct investigations into certain matters, such as the registration of contractors, tender procedures, contract awards and grants of licences.

 

Investigative and Contract Monitoring Powers of the Contractor General

 

To facilitate the effective discharge of the aforementioned functions by the Contractor General, the Act enclothes him with very wide and over-arching investigative and monitoring powers.

 

These include his entitlement to be advised of the award of any Government contract. He also has an almost unfettered and unrestricted power of enquiry to enable him to secure unimpeded access to any public office, premises, officer, person, document, record, information or thing which, in his discretion, he might deem vital to the discharge of his functions under the Act.

 

The powers of the Contractor General extend to all Government contracts and to every Ministry, department and agency of Government and to every statutory body. It also extends to any company which is registered under the Companies Act in which the Government, whether by the holding of shares or by other financial input, is in a position to influence the policy of the company.

 

The Contractor General cannot, however, without the prior approval of Cabinet, investigate a contract which has been entered into for the purposes of defence or for the supply of equipment to the Security Forces.

 

Upon completion of an investigation, the Contractor General is required to –

 

·         inform the principal officer and the Minister having responsibility for the relevant Public Body of the results of the investigation; and

·         make such recommendations as he considers necessary in respect of the matter which was investigated;

 

The Contractor General is vested with the powers of a Judge of the Supreme Court and can summon and examine under oath any person who has made representations to him or any officer, member or employee of a Public Body or any other person who, in his opinion, is able to furnish information which relates to an investigation.

 

The Contractor General acts on his own initiative and investigations are only conducted by him if he deems same desirable or necessary.

 

Criminal Sanctions for Obstructing or Refusing to Comply with the Directives of the Contractor General

 

Any person who willfully makes any false statement to mislead or who misleads or attempts to mislead a Contractor General or who without lawful justification or excuse, obstructs, hinders or resists a Contractor General, or who fails to comply with any lawful requirement of a Contractor General, is guilty of a criminal offence under the Contractor General Act.

 

General  - Office of the Contractor General

 

The Contractor General is supported by the Office of the Contractor General (OCG). The OCG is essentially comprised of the administrative, technical and secretarial personnel who are retained and employed by the Contractor General to assist him in the discharge of his functions and mandates under the Contractor General Act.