The Ghana Water Company Limited has threatened to sue a private citizen, Alhassan Salifu Bawa, who petitioned the Office of the Special Prosecutor to investigate and prosecute its Board Chairman, Mr Afenyo-Markin for his involvement in the award of a contract to Intermec Ghana Limited without due process.
According to the GWCL, Mr Bawa allegation that the Company got the contract to provide and install transport pumps and other equipment for the GWCL because Mr Afenyo Markin received a car gift from the company.
In a statement from the GWCL, they denied Bawa’s allegations against their board chairman and noted that the allegations are unfounded and that the contract was awarded according to the rightful procurement procedures.
“It is to be explicitly and categorically stated that there has neither been any breaches nor infractions at all since GWCL has been dutiful in upholding and adhering strictly according to the laws of the Republic, in its procurement process.
“The procurement issue in question, that is, ‘Supply and Installation of Transport pump, control Panel and additional items for Takoradi Pump House at Inchaban Treatment Plant’, was procured through single sourcing and the justification for that option is in line with Section 40 of Act 663.”
GWCL explained the contract stated by Mr Bawa was awarded at a time Mr Afenyo-Markin was yet to be appointed for the position.
According to the Ghana Water Company Limited, the contract was approved by the Public Procurement Authority (PPA) in October 2016.
“Considering the fact that the current chairman of the Board was appointed into office on 7th September 2017, it makes it inconceivable that Mr Afenyo-Markin is accused of breaches of the law in this regard.”
The GWCL further pointed that Mr Bawa is only seeking to target the company, and not Mr Afenyo-Markin as it may seem, and that it is ready to sue the petitioner if he cotinues with the unfounded allegations.
“Management of GWCL remain willing to subject itself to all investigations instituted either by the Special Prosecutor or any other investigative agency into these issues.
“The Management of the Ghana Water Company Limited further cautions Mr Alhassan Salifu Bawa and his cohorts to desist from dragging the hard-earned reputation of the company through the mud. Management will not hesitate to seek legal redress if due diligence is not conducted into allegations which it is a subject of, before publication.”
Read the Full Statement
GHANA WATER COMPANY LIMITED
Main Bankers: GCB Bank Limited
Societe Generale Ghana
National Investment Bank
My Ref. No.
Your Ref. No.:………………………………….
Post Office Box MB 194
Accra – Ghana
DATE:1st October 2019
CONTACT: Stanley Martey- Chief Manager (PR/Communications)
TELEPHONE Nos: 0244 336180 / 0264 336180
RE: BOARD CHAIRMAN AFENYO-MARKIN DRAGGED TO AMIDU OVER CONTRACT BREACHES
The attention of the Board and Management of GWCL has been drawn to a media publication titled, “GWCL Board Chairman Afenyo-Markin Dragged to Amidu over Contract Breaches”, purported to be a petition to the Special Prosecutor for investigation and prosecution.
An edited version of this same article was published in the 30th August 2018 edition of the Daily Dispatch Newspaper which was subsequently retracted with an apology to the parties mentioned in the said article.
Some allegations have been made in these articles against the Board Chairman, Hon. Alexander Afenyo-Markin and considering the chronology of events, Mr Markin, as at then, had not assumed his position as Board Chairman, and therefore could not have been in any way, involved, so as to cause the alleged breaches raised by the petitioner. The Management of GWCL deems it necessary to set the record straight, educate and inform the petitioner, Mr Alhassan Salifu Bawa that the Ghana Water Company Limited, operates an open door policy and is willing to assist any individual in a quest to unravel any misconceptions about GWCL and its operations.
Board of Directors: Hon. Alexander Afenyo-Markin (Chairman), Ing. Dr Clifford Braimah (Ag. Managing Director), Mr. Joseph Obeng-Poku, Mr Michael Ayesu, Naba Sigri Bewong, Hon. Kwame Amporfo Twumasi, Mr Clement Alosebuno Kaba, Dr Forster Kum-Ankama Sarpong, Mad. Maria Aba Lovelace-Johnson
Registered Office: 28th February Road, (Near Independence Square)
Telephone: 233-0302-666781-7 Fax: 233-0302-663552 Telegrams: DIRWAT
Website: www.gwcl.com.gh E-mail:email@example.com.
GWCL is a Limited Liability Company under the Companies Act, 2019 (Act 992), originally established as Ghana Water and Sewerage Corporation under the now-repealed Ghana Water and Sewerage Corporation Act, 1965 Act 310). All contracts are awarded in accordance with the Public Procurement Act, 2003 (Act 663). The 5th schedule of the Amendment Act stipulates the use of international competitive tender for goods above GHs10 Million, works above GHs15Million and technical services above GHs5Million. For National Competitive Tender, the threshold for Goods is between GHs100 Thousand and GHs10Million, for Works GHs200 Thousand to GHs5Million and Technical Services between GHs200 Thousand to GHs5Million. In respect of Price Quotation, it is up to GHs100 Thousand for Goods, GHs200 Thousand for Works and GHs50 Thousand for Technical Services. It is pertinent to note that the default method for all public procurement is through competitive tendering. The law, however, allows for certain exceptions where entities could engage in restrictive tendering and /or single source procurement pursuant to the provisions and stipulated procedures of the Public Procurement Authority Act. GWCL as a public entity ensures that its procurement of Goods, Services and Works are done in strict conformity with the law.
The procurement issue in question, that is, “Supply and Installation of Transport pump, control Panel and additional items for Takoradi Pump House at Inchaban Treatment Plant”, was procured through single sourcing and the justification for that option is in line with section 40 of Act 663. Emphasis on subsections 1(a) & (d)(i) which states;
“A procurement entity may engage in single-source procurement under section (1) with the approval of the Board.
1. Where goods, works or services are only available from a particular supplier or contractor, or if a particular supplier or contractor has exclusive rights in respect of the goods, works or services, and no reasonable alternative exists or per the substitution of paragraph (d) of the Amendment Act.
(d) Where the procurement entity having procured goods, equipment etc. determines the additional supplies must be procured from the supplier …. Because of standardisation or compatibility with existing goods, equipment etc taking into account.
1. The effectiveness of the original procurement in meeting the needs of the procurement entity.
The Western Regional Office of the GWCL wrote to the Head Office to procure 23 No. Eletro-mechanical equipments and spares for the replacement of the existing defective ones, to enable the region to improve on production and supply of potable water to the Sekondi-Takoradi Metropolitan Area.
Due to the exigency of the request, and the fact that the Electro-mechanical equipment requested for, was to be used for replacement, there was the need for standardisation and compatibility with the existing equipment. Hence, the justification given by GWCL to the PPA was; the replacement of existing branded item of proprietary nature for standardisation and compatibility with existing equipment.
The original equipment’s manufacturer’s sole representative for West Africa is Messrs. Intermec Ghana Limited. GWCL in line with the law applied to the PPA with justifiable reasons for single sourcing. The PPA per a letter dated 16th October 2016, approved and granted GWCL’s request to single source the demanded necessary equipment from the local representative Messrs. Intermec Gh. Limited. GWCL, as a result, budgeted for the equipment and subsequently awarded the contract for the supply and installation in March 2017.
Considering the fact that the current chairman of the Board was appointed into office on 7th September 2017, it makes it inconceivable that Mr Afenyo-Markin is accused of breaches of the law in this regard. It is to be explicitly and categorically stated that there has neither been any breaches nor infractions at all since GWCL has been dutiful in upholding and adhering strictly according to the laws of the Republic, in its procurement process. Management infers that GWCL is rather the target of these articles and not the Board Chairman since he took office in September 2017 after all these transactions had transpired. Management of GWCL remains willing to be subject itself to all investigations instituted either by the Special Prosecutor or any other investigative agency into these issues. The Management of the Ghana Water Company Limited further cautions Mr Alhassan Salifu Bawa and his cohorts to desist from dragging the hard-earned reputation of the company through the mud. Management will not hesitate to seek legal redress if due diligence is not conducted into allegations which it is a subject of, before publication.
Mr Alhassan seeks to deliberately ignore due diligence into specific allegations before circulating same in the media and making it the subject matter of a petition.
Source: therepublicnewsonline.com/Felix Nyaaba