Paulwell breached every breach that could be breached !

The GOJ have very clear procurement guidelines, which have been put in place to improve transparency and fairness and ensure to the best of our ability, the system in place meets best practises used elsewhere throughout the world.

Let’s examine the 318 MW Energy project .

Now what did we do with all of this ?

  1. The minister firstly oversteps his reach and accepts something that is not in his remit to accept.
  2. The minister takes a document that he should not have received in the first place  to  the cabinet.
  3. The highest legislative body in the country, further compounds the problem by giving its stamp of approval for it to continue to rest of the journey.
  4. The “independent” regulator further compounds the already compounded problem and accepts this proposal that breached its own procurement rules.
  5. The watch dog organization which is meant to keep everything above boards conducts an investigation and produces a report, which says the rules have been breached and the gave its recommendations.
  6. The “independent” regulator and the highest legislative body in the country ignores this and continues forward.
  7. The “independent” regulator then ask the entity to provide critical information to ensure the process can be as “transparent” as it can be ( given how murky its been already).
  8. The entity ignores that and provides information that was never requested
  9. The “independent” regulator however accepts the wrong information supplied and in so doing breached its own rules.
  10. The “independent” regulator having breached its own rules, further compounds that breach by making a recommendation that the company can proceed to the next step of the process .
  11. The government watchdog, the OCG having heard the plans of the “independent” regulator, once again reminded all concerned that it was not in support of the actions of the “independent” regulator and the selected entity should be removed from the process.
  12. The independent “regulator” once again dismisses the advice from the OCG and prepares a extensive document, which a number of safeguards, which clearly showed it too was not all that comfortable with the entity, but wanted to ensure it protected itself and the people of Jamaica.  This document was sent to the minister for him to sign and send to the entity.
  13. The minister had indicated before that under the OUR act is his bound by law to sign licenses that have been recommended to him by the OUR [as is] and without any modification. All such modifications must come from the authority so designated to do so ie the OUR.
  14. The Minister breached the rules of the OUR act, guts the document sent to him, removed most of the safeguards, signs and send off the amended document to the entity, without even passing on a copy of the illegally modified document to the OUR.
  15. The deadline as set out by the OUR passed and the OUR in accordance with the act that governs that body, advises the Minister that the entity has breached the rules governing the license, which means the next step of the process should now occur ie the 1% bid bound should be held and the entity be discarded.
  16. The Minister then advises the “independent” regulator, who is supposed to be the only one the entity is communicating with, that he is in possession of a letter written to him, indicating that the monies have been deposited in an account and the bank HSBC, will be preparing its own document in relation to the performance bond. This would in effect ignore the criteria laid out the “independent” regulator to the entity in relation to conditions set out in the performance bond.
  17. The “independent” regulator at this point is then made  aware that it’s  original document was trashed and a new one was inserted in its place, which the “independent” regulator would now have to review to see if there was a breach.
  18. The “independent” regulator then discovers that the Minister had illegally modified the document and now the entity was no longer in breach of the conditions laid out in the license as those criteria related ti timelines of payment of the bond and other critical timelines had all been removed.
  19. As part of the documents that “independent” regulator was to have received was a financing plan from the entity, which would clearly indicate how the project was going to be financed.
  20. The entity indicated it had approached a major financing organization for assistance and was rejected, which meant it now had no financing plan, which again would have been a breach of the license and reason for the entity to be dumped. The reason cited by the IDB was the process of selecting the entity was not transparent and did not pass the smell test.
  21. The Minister then amazingly decides to have an meeting with the OCG to try and have him breach the rules governing that office, but suggesting that he re-write a section of his findings to say he the OCG made a error.
  22. Not satisfied with trying to breach the OCG act by his conduct, the minister proposes to breach another rule, by trying to approach a multinational financial entity on the behalf of a private entity that is supposed to be doing business with the GOJ and is supposed to provide its own source of funds.
  23. The IDB says this would be most irregular of a government minister ( Kind of reminds me of Mannat, Phelps  and Phillips in the Dudus case).


Why is Phillip Paulwell willing to take all this risk to have EWI deliver the project ?

A minister just does not flout all the rules for nothing ?

Why would you risk you reputation of a company you barely know ?

Is there something we are all missing ?



2 Responses

  1. Jay, I have said from DAY ONE that the only reason the bid was made using EWI and not EWC was to facilitate corruption. I have long known that EWI would not present any audited financials of its own when called upon. What amazes me is that all of this information, or the lack of it, was available to the citizens of the world from DAY ONE, yet Elliot and Paulwell were allowed to reach this far with their deception.

  2. Very interesting questions. There is a lot more to this sordid affair with Minister Paulwell and EWI, but the media in Jamaica will not do their job to expose what it is. The opposition JPL has also failed us miserably by remaining silent and in apparent support of Mr Paulwell & EWI.

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