Complaints
| What is a complaint? |
A complaint is formal written statement of an allegation that bid rigging or other forms of collusion, an irregularity in procurement proceedings or a breach of the Public Procurement and Disposal of Public Property Act No. 1 of 2015, as amended (“the Act”) has occurred. This is submitted to the Office of Procurement Regulation (“the Office”) in accordance with section 41 of the Act. These can be submitted via:
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| What can I complain about? |
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A complaint can be made in relation to: 1. Bid rigging or other forms of collusion between all or any of the interested parties to procurement proceedings. Bid rigging is defined as collusive price-fixing and anti-competitive behaviour which is designed to unfairly influence the outcome of a competitive tender process in favour of one or more bidders; 2. An irregularity in procurement proceedings; or 3. Any alleged breach of the Act, such as:
• Breach of Confidentiality (Section 39) • Victimization (Section 40) • Failure to report collusion (Section 41) • Concealing/destroying information required for examination/investigation (Section 46) • Failure to comply with requirements of confidentiality in challenge proceedings (Section 52) |
| Who can make a complaint? |
| Any Party involved in public procurement or disposal of public property or any member of the public may make a complaint to the Office through any of the available channels. These include but are not limited to contractors, suppliers, consultants, persons working in public bodies etc. It is prudent to note that the Office, pursuant to section 41(1) of the Act, may on its own initiative consider, inquire into and investigate any alleged breach of the Act. |
| What do I need to submit when lodging a complaint? |
A complaint can be submitted to the Office by completing an OPR Complaint Form. The Complaint Form records:
• Representatives of the Complainant (if any) • Information on the public body or person that is subject to the complaint • Offences that may be applicable to the complaint • Details of the complaint • Details of supporting documents |
| How will my complaint be handled? |
| Once a complaint is received by the Office, a Complaints Officer will conduct an intake of the Complaint Form and any supporting documents and assign a number to the Complaint. The Complainant will receive an acknowledgement of receipt of the Complaint. The Complaint is then reviewed by the Legal Department to ensure that the subject of the complaint falls under the purview of the Act. The complaint is then transmitted to the Audit and Investigations Department and assigned to an Investigator who will conduct an investigation of the allegations made. Once the investigation is concluded a report is prepared and relevant action taken. The Complainant will be notified of the result of the investigation. |
| OPR's Investigative Function and Powers of Investigation |
| The functions of the Office are set out extensively in section 13 of the Act. For the purpose of complaints, noteworthy functions of the Office are as follows: • 13 (1) (h) To audit and review the systems of procurement and disposal of public property in public bodies to ensure compliance with the objectives of the Act. • 13 (1) (n) To investigate on its own initiative or upon complaint from any party involved in public procurement or disposal of public property or any member of the public, any alleged or suspected breach of the Act. The powers outlined in section 14 (1) of the Act, ensure that the Office can adequately perform the functions outlined in section 13. In the performance of its functions, the Office may: • Monitor procurement activities and disposal of public property within public bodies to ensure compliance with the Act. • Conduct audits and periodic inspections of public bodies to ensure compliance with the Act. • Issue directives to public bodies to ensure compliance with the Act. • Carry out such other activities and perform acts as are necessary or expedient for carrying out its functions.
• To produce any book, record, document, information in the manner and time specified to the Office or a person specified in the notice. • To reproduce or assist in reproducing information recorded or stored in any book or document. • To appear before the Office or specified person to produce any information orally or in writing, and produce any book, record or document in the manner and time specified. • Require a person to give orally or in writing, information on oath or affirmation. • Apply to the High Court to compel a person to appear before the Office to give information.
• Examine and make copies of or remove from premises all such books, records, documents and all other things subject to the investigation whether or not they are in the possession or control of the person in respect of whom the investigation is ordered or of any other person. • Enter premises of a public body during reasonable hours upon obtaining an order of the High Court. |
| RESOURCES: |
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a. Complaint Form b. Complaint Form guidance notes c. Checklist of documents for complainants d. Sensitization material – link to webinars, electronic brochures, ads. For more information or queries contact us via our Help Desk at oprhelpdesk@org.tt or call us at (868) 627-4OPR (4677) or (868) 266-4OPR (4677)” |
Frequently Asked Questions
(a) acting in good faith and on the basis of a reasonable belief has:
- Notified the Office, the Director of Public Prosecutions, the Integrity Commission, or the Trinidad and Tobago Police Service that his employer or any other person has contravened or is about to contravene this Act.
- Done or stated his or her intention of doing anything that is required to be done in order to avoid having any person contravene this Act.
- Refused to do or stated the intention of refusing to do anything that is in contravention of this Act.
A person found guilty of victimisation is liable on summary conviction to a fine of $500,000.00 and imprisonment for one (1) year.
Additionally, section 47 of the Act ensures that no person shall be regarded as having breached any duty to which he is subject, by reason that he has communicated any information or opinion on a matter which is relevant to any function of the Office, provided that he has acted in good faith.
According to section 46 of the Act, it is prohibited to withhold, conceal, or destroy or refuse to produce any books, documents or records that are required for the purpose of an examination or investigation under this Act. A person who engages in such activity is in breach of the Act and such breach may be investigated by the OPR. If convicted, the penalty is a fine of $5,000,000.00 and 10-years imprisonment.
According to section 41(4) of the Act, it is an offence to:
- Knowingly or mischievously make a false report to the Office.
- Mislead the Office by giving false information.
- Make false statements or accusations.
Where the Office finds evidence of misleading or false complaints, the same would be investigated by the Office. A person who is found to have provided a misleading report to the Office is liable on conviction to a fine of $500,000.00 and imprisonment for one (1) year.
The Act does not impose a deadline for investigating complaints. However, the Office undertakes to ensure that all complaints are dealt with and investigated in a timely manner and will avoid unreasonable delay in all circumstances.
After the investigation is conducted, the Office must, as soon as possible, inform all affected parties and the Minister, Chief Secretary or the public official who has responsibility for the public body in question, of the result of the investigation and make any necessary recommendations in accordance with section 44 of the Act. Where the Office is satisfied that there are reasonable grounds for suspecting that an offence has been committed, it must make a report to the Director of Public Prosecutions (DPP), who may take such action as he or she thinks appropriate in accordance with section 45.
If an adverse report is made against a public body or a person i.e. the Office finds that the person or public body has failed without reasonable justification to fulfil a duty or obligation under the Act, notice will be given of the alleged failure and there will be a full opportunity to be heard either in person or through an attorney-at-law before the report is sent to the Director of Public Prosecutions.
No. The Office is an independent body corporate mandated to perform certain functions outlined in section 13 in accordance with the objects outlined above. The Act ensures that in the performance of its functions, the Office shall not be subject to the direction or control of any person or authority but shall be accountable to Parliament.
Yes. A complaint may be made on behalf of another person. If you are making a complaint on behalf of someone, you must ensure to include all pertinent information in the Complaint Form.
For more information or queries contact us via our Help Desk at oprhelpdesk@org.tt or call us at (868) 627-4OPR (4677) or (868) 266-4OPR (4677)