Attorneys seek waiver of UNDP’s immunity
ATTORNEYS for Strategist/Covansy, one of the firms at the centre of the ongoing controversy over the award of a US$5 million project for computerisation of the Licencing Division, have written to Yvonne Gittens-Joseph, Permanent Secretary in the Ministry of Foreign Affairs, requesting a waiver of diplomatic immunity, so that legal action can be taken against officials of the United Nations Development Programme (UNDP) in Port-of-Spain. The request was made this week just days after officials of Strategist/Covansys, a TT/United States joint venture firm, initiated legal action seeking a court order for the contract to be awarded to them. The attorneys also informed Gittens-Joseph that they will be sending a full dossier on the matter to newly appointed US Ambassador to the United Nations, John Bolton. In a detailed 15-page letter to the Permanent Secretary, the attorneys said they were seeking the waiver of diplomatic immunity under the Privileges and Immunities (Diplomatic, Con-sular and International Org-anisations) Act Chapter 17:01 with respect to the agreement entered into between the Government of Trinidad and Tobago and the UNDP on May 20, 1976. They further informed her that they were in possession of "cogent evidence" which will be the basis of their legal action with regard to the stalled Transport Division project. This is the latest development in a bitter row which has been raging for several months between officials of the company, the UNDP and the Ministry of Works and Transport over the award of the contract. According to reports, in early March, a seven-member Evaluation Committee comprising senior officials of the Works Ministry and representatives of the UNDP voted five-two in favour of awarding the contract to Strat-egist/Covansys. However, well placed sources told Sunday Newsday that the UNDP favours Kogun, an Icelandic firm which bid US$1 million for the project. The Strategist/Covansys bid was for $3.4 million. Information obt-ained by Sunday Newsday showed that the Evaluations Committee found Kogun’s bid to be deficient. In a March 31 letter to UNDP Resident Represent-ative, Dr Inyang Ebong-Harstrup, the Permanent Secretary in the Ministry of Works and Transport, Lynette Henry, identified those deficiencies to be in the following areas: — Remote Devices — Cash Registers for revenue module — Driver’s Permit — Messaging — No messaging/communication structure. No hardware, software or costing regarding communication structure was provided. — Photography System — No mention of a photography system. No hardware, software, or costing regarding a photography system were provided. — No reading device or costing for verification of secure certified permits listed. — No scanning device or costing for medical certificates asa identified in the RFP was indicated. — Drivers Examination Module — No costing for driver examination module was provided in the financial proposal ie: — Online Regulation Test — Road Test Also of major concern, according to insiders, was the fact that Kogun has no track record in Department of Motor Vehicles (DMV) solutions and has never implemented any such project. On the other hand, Covansys Inc of the United States is recognised internationally as a specialist in DMV solutions, while its local partner, Strategist Caribbean Limited, provides IT technological solutions to businesses in the public and private sector. Kogun, which was founded in 1988 and is based in Reykjavik, Iceland, is best known as a provider of air traffic simulation and IT systems and ground based military air defence systems. UNDP officials are insisting that any "minor questions" over Kogun’s state of compliance with the RFP can be addressed at the contract negotiation phase, a practice which is "not uncommon in the industry and provides a last opportunity to fine tune the final contract." Sources at the Works Ministry maintain that every opportunity was given to Kogun to clarify its proposals but it still failed on main areas. They also contend that the claim that the Icelandic firm made should be selected because it was the lowest bidder is an "absurdity" since the firm could have "bid $100 and proceed to get the contract having passed the technical committee." An independent evaluation done by Ernst and Young in 1998 estimated the project at US$4 million, with US$1 million to cover only the hardware. In the Technical Assistance Agreement signed between the Ministry of Works and the UNDP on September 17, 2004, the project was valued at just under US$5 million. The ongoing controversy over the award of the contract has caused a significant delay in a project that has been in the pipelines for several years. Plans to computerise the Transport Division were first mentioned in Government’s 2003-2004 Medium Term Policy Framework. In his 2003-2004 Budget presentation, Prime Minister Patrick Manning announced that the system would be introduced "over the next two years." In 2002, former Transport Commissioner Nathaniel Douglas announced that the division would begin issuing new personalised number plates and driver’s permits at minimal cost to the public. He said the new number plates will address numerous problems which caused the Transport Division to lose millions of dollars in revenue through fraud. Under the current system, it is easy for unscrupulous deals to defraud the Government of as much as $70,000 with bogus motor vehicle transactions. It also facilitates criminal activities since it is easy for car thieves and bandits to acquire false number plates for stolen vehicles. Under the proposed computerised system, number plates will have hologram security markings which will only be issued and installed through the Transport Division. Stolen vehicles will be quickly identified at the press of a button since all vehicle number plates will be linked to the division’s overall computer system. The new system will also eliminate illicit practices carried out with driver’s permits. At present permits can easily be tampered with. However, the proposed computer-generated permits will have several high-tech security features, including bar codes, magnetic strips and hologram security markings. Once fully implemented, the system will provide up-to-date information on vehicle registration numbers, as well as colours and types of vehicles, date of registration and records. Data will be retrieved simply by entering a vehicle licence number. The pertinent date will be immediately accessed and displayed, significantly speeding up the time of transactions at the Transport Division.
Module and Vehicle Registration Module were not addressed in accordance with the RFP regarding their deployment within the first 12 months.
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"Attorneys seek waiver of UNDP’s immunity"