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Local Construction Company accuses Social Security Board of tender fraud

-says it allowed James Todman Construction bid to be accepted after tender was closed, for Enid Sctliffe Pre-Primary School
Roy A. Garraway (left) of Quality Construction Limited, and James Todman, currently in a war of words and possible imminent legal battle. Photo: VINO/File
There is a war of words, letters and possible legal action over the awarding by the Social Security Board of the contract for the reconstruction of the Enid Scatliffe Pre-Primary School in Road Town. Photo: VINO/File
There is a war of words, letters and possible legal action over the awarding by the Social Security Board of the contract for the reconstruction of the Enid Scatliffe Pre-Primary School in Road Town. Photo: VINO/File
The Social Security Board denies tender any fraud in connection with the reconstruction of the Enid Scatliffe Pre-Primary School. Photo: Team of Reporters
The Social Security Board denies tender any fraud in connection with the reconstruction of the Enid Scatliffe Pre-Primary School. Photo: Team of Reporters
Local Construction Company accuses Social Security Board of tender fraud, says it allowed James Todman Construction bid to be accepted after tender was closed, for Enid Sctliffe Pre-Primary School. Photo: Photo: Team of Reporters
Local Construction Company accuses Social Security Board of tender fraud, says it allowed James Todman Construction bid to be accepted after tender was closed, for Enid Sctliffe Pre-Primary School. Photo: Photo: Team of Reporters
ROAD TOWN, Tortola, VI - There is a war of words, letters and possible legal action over the awarding by the Social Security Board of the contract for the reconstruction of the Enid Scatliffe Pre-Primary School in Road Town.

Local company Quality Construction Limited, owned by Roy A. Garraway, alleged that on the tender day call at, “12:00 noon on July 25, 2018, only two companies, Quality Construction Ltd., and Metro Construction, submitted their tenders by the deadline.”

The public tender opening took place at 2:00 PM on the same day.

According to the allegations by Mr Garraway, to both the Financial  Secretary, Glenroy A. Forbes and the Chairman of the BVI Social Security Board, Ian S. Smith, “the tenders were opened in front of my company’s representative and it was confirmed that only two tenders were received.”

Only two were open at time of deadline

Both of the Quality Construction and Metro Construction representatives, who were at the opening on July 25, 2018, confirm that to be the case to our newsroom.  

In his appeal and objection, Quality Construction stated that according to section 1.18 (Late Tenders), it was unfair for James Todman Construction to be awarded the contract, “when their tender was clearly submitted after bids were opened and both companies’ process were made public.”

Mr Garraway is claiming that the tender process was violated.   

In a letter dated October 9, 2018, obtained by our newsroom, Attorneys for Quality Construction, N. R. Samuel & Co, wrote to Mr Smith, the Social Security Board Chairman.  

He stated that “Quality Construction Ltd., submitted a tender in accordance with the requirements stipulated in the ‘Contract of the Enid Scatliffe Pre Primary School Reconstruction Works”  and when the tender was opened in front of the client’s representative, “it was confirmed that only two tenders were submitted namely, Quality Construction Ltd., and Metro Construction Limited.”

In response, Attorneys for The BVI Social Security Board—O’Neal Webster—to Mr Garraway’s Attorneys, denied that there were only two bids and stated in a letter dated, October 11, 2018, “There were in fact three tenders submitted; Metro Construction Limited, James Todman Construction Limited and your client’s.”

The letter further stated that, “the contract was awarded to James Todman Construction Limited because its tender was the most feasible one and satisfied in all material respect, the requirements established buy our client.”

Defamation?

In a strange twist, O’Neal Webster threatened Mr Garraway with “Defamation.”  

The letter stated that “Prior to receiving your letter, our client [social security board] was contacted by various Government Officials relaying your client’s false allegations and can only reasonably assume by your client’s actions to date that your client has communicated the same to others in the public at large.”

The O’Neal Webster letter of October 11, 2018, further stated, “On behalf of our client therefore, we hereby request that you instruct your client to immediately cease and desist from such actions designed to defame the integrity and character of our client and its employees and bring disrepute to our client and its operations, failing which our client shall take legal action against your client and/or Roy Garraway personally.”

However, Attorneys for Mr Garraway’s Quality Construction, fired back in a letter dated October 24, 2018, to O’Neal Webster, saying the information provide in your letter is “irrelevant as it does not in any way refute its claim of illegal tender process.”  

Quality Construction Attorneys also stated, “with respect to your statement of alleged defamation of your client, we will appreciate it, if you can provide us with specific instances of defamatory statements which were made by our client concerning your client.”

Matter heading to court?

In an invited comment also, Chairman of the BVI Social Security Board, Mr Smith said, “the Social Security Board unequivocally denies any and all allegations of impropriety asserted by Roy Garraway as it relates to the tender process conducted by the Social Security Board in connection with the reconstruction of the Enid Scatliffe Pre-Primary School.”

 The matter now seems to be headed to court according to persons familiar with the matter.

38 Responses to “Local Construction Company accuses Social Security Board of tender fraud ”

  • It’s about time! (15/11/2018, 17:51) Like (93) Dislike (3) Reply
    Pay attention people. Only James Todman works on Social Security Board’s construction project. Every last one of them they give you Jamesy. Only he must eat.
    • @Its about time (15/11/2018, 23:05) Like (25) Dislike (4) Reply
      Them is Badventist. The director is badventist
    • @Its time (16/11/2018, 10:29) Like (10) Dislike (10) Reply
      He delivers on budget and on time, point blank!!
      • Yes (16/11/2018, 11:22) Like (23) Dislike (4) Reply
        On time and on budget according to whom? Vg mini clinic is not on time! Gtfoh....manufacturing of wealth in these islands need to stop for the cronisism and nepotism have reached the stratosphere. Faulty work and other issues we won’t go into. Other better contractors out here that rather work for private sector than government as the collusion in government is unreal! I’m with Yellow on this one. Let it play out in court. Should’ve got an injunction on the build imo...
    • T (18/11/2018, 00:27) Like (0) Dislike (3) Reply
      and doing a good job too...up up James. Roy sit down what you know about construction?
  • SPeak up (15/11/2018, 18:08) Like (45) Dislike (2) Reply
    Don’t confuse defamation with information that can indeed be validated. Too often that is used as a scare tactic to avoid the real issues and facts.

  • one eye (15/11/2018, 18:12) Like (20) Dislike (0) Reply
    Wow
  • wize up (15/11/2018, 18:37) Like (34) Dislike (0) Reply
    money!!!!
  • INCOMPLETE (15/11/2018, 18:57) Like (17) Dislike (54) Reply
    Roy needs to go sit down an finish his existing projects. I’m sure all can see the school is nearly finished and students will be back in Their classroom in January.
  • Just Sayin (15/11/2018, 19:42) Like (6) Dislike (25) Reply
    A second floor should be put on that building and house Elmore Stoutt High School junior or senior students until there are further improvements. I'm sure eventually the primary school will end up utilizing the space.
  • 1 (15/11/2018, 19:43) Like (16) Dislike (0) Reply
    Well well
  • Ques (15/11/2018, 19:48) Like (43) Dislike (2) Reply
    Is the social security board responsible for repairing Enid Scatliffe pre primary school? We would like to know if they are spending social security funds. Question because that is the people's pension money,paid in from wages and salaries. Can they use that money as they please? Some people are denied a decent pay from social security not even a months food. What is left for the education ministry to do?
  • wize up (15/11/2018, 20:08) Like (12) Dislike (17) Reply
    if James was still backing the VIP this would not have been breaking news(yes!! I said it)
  • okay (15/11/2018, 20:20) Like (34) Dislike (5) Reply
    Jamesy wouldn't give his fellow young Huntums gut man a chance. Jamesy done make it.
    • wize up (16/11/2018, 06:02) Like (8) Dislike (4) Reply
      @ okay: which one of them in the current boating industry giving our young fellows a chance(don’t be shy simply answer the question) those in the boating industry don’t even use the local hotels any more because their guest now overnight on the vessel: while I am at it(government give some of them permission to build a residential property) some on them turn around and rent their residential as a private villa: up in here milking we but every man mout shut). Look at whole picture when you point fingers(don’t be shy because this is your country and be reasonable in your judgement)
  • No Man (15/11/2018, 20:22) Like (31) Dislike (4) Reply
    That Social Security pumpkin woman needs investigating.
  • tretretrete (15/11/2018, 20:26) Like (27) Dislike (1) Reply
    These are wade's two boys so they will work it out. We know which one Wade will be backing...the money tree.
  • apple (15/11/2018, 23:01) Like (3) Dislike (1) Reply
    Look trouble
  • witness (15/11/2018, 23:09) Like (6) Dislike (0) Reply
    Can Metro say Quality’s statement is indeed accurate since they were allegedly there?
  • BRAD BOYNES (16/11/2018, 04:54) Like (2) Dislike (0) Reply
    @Reply.....what you are reading is real. It could get better or it could get worst. I hope for the best in the end.
  • FRANK (16/11/2018, 04:57) Like (3) Dislike (8) Reply
    These island people children messy.
  • Jessica Jones (16/11/2018, 07:24) Like (8) Dislike (0) Reply
    This place got melee buddy.
  • ?? (16/11/2018, 08:02) Like (1) Dislike (2) Reply
    Boy a Boy Bigman a m Bigman keep crying LOL
  • Umhum!!! (16/11/2018, 08:25) Like (27) Dislike (1) Reply
    Don't kill the chairman of the Social Security. Look in the Director, who has all of them wrapped around her fingers with her decisive ways. If she is not for you, nobody eats. The corruption begin from her office
    • Gospel (16/11/2018, 08:58) Like (22) Dislike (3) Reply
      THAT IS THE GOSPEL TRUTH SHE REFUSE MY SON A JOB JUST BECAUSE SHE WAS JEALOUS HE IS A GRADUATE OF NYU. WHEN MY DAUGHTER RETURN SHE AGAIN GRILL HER . THEY BOTH LEFT TODAY THEY BOTH HAVE FED JOBS .
  • Bids (16/11/2018, 09:26) Like (10) Dislike (1) Reply
    Wasn’t Yellow’s 2nd bid more than Jamseys 1st bid? Thing to talk
  • college (16/11/2018, 10:18) Like (16) Dislike (5) Reply
    When Yellow was a paid employee of PWD and was awarded the College contract and did the contract on government time, being paid as a government worker and contract sum; why didn’t he run to vino?
  • She needs to retire! (16/11/2018, 10:58) Like (13) Dislike (1) Reply
    That’s why the Director refuses to retire. Her Skelton’s in her closet will be discovered. The Board of Director’s are reckless to continue to have her serving after the fact that she has past retirement age. Pure negligence!
  • Lowest tenders (16/11/2018, 11:26) Like (4) Dislike (1) Reply
    The argument that the lowest bid is the preferred bid is what has got Government in this mess to begin with. Lowest bids are fraught with omissions and when given to the bidder we all see how variations and change orders carry the final cost up to where it actually should’ve been. Add to that the cronisim and favoritisms in this small place it is easy to see the connections between the players. This is in all faucets of BVI Government and it’s gotten worst post Irma.
    • @ lowest tenders (16/11/2018, 11:58) Like (9) Dislike (2) Reply
      Who has a history of variations on projects? Quality or Todman? Who completes projects on time and within the budget? Quality or Todman? Who can you trust with your money? Quality or Todman? Todman is the clear choice based on your comments
  • please (16/11/2018, 13:10) Like (9) Dislike (1) Reply
    Roy needs no more contracts. He never finishes anything on time. Always an excuse as to why and whose fault. Just look at the state of Horse Path. Please go sit down. I don't care who gets what, as long as they do the job.
  • Social Security is a pension not tax (16/11/2018, 15:13) Like (3) Dislike (0) Reply
    Why is the Soc Sec board tendering this?
  • mess (16/11/2018, 16:47) Like (8) Dislike (0) Reply
    People like Yellow is why the government and the country in the mess we in
  • Thankful (16/11/2018, 16:53) Like (5) Dislike (0) Reply
    Thankful to Social Security for its donation to rebuild ESPS and it’s continued social and financial contributions to the BVI. ESPS would not have been rebuilt anytime soon. Further, students will be in class January 2019
  • Huntums Ghut (16/11/2018, 17:03) Like (6) Dislike (0) Reply
    Why does Mr. Garraway get his lawyers to clean up the bathroom in Huntums Ghut
  • Roy is correct (17/11/2018, 03:32) Like (1) Dislike (1) Reply
    Watch this space it’s about to blow up


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