Local Construction Company accuses Social Security Board of tender fraud
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.
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