http://www.trinidadexpress.com/news/Just_Call_Me_Roger_trots_up-121452593.htmlMary Quite Contrary
Minister's family firm awarded Govt contract, but King says all was above boardBy Camini Marajh Head Investigative Desk
Questions have been raised as to whether Planning, Economic and Social Restructuring and Gender Affairs Minister Mary King breached the law when she failed to disclose her pecuniary and family interest in a software engineering company, Ixanos Ltd, which won a Government website development contract from her ministry last November.
Minister King, an economist and a former independent senator, is the corporate secretary on record and a joint shareholder with husband Dr St Clair King of Ixanos, which is Greek for excellence.
Sunday Express investigations into the award of the near $100,000 website development contract found the minister failed to disclose her interest in the family-owned business, was present at the opening of the bids and was involved in the selection process of the four-member evaluation team which picked Ixanos.
Denying all breaches on Thursday, however, Minister King, in a telephone interview with the Sunday Express, insisted the Government website development contract awarded to her family company was open and transparent and did not "at all" represent a conflict of interest. She said she had no involvement with the tender process, nor did she know the family-owned business was bidding for work in her ministry until the actual opening of the bids on October 1 last year.
Did she declare her interest then? "No."
Did she inform the permanent secretary or anyone else her immediate family (husband, St Clair, and son, Stephen) was associated with the company? "No, and you know why I didn't, I thought the very fact that I am saying that —that they could be biased for or against. So I did nothing."
Asked whether she did not think it necessary to disclose her interest at that point of discovery to avoid the pitfalls of a conflict of interest, Minister King said: "No. I did not think it was necessary. I could have biased them one way or the other. So I thought the safest thing to do is to do nothing. In fact, I washed my hands off it."
But her stand back from the process came after she took part in a group discussion with the ministry's in-house contract experts and other department heads on the selection of the bid-evaluation team, which comprised Deosaran Bisnath, IT manager; Ephraim Serrette of the National Transformation Unit; Andrea Julien, a senior legal officer; and Annitra Boodoo, the minister's personal secretary and a political appointee.
On Thursday, Minister King sought to shake off suggestions her presence at the opening of the tenders and her involvement in the selection process of the bid-evaluation team or having her people involved in the transaction was a direct conflict of interest. "Not at all, not at all," was the constant refrain. She said the four-member bid-evaluation team was appointed through a collaborative process.
"Having come out of the UDeCott (Urban Development Corporation of Trinidad and Tobago) experience and having that under this ministry—this was our first bid, and we sat and we went through the process with everybody. All the people that could ever be involved in contracts, the heads, the permanent secretaries, everybody. We went through the process and then they did their analysis. All of that was done outside of my realm. We did it collaboratively," she said. Did she recommend her personal secretary, Annitra Boodoo? "Because she was an engineer, of course," said King.
Was there concern Boodoo's selection to the evaluation team could present a conflict of interest? "Not really," according to the minister. "She is my personal assistant. She is working with me under a post that is called a secretary, but because of her skills as an engineer in innovation, she was also asked to sit on the team."
She made clear: "This is the Government. We are doing what is in the best interest for the Government and for the people. Who is the best person to put? She (Boodoo) is just one of four or five people on the team." Asked to explain the fact she is on the company registry record as Ixanos corporate secretary at the last annual return filing on July 20, 2009, she said: "Yeah, I believe that should be changed."
Pressed on what appears to be a clear and direct conflict of interest and breach of the Integrity in Public Life Act, Minister King said: "Yeah, well, I don't attend their (Ixanos) meetings. They probably haven't sent in their annual return for the last year. As soon as they get their lawyer to go back and do their registration for 2010, that should be changed."
Section 24 (1) of the Integrity in Public Life Act, under the heading Code of Conduct, states: "A person to whom this part applies shall ensure that he performs his functions and administers the public resources for which he is responsible in an effective and efficient manner and shall (c) arrange his private interests, whether pecuniary or otherwise, in such a manner as to maintain public confidence and trust in his integrity."
Section 24 (2 b) makes clear a public official: "Shall not engage in any transaction, acquire any position or have any commercial or other interest that is incompatible with his office, function and duty or the discharge thereof."
The conflict of interest clause, Section 29 (1) states: "For the purposes of this Act, a conflict of interest is deemed to arise if a person in public life or any person exercising a public function were to make or participate in the making of a decision in the execution of his office, and at the time knows or ought reasonably to have known that in the making of the decision, there is an opportunity, either directly or indirectly, to further his private interests or that of a member of his family or any other person."
Section 29 (2) of the Integrity Act goes further to say: "Where there is a possible or perceived conflict of interest, a person to whom this part applies, shall disclose his interest in accordance with prescribed procedures and disqualify himself from any decision-making process." Former permanent secretary Joseph Howard, who retired in February this year, said he was not aware of the minister's family interest when he signed the November 3 contract with Ixanos. The other state signatory to the November agreement is the Ministry's IT manager, Deosaran Bisnath.
Howard told the Sunday Express he only learnt of the minister's connection to Ixanos earlier this year, by which time it was too late to do anything about it. He said had he known Ixanos was a family-owned business of the Kings, he would not have signed the contract. And the selection of a political appointee to the evaluation team? The retired senior public servant said he did not see that as an issue.
Bisnath was not immediately available for comment. Julien declined to take the call, and Boodoo's only response was: "I have no comment right now for you." Sources with knowledge of the situation, however, said there were early flags pointing to a family connection with the line minister. The bid document, responding to the September 25, 2010 request for proposals, was signed by Stephen King, business development manager of Ixanos and the minister's son.
The company also had as its registered address: Cor Smart and Francis Streets, St Augustine, the same as the minister's private consulting firm, Mary King and Associates. Ixanos also had the same phone number as the minister's St Augustine's office.
The software company was told by official correspondence it had won the contract on November 2, 2010. However, an undated letter addressed to the legal department of the Planning Ministry and signed by Dr St Clair King, chairman of Ixanos and husband of the minister, advised of a recent board resolution which authorised Keron Gopaul to sign contracts on behalf of the company.
In the three-line advisory to the Ministry of Planning, Dr King noted: "Therefore, he (Gopaul) is authorised to sign the website development contract with your ministry." The contract was signed on November 3, 2010.
Documents obtained by the Sunday Express show Ixanos was not the lowest priced bidder and was just one mark ahead of its closest rival, Sightfactory Ltd, which bid $94,000. In a score sheet which failed to give a breakdown of marks awarded by the criteria of price, development, training and hosting, Sightfactory was ranked second, with an average score of 79.5. Ixanos edged in the winning bid with an overall average of 80.75.
Members of the bid-evaluation team gave varying marks to the 17 bidders, which included GISL, the state-owned and run Government Information Services Ltd, which scored 71.25 points, and E-volve New Media system Ltd, the third-ranked company. One company, Digita Business Ltd, was given a zero by Boodoo but scored far better with Julien, who awarded 84 marks, and Serrette, 90 marks. Bisnath gave Digita a score of 45. He gave Ixanos the highest score at 89 marks and Sightfactory, 64.
The majority interest in Ixanos is held by Caelum Holdings Ltd, also at the corner of Francis and Smart Streets in St Augustine, and Neal and Massy ICT Group Ltd. A search of the company registry shows Caelum with a shareholding of just over 1.1 million ordinary shares. Neal and Massy has just over half a million in preference shares. A search of Caelum records lists a joint controlling interest of 1,023,000 ordinary shares by St Clair and Mary King. There are seven other stakeholders in the company, all engineers.
Minister King, a former chairman of the local chapter of Transparency International insists there has been no conflict of interest or breach of the law with any aspect of the web contract awarded to her family business. She said Prime Minister Kamla Persad-Bissessar had heard about it "and we gave her the whole process, all the documentation, and she is very satisfied".
Who specially provided the documents to the Prime Minister? "I give her. I collected all the records, all the documentation from the ministry, so she got all the details of the contract."
And the Prime Minister was satisfied? "Of course, because the process was very clearly independent. The Prime Minister accepted my documentation and that was the end of it."
Minister King said: "Once the process started, there was no, no, no involvement, and I would go through that process with anybody who has never done proper contracts before. I would explain and take anybody through that process."
She also made clear Regulation 16 (1) of the Central Tenders Board Act did not apply to her.
The section talks about "a public officer or the spouse or any child of such person shall not enter into any contract for the supply of articles to, or the undertaking of any works or services for the Government."
King's response to 16 (1) of the Central Tenders Board Act: "Well, I didn't provide any services."
Told her husband did, the minister said: "It isn't my husband. My husband is only the chairman of the company. That (rule) doesn't relate to companies. You can't discriminate against a registered company in the country.
What the minister has failed to acknowledge in her very technical interpretation of the CTB Act, however, is she and her husband own the controlling interest in Ixanos.
Good job again Ms Marajh, keep it up
