The number of no-bid contracts during 2024 to 2025 should be concerning to the public only if they cannot be justified and properly accounted for, said Matt Aubry, executive director of the Organization for Responsible Governance (ORG).
Aubry spoke to Guardian Business after official reports revealed that that during December 2023 to December 2025, there were a large number of no-bid contracts.
“It seems like the way the Public Procurement Act was originally spoken about, when procurement laws are revised, the expectation is, and the global benchmark from places like the Global Institute for Financial Transparency, is that the more information made available the better, particularly in procurement, both in terms of more competition, more availability of awards, but also in terms of the rationale for decisions.
Aubry continued: “It’s hard to establish context. For example, why were these decisions made? What is the rationale on those that are being widely reported? Maybe the circumstances do fit, but for now, we don’t know, and without that, then it leads to greater scepticism and concern, which may be justified, or maybe not. So, broader disclosure creates better understanding.
“Without context, it’s hard to make a determination. Is it the right amount? Too much, too little, and is this the effective iteration?”
The Public Procurement Act, 2023 (PPA) is the primary legislation governing how government contracts are awarded in The Bahamas. It came into operation on July 1, 2023, repealing and replacing previous versions like the 2021 act to improve transparency, accountability, and value for money in public spending.
The PPA says competitive bidding should be the standard method for awarding government contracts. The law allows contracts to be awarded without bidding only in limited circumstances, including low-value purchases under $100,000, emergencies, failed bidding processes, or where only one supplier is available. It also requires agencies to justify why competition was bypassed.
The PPA was supposed to increase transparency and not be a hindrance on the government’s ability to award contracts. To Aubry, the PPA is doing a rudimentary job, notwithstanding that the apparently exorbitant amount of no-bid contracts were granted with little to no apparent competition.
Aubry further noted: “And because contracts are also, more importantly, based on what came from those contracts, were the works that were commissioned done effectively? Were they done in a way that we could say is discernible, a great use of public monies in the public interest? And what you’re hearing in this season, particularly from those that gave those contracts, is trust us, we did it well. And what you’re hearing from those who wish to replace them is this is a travesty, and the reality is the public is not fully informed on this information, and it’s why the prevailing benchmark is that you provide more information about public spending, so that the level of scrutiny is appropriate.”
