When Liberian President Ellen Johnson-Sirleaf re-nominated Robert Kilby to head the General Auditing Commission, many Liberians were in awe, that the President would stick with the controversial figure tipped to succeed the European Union's preferred choice, John S. Morlu - even after serious questions were raised about Mr. Kilby's credentials.
In Sirleaf's own word when asked how Kilby slipped through the cracks in a 2011 FrontPageAfrica interview: "You know it is very sad for me. I have to think through now what process we put in. I don't just want to go back to the old politics and appoint a political ally or appoint a political person because I have the constitutional right. I want to get the best people for the job, the most competent people, people with integrity for the job. So I am just going to have to rethink it with the group to see what kind of process we have to put in place to ensure. In some case we have just not exercised enough caution like check people's background and so forth. But this time around we will make sure that we do."
Months later, Kilby would emerged on the surface. FrontPageAfrica has learned from sources within the presidency that it was Pearine Davis Parkinson, the embattled head of the General Services Agency who prevailed on the president to put her(Parkinsson's)long-time friend, Kilby in the post and insisted that the president nominate him for a second time.
An official at the Ministry of State who spoke to FrontPageAfrica strictly on condition of anonymity recalled Thursday, that little did the president know that the pair who had worked together on numerous contracts during Parkinson's days at the Ministry of State were setting the president up to open them to yet another avenue to push their agenda.
Everything came full circle this week when Parkinson admitted to the House's ways means and finance committee and observers that the GSA signed and entered into a contact with Mr. Kilby's accounting Firm Independent Software Certification Institute to carry out Asset and Fleet management, Tracking and reporting system at the GSA.
The contract, according to a copy of which is in the possession of FrontPageAfrica was made and entered into on the 3rd of December AD 2012 between the GSA and an independent Software Certification Company, own by Mr. Robert Kilby three months after he took over the GAC. Kilby took office on September 3, 2012.
According to the agreement the company expressed its desire to enter into a contract for the construction of an asset and fleet management, Tracking and reporting system.
The contract amongst many other requirement states that: "The contractor is convenient that it has the requisite training, expertise, and technical competence in the trade and performed similar work in both Liberia and the United States of America; that is to customize the development of a software that will automate the owner's asset and fleet tracking and reporting system for the GSA into consideration, strategic national security interest." Some finds the language troubling as it states the firm must have performed similar work "both in Liberia and the United States of America excluding all other countries," without any evidence that Mr. Kilby and/or his firm have ever performed similar worked in Liberia and United States, clearly showing that the contract language indicates that it was a "set aside" for Mr. Kilby. Such restrictive language in procurement usually indicates that the contract has been wired for a given firm.
The contract also states that Kilby's Firm was to receive the amount of two hundred and twenty thousand United States dollar (USD$ 220,000) based on the scope of work indicated in the proposal.
It was agreed between the Company and the GSA that the money should have been paid based on an installment basis. The contractor agreed to pay up to forty percent (40%) of the above stated price, which is the equivalent of eighty eight thousand three hundred sixty united sates dollars (USD$ 88,360) prior to the commencement of the work.
Timeline to a Scandal
Now new documents in possession of FrontPageAfrica suggest that Kilby and the GSA boss inflated the estimates of the contract.
In a submission to Hon. Emmanuel Nuquay, the Chairman of the House Ways, Means and Finance Committee Thursday, Ms. Peggy Varfley Meres, Executive Director of the Public Procurement Concessions Commission(PPCC) outlined the following:
August 9, 2012: The General Service Agency wrote to PPCC a letter of its intent to award contracts to Professional Services Inc. in the amount of one hundred fifty thousand United States dollars(US$153,000.00) for the development of the inventory Tracking and Reporting System; and to Independent Software Certification Inc(ISCI) in the amount of two hundred, twenty thousand, nine hundred United States Dollars(US$220,900.00) for the development of the Asset and Fleet Tracking & Reporting System, and ninety-seven thousand six hundred eighty United States dollars(US$97,680.00) for the development of a Catalog system.
September 4, 2012: Victoria Kulah signed, acknowledging receipt of the PPCC's letter to the GSA, requesting bidding and other related documents.
September 1, 2012: GSA accessed and printed advertisements from www.gsa.gov.lr and www.tlcafrica.com
December 3, 2012: GSA signed contracts with PSI and ISCI
April 22, 2013: GSA responded to PPCC's request for documents, submitting bids, evaluation, reports, minutes of procurement committee meetings, and signed contracts that were requested in September 2012.
May 15, 2013: PPCC replied GSA, informing it that it could grant a retroactive "no objection", as the three contracts had already been signed by all relevant parties.
June 19, 2013: Mr. Boom Wilson, Comptroller and Accountant-General/RL, wrote to PPCC, requesting clarifications with a twenty-four hour ultimatum.
June 20, 2013: Mr. Boom Wilson wrote to the Minister of Finance, informing him of the communication from the Comptroller and Accountant-General/RL, and stating its observations noted by the PPCC include the following:
The procurement committee conducted the initial bid evaluation on August 20,2012, which estimated four firms from the procurement process. This is a violation of Section 30(4) of the PPC Act which states that no member of the Procurement Committee shall serve on the Bid Evaluation Panel. Said evaluation report is not detailed, and does not provide any concrete reasons for the elimination of the four bidders from further evaluation analysis which was conducted based on the specifications in the Terms of Reference, but same was not provided to the Commission for Review.
The Procurement Committee again conducted evaluation of bidders during the second evaluation on August 27, 2013, in contravention of Section 30(4) of the PPC Act.
The Procurement Committee, having evaluated bidders, approved its own evaluation reports which does not reflect transparency in the procurement process.
All bid evaluation reports for this activity do not demonstrate how technical proposals conformed to the specifications of the GSA. The GSA only makes reference to long deliberations, consultations and complete evaluation analysis, reports of which were not submitted for review by the Commission.
Selected firms did not show proof of their possession of business registration, certificates, tax clearance, and other documents to warrant eligibility.
All contracts were awarded for amounts which were greater than the estimated costs as stipulated in the GSA's procurement plan as approved by the Commission. For example, the estimated cost on approved procurement for the Fleet/Asset Management contract was estimated at US$88,360.00 but valued by the GSA boss at US$220,900.00; the Catalog deal was estimated at $US39,072.00 but valued at US$97,680.00 and the Inventory Management contract was estimated at US$61,200 but valued at $US153,000.00.
The PPCC further informed the Minister of Finance that it did not grant a "no objection" to the GSA or the award of the said contracts. PPCC also observed a potential conflict of interest situation during the review of submitted documents, but did not include it in the letter to the Minister of Finance as it needed to conduct due diligence to authenticate said claim.
June 21, 2013: PPCC wrote to inform GSA about the request from the Comptroller and Accountant-General/RL and stated the aforementioned observations from the review of submitted documents.
June 27, 2013: PPCC responded to the Comptroller and Accountant General's communication, informing him that all procurement-related communications must be signed by the Head of the Entity, and that he seeks guidance from the Minister of Finance and/or the Deputy Minister of Finance for Expenditure on the verification of GSA's request to ascertain if it met the conditions for payment.
June 28, 2013: PPCC wrote GSA informing it of the conflict of interest situation observed with the award of the two contracts to the Auditor General.
The letter submitted to the GSA boss reads:
SUBJECT: 'CONFLICT OF INTEREST' IN SIGNING CONTRACTS WITH ISCI
Dear Hon. Parkinson:
We present our compliments and wish to inform you that with reference to the contracts awarded by the General Services Agency(GSA) to the Independent Software Certification Inc.(ISCI) in the amount of two hundred twenty thousand, nine hundred United States dollars($US220,900.00) for the development of the Asset and Fleet Tracking & Reporting System, and ninety-seven thousand six hundred eighty United States dollars(US$97,680.00) for the development of a Catalog System, the Commission has discovered, following further review that there exist an undisclosed conflict of interest issue, as the ISCI is owned by Mr. Robert Kilby, Auditor General of the Republic of Liberia. Said contract was signed on December 3, 2012, between the General Services Agency and Independent Software Certification Inc., for the amounts as indicated above.
In addition to several violations of the PPCC Act with regards to the processes leading to the award of said contracts, the Commission wishes to bring to your attention that the GSA disregarded an apparent conflict of interest by awarding a contract to a company, wherein the lead Auditor is the Auditor General of the Republic of Liberia, heading the supreme audit institution, the General Auditing Commission(GAC), which is also an integrity institution. The Commission is constrained to inform you that it finds this arrangement a "conflict of interest", as Mr. Kilby is in the employ of the Government of Liberia(GOL) and as such should not be hired as a consultant within the GOL system.
The commission is concerned that two GOL contracts are being awarded to a current government employment employee in this case the Auditor General, Republic of Liberia. This process, in the opinion of the commission lacks transparency and accountability as government officials who are full-time employees possess an undue advantage when they compete for GOL contracts, as this does not provide a level playing field and a fair opportunity to other bidders who participated in said process for other potential bidders.
We look forward to your continued support as we all strive to attain equality, transparency, fairness and accountability in the public procurement and concessions commissions processes.
Kind Regards.
Yours Sincerely
Peggy Varfley Meres
Executive Director
PPCC
LACC Promises Probe
FrontPageAfrica has also learned that the GAC is currently in the process of auditing the General Services Agency with many wondering how objective the GAC's findings will be in the wake of the revelations now coming to light.
On Thursday, the Chair of the Liberia Anti Corruption commission promised to investigate the ongoing saga of conflict of interest between the Auditor general and the Director General of the GSA.
At the budget hearing Thursday Madam Francis Johnson Allison made the commitment after a request by Representative Nuquay (UP-District #5 Margibi County).
When quizzed by the committee whether it was in the authority of the LACC to act without being asked to, the LACC boss said: "It is a case that we can intervene and we have done that before in the RIA-Crokrum case where we only saw it in the papers and decided to intervene. But at some point it is very difficult to act without a request because most of the time evidence is needed to act are hidden by those accused."
Representative Nuquay requested the LACC boss to invite the parties to answer to questions of conflict because according to him, it warrants corruption and should be handled by the LACC which is charged with the responsibilities to deal with the issues of corruption.
Eyes on President or action on flawed pair
Said Nuquay: "We are bringing this to your attention because it shouldn't be. Sometimes the perception is that when individuals who do not have contact with the executive are involve in such acts, the law is quick to act. We need to run this country in a way that the ordinary man gets the assurance that the law is not selectively dispenses."
The LACC boss was quick to respond to the lawmaker's comment of selective justice by stating that the LACC has never and will never carry out selective justice and the problem has been the lack of resources. "Personality doesn't count with us at the LACC, so I just want to assure that the LACC is not that way; she said."
Speaking earlier, the LACC chair told members of the committee that allocations made in past budgets for the LACC has not been enough to effectively carry out its functions.
Said the LACC boss: "The LACC is requesting additional appropriation for the following reasons: Liberia, in 2005 signed and ratified the United Nations convention against corruption under that process Liberia is to be peer reviewed by other six countries who are signatories to the convention they are coming to review us on compliance and how well we have implemented the UN convention against corruption that activities need to be funded."
She said any attempt by the committee not to allocate additional funding to the LACC, the coming of the UN peer review team will be jeopardized.
While many remain unsure how the saga will end, the Liberian presidency remains quiet over what steps will be taken to reprimand Parkinson, a close aide to Sirleaf's inner circle whose reign at the GSA, like Kilby has been marred by controversy, strains and a recurring state of uncertainty, one senior administration official described as a 'Criminal Enterprise' right under the nose of the president.
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