Dafeamekpor sues gov’t for sole-sourcing Agenda 111 designs to Sir David Adjaye

Opposition MP Rockson-Nelson Dafeamekpor has sued the government of Ghana for sole-sourcing the contract for the architectural designing of President Nana Akufo-Addo’s Agenda 111 hospital projects.

The South Dayi MP is not happy the government sole-sourced the architectural works to Adjaye and Associates owned by Ghanaian-British architect Sir David Adjaye.

The lawmaker also has issues with the government’s decision to rope in iRisk Management Limited and Enterprise Insurance as the insurance companies to insure the project.

He is, therefore, praying the court to declare the contracts as null and void, terminate them and also order a fresh bidding process.

Mr Dafeamekpor, in his writ, stated that “at no point was there an open call for bids from other members of the Chartered Institute of Architects, despite sending out announcements for competitive bids.”

The plaintiff argued that “reasonable alternatives exist and such similar architectural companies should have been given the opportunity to bid and submit tenders to work on Agenda 111 to provide competition and value for money.”

Also, he noted that the manner in which the government contracted iRisk Management Limited and Enterprise Insurance could not be said to be under the restricted tendering process, as, in his view, it did not satisfy the conditions and requirements provided under Section 38 of the Public Procurement Act, 2003 (Act 663).

The plaintiff stressed that “the need for an insurance brokerage firm and an insurance company to the Agenda 111 project could not be classified as an ‘urgent need for services’ and, as such, could not form a basis for sole-sourcing.”

Also, he said “the failure of the defendant to announce and call for invitations to bid for the insurance brokerage contract and the insurance company constitutes a breach of Article 36(2)(b) of the 1992 Constitution.”

Read the reliefs below:

1. A declaration that the Defendant’s failure to award the contract for the design of the hospitals forming the Agenda 111 by competitive tendering was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663).

2. A declaration that the Defendant’s failure to award the contract for the design of the hospitals forming the Agenda 111 by competitive tendering was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663).

3. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the contract to Adjaye and Associates is in contravention of Article 36(2)(c) of the 1992 Constitution.

4. An order directed at the Government of Ghana to terminate the building design contract with Adjaye and Associates.

5. An order directing the Defendant to engage in a competitive two-stage tendering procurement process in order to award the contract as provided under Sections 35 and 36 of the Public Procurement Act, 2003 (Act 663).

6. An order that the Thirty-Six million Ghana Cedis (GHC36,000,000.00) advanced to Adjaye and Associates as payment for consultancy fees for the design, Project management and coordination under the building design contract be refunded to the State.

7. A declaration that the Defendant’s failure to award the contract for the insurance brokerage of the Agenda 111 project by competitive tendering was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663).

8. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance brokerage contract to iRisk Management Limited renders the award null, void and of no effect.

9. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance brokerage contract to iRisk Management Limited is in contravention of Article 36(2)(c) of the 1992 Constitution.

10. An order directed at the Government of Ghana to terminate the insurance brokerage contract with iRisk Management Limited.

11. An order directing the Government of Ghana to engage in a competitive two[1]stage tendering procurement process in order to award the insurance brokerage contract as provided under Sections 35 and 36 of the Public Procurement Act, 2003 (Act 663).

12. An order that all moneys advanced to iRisk Management Limited as payment for fees under the insurance brokerage contract be refunded to the State.

13. An order directing the Defendant to charge and prosecute the Minister of Health and all officials involved in the unlawful award of the insurance brokerage contract to iRisk Management Limited for causing financial loss to the State under Section 179A of the Criminal Offences Act, 1960, Act 29.

14. A declaration that the Defendant’s failure to award the insurance contract of the Agenda 111 project by competitive tendering was unlawful and contrary to Section 35 and 36 of the Public Procurement Act,2003 (Act 663).

15. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance contract to Enterprise life Insurance Company renders the award null, void and of no effect.

16. A declaration that the failure of the Defendant to comply with the laid down procedure provided under Section 35 and 36 of the Public Procurement Act, 2003, Act 663 when it awarded the insurance contract to Enterprise Life Insurance Company is in contravention of Article 36(2)(c) of the 1992 Constitution.

17. An order directed at the Government of Ghana to terminate the insurance contract with Enterprise Life Insurance Company.

18. An order directing the Government of Ghana to engage in a competitive two[1]stage tendering procurement process in order to award the insurance contract as provided under Sections 35 and 36 of the Public Procurement Act, 2003 (Act 663).

19. An order that all moneys advanced to Enterprise Life Insurance Company as payment for fees under the insurance contract be refunded to the State. t. An order directing the Defendant to charge and prosecute the Minister of Health and all officials involved in the unlawful award of the insurance contract to Enterprise Life Insurance Company for causing financial loss to the State under Section 179A of the Criminal Offences Act, 1960, Act 29.

A few days ago, Danquah Institute founder Gabby Asare Otchere-Darko wondered why there was so much negative focus on Sir Adjaye in connection with the contract he was given.

Read Mr Otchere-Darko’s full article below:

So why this big negative focus on one of the world’s most celebrated starchitects, David Adjaye? He is Ghanaian and his firm, Adjaye Associates, is Ghanaian, with offices also in London and New York. He has not been engaged to design 101 or 111 hospitals. No! He designed just one and did a damn good job of it; which should give us a bargain of “buy 1 get 1 free!”

He was legally contracted as lead architect to design one standard district hospital and his task was to do so at a record low price with a significant use of local materials, to be environmentally friendly and to do all this at a high-quality standard.

This is what we are paying for.

The government first procured the services of Hospital Infrastructure Group Ltd, owned by the highly respected Kwabena Nyarko, former Vice-President of GREDA, to coordinate the single largest health infrastructure project ever commissioned in Ghana, the Agenda 111 project, working closely with the Ministry of Health.

HIG engaged the services of some key architects, engineers, surveyors, etc, to deliver on this important mandate. HIG’s job is to let all the district hospitals be designed and built by Ghanaians, using as much as possible local materials, and to do so at a cost far lower than we are used to paying.

David Adjaye’s Adjaye Associates was just one of such reputable firms used. His specific design job was to come out with a standard design for a district hospital. He has delivered a world-class standard design and at $17 million per hospital. A district hospital normally costs between $30-35 million, built and fitted. So, the ones under Agenda 111 is essentially: “Buy 1 Get 1 Free!”

Sadly, we have chosen not to celebrate the fact that we are getting over 5 million people in 101 districts to be served with 101 hospitals at a price that would have provided about 50 hospitals serving 50% fewer. Sir David only designed one standard district hospital! His job is not to build them!

Another Ghanaian firm, Sutherland & Sutherland Architects, designed the new Accra Psychiatric Hospital. Which means that once done we will finally have a decent, modern, well-equipped, friendly to visit psychiatric hospital in the heart of the capital city.

Another Ghanaian firm, Victor Randolph, did the standard specialist psychiatric hospital. Which means that once done if you live in the middle belt or in the North, you don’t have to come to Accra for a specialised mental care any longer.

Another team of Ghanaian architects were tasked to design the standard regional hospital, which will serve the six new regions. Photos of the various designs by the various architects are attached to this post.

There are 8 other Ghanaian consultancy firms, whose services have also been procured through PPA, to supervise zonally the execution of all the 101 district hospitals across the country.

So, what has been the crime of Sir David? His design does not use the antiquated materials of cement block and mortar for the hospitals. It is interlocking earth bricks system, using local laterite from the respective regions. This has helped to bring down the cost. It also means, building with speed. He is using locally insulated roofing sheets. His design allows for natural ventilation. It shows how we can build better, cheaper and relying more on locally produced materials.

Mark this down. I foresee other African countries modelling their hospitals and schools from the designs, technology, materials and engineering that have gone into Agenda 111.

We are doing something that, in my view, will set the standards for providing healthcare facilities for Africa and beyond. For me, we have something to be proud of and let’s help it succeed. We may or may not celebrate the team making it happen, but let us not malign them. It can be demoralising.

This team, including Adjaye Associates, worked under HIG and closely with the Ministry of Health and other stakeholders to develop the brief as well as the designs and technical details for the various hospital types (District, Psychiatric and Regional) which have been approved by the Ministry of Health.

In all, over 20 Ghanaian Architectural and Engineering Consulting firms and 300 Ghanaian built-industry professionals are participating in the delivery of Agenda 111.

Source: classfmonline.com