ANSWERS TO QUESTIONS ASKED BY
THE FIRST DISTRICT REPRESENTATIVE TO
MINISTER FOR COMMUNICATIONS AND WORKS
AT THE EIGHT SITTING OF THE
SECOND SESSION OF THE THIRD
HOUSE OF ASSEMBLY
TUESDAY, 13 JUNE, 2017

Question 1

Madam Speaker could the Minister for Communications and Works please inform this Honourable House what was the budgeted cost for the St. Thomas Bay Jetty Dock rehabilitation works in Virgin Gorda?

Answer 1

Madam Speaker, a development budget for the St. Thomas Bay Jetty in the amount of Three Hundred and Fifty Thousand Dollars ($350,000) was submitted and approved by the British Virgin Islands Ports Authority (BVIPA) during its 2017 budget exercises. 

Question 2

Madam Speaker could the Minister for Communications and Works please inform this Honourable House of the total cost of works done on the St. Thomas Bay Jetty Dock rehabilitation works in Virgin Gorda including all soft and hard costs? and;

Answer 2

Madam Speaker, the total rehabilitation cost expended to date on the St. Thomas Bay jetty was Three Hundred Fifty-Nine Thousand Five Hundred Seventy-Four Thousand Dollars and Seventy-Eight Cents. ($359,574.78)

1. State if the tender process was fully adhered to for this project?  If not, why not?

Madam Speaker, yes, the full tender process was exercised during the preparation and execution of this project.

2. Explain if the project was done in full adherence with the tenets of the Protocols for Effective Financial Management?

Madam Speaker, to my knowledge, the project was executed using the guidelines as required under the Public Financial Management Regulations, 2005 Part 27- Procurement of Goods and Services, which also falls into compliance with the Protocols for Effective Financial Management- Section 11- Projects - Subparagraph B Tendering and Procurement.

3. State if there were any variations and if yes please state the total amount(s) and who were they made payable to?

Madam Speaker, there were no variations on the project. However, the BVIPA requested some additional works after awarding the contract in the amount of Fifty-Two Thousand Three Hundred Sixty-Six Dollars and Eighty-Eight Cents ($52,365.88). This final sum is to be agreed between the BVI Ports Authority and the contractor. These works consisted of the installation of bollards to accommodate multiple vessels, which substantially increases the cargo holding capabilities of the main dock and therefore reduces the stress on the jetty.

4. List each contract, work order, purchase order, and all other awarding of works other than in the form of contracts for this project, with the amounts and person(s) and/or Company(s) awarded and the dates awarded with description of each works affixed.

Madam Speaker, the table below provides a list of the Companies and or persons that provided services during the execution of the repairs to the St. Thomas Bay Jetty, including the amounts and purpose of the service.

Date	Name	Type of Service	Amount
April 25, 2017	Rufred Forbes Construction	Repairs to St. Thomas Bay Jetty	$264,797.28
June 1, 2017	Systems Engineering	Engineering Services St. Thomas Bay Jetty	$4,777.50
April 26, 2017	Virgin Gorda Tours Association	Provision of Shuttle Services	$15,000.00
April 24, 2017	Virgin Gorda Yacht Harbour	Provision of Temporary Docking Facilities while St. Thomas Bay Jetty under repair works	$75,000.00

 

5. Inform in detail the other works, remedial and otherwise, planned for the St. Thomas Bay Jetty Dock and by when?

Madam Speaker, it is intended that additional works be carried out on the St, Thomas Bay Jetty. Works will include bulk heading of the cargo facility adjacent to the current location, the separation and inclusion of an access drive-way at the rear of the building.

Madam Speaker, the BVIPA is currently exploring the use of a Fosroc Surface Repair System, which, when applied to the under surface, is expected to treat the exposed steel, thereby significantly reducing the rate of deterioration from the elements and increasing the dock’s life span.

Madam Speaker, a defined timeline for these works has not been set as yet.

Question 3

Madam Speaker, could the Minister for Communications and Works please inform this Honourable House whether or not he received engineering reports regarding the structural integrity of the Jetty given the reported degradation of the steel works at the under-side of the dock?

Answer 3

Madam Speaker, Yes! I am in receipt of a copy of the engineering report for the St. Thomas Bay Jetty.

Question 4

Madam Speaker, from the inception of the Cruise Pier Project to date, would the Minister for Communications and Works please state for this Honourable House the name(s) of each law firm(s), legal person(s), legal consultants and/or legal companies hired on the Cruise Pier Development project?

1. State the amount paid to each of them along with the description of works?

Answer 4

Madam Speaker, according to the records held by the BVIPA, one legal firm was engaged by the BVIPA in the name of Harney Westwood and Reigels, to provide legal advice and or services to the BVIPA and TPPL for the Cruise Pier Development Project, in the total amount of Six Hundred Fifty-Four Thousand Five Hundred Thirty-Five and Twelve Cents ($654, 535.12)

Madam Speaker, I am also aware that through the Ministry of Finance, legal advice and services linked to the cruise pier project were also sought and obtained from Baker Mackenzie - a UK Legal Firm.

2. State each subcontractor(s) that was approved to work along with each legal firm(s)/person(s) on the project?

Madam Speaker, it is my understanding that the BVIPA Staff were the only parties that worked with or communicated with the Legal Firm.

3. Provide a copy of each contract or terms of engagement?

Madam Speaker, by virtue of my previous answer, this question is not applicable.

4. State if any variation was paid to any of the legal entities, and if yes, state the legal person and/or firm and the amount paid in variation to each?

Madam Speaker, no variations were incurred during the provision of these services.

5. List all outstanding monies owed to any legal firm/person on the project and the description of what the outstanding funds are to be paid for?

Madam Speaker, according to records held by the BVIPA, there are no outstanding invoices or balances to be paid.

6. Inform if the tendering process was used to hire each legal entity? and, if not, why not?

Madam Speaker, it is my understanding that the tender process was not used to obtain these services, but instead, the services were obtained through direct negotiations.

7. In the cases where the tender process was not used, inform the procedure used to hire each of the legal entities used on the project?

Madam Speaker, it is my understanding that other firms were approached by the BVIPA to provide professional legal service linked to the Cruise Pier Project. However, their costs proved prohibitive and therefore, after some negotiations, the firm of Harney Westwood and Reigels was chosen.

Question 5

Madam Speaker, during the Seventh Sitting of the Second Session of the Third House of Assembly the Minister for Communications and Works informed this Honourable House that the total cost of the Cruise Pier Project was $82,815,759.73 with the total of the Marine phase being $37,532,165.27 and the total of the Land phase being $37,709,550.58.  Seeing that the combined total of the land and marine phase does not total $82,815,759.73, could the Minister please inform the Honourable House of the names of each vendor/contractor paid from the $7,574,043.88 which is the total from the difference of the combined total of the marine and land phase from the total of the cost of the project?

Answer 5 

Madam Speaker, I have attached Appendix I, which provides a full and detailed analysis of the Seven Million Five Hundred Seventy-Four Thousand Forty-Three Dollars and Eighty-Eight cents, including the Name, Amount and Services rendered by each of the vendors engaged.

Question 6

Madam Speaker, given the answer in question 4, would the Minister for Communications and Works please inform this Honourable House if the tender process was used to select each vendor/contractor?

Answer 6

Madam Speaker, with reference to question four earlier, I did state that based on records and what the information I received, there were no vendors and or subcontractors engaged by BVIPA to work with or in conjunction with the Legal Firm.

1. In the cases where the tender process was not used please state the process used and the authorizing body?

Madam Speaker, by virtue of my response just given, this question is not applicable.

2. For each vendor/contractor please state each subcontractor for each entity that was approved to work along with them on the project?

Madam Speaker, by virtue of my response previously given, this question is not applicable.

3. For each vendor/contractor stated in question 4, please state the amount paid to each and the description of works?

Madam Speaker, by virtue of my response previously given, this question is not applicable.

4. Furnish a copy of each contract and/or terms of engagement?

Madam Speaker, by virtue of my response previously given this question is not applicable.

5. State which vendor/contractor variations payments were made to, the amounts and the description of the work that required the variation payment?

Madam Speaker, by virtue of my response previously given, this question is not applicable.

6. State if the tenets of the Protocols for Effective Financial Management were fully adhered to in this phase of the project?

Madam Speaker, by virtue of my response previously given, this question is not applicable.