By Eng. Vaughn I. Lezama, B.Sc., FAPETT, M.ASCE, R.Eng.
Registrar, Board of Engineering of Trinidad and Tobago (BOETT)
CEO and Principal Engineer, Consulting Engineers Associates 2005 Ltd (CEAL)
The Procurement Regime: Principles and Practice
Since the full proclamation of the Public Procurement and Disposal of Public Property Act (2015), as amended in April 2023, Trinidad and Tobago has embarked upon a new era of procurement governance. The Act is grounded on the principles of accountability, transparency, integrity, and value for money. The Office of Procurement Regulation (OPR), empowered under Section 13 of the Act, issues General Guidelines, Handbooks, and Standard Bidding Documents to ensure consistency and fairness in public procurement across all public bodies.
Public bodies must prepare their own Procurement Handbooks and Special Guidelines, aligned with the OPR template, and submit them for approval. Through these instruments, suppliers and contractors are to be screened, qualified, and invited to bid or propose based on prequalification and due-diligence processes.
In this framework, each public body must ensure that its practices reflect the objects of the Act: promoting good governance, fairness, and confidence in how public funds are spent.
But herein lies a critical gap—one that risks undermining both the intent and substance of the legal regime.
The Gap: Academic Qualification without Professional Accountability
Under current prequalification protocols, service providers often must submit engineering degrees or academic certificates to demonstrate technical competence. However, in many cases, there is no explicit requirement for evidence of professional registration, such as certification by the Board of Engineering of Trinidad & Tobago (BOETT) which is the only legislatively established regulatory authority for professional certification of technical competence of engineers practicing in Trinidad and Tobago.
This omission is consequential. A registered engineer is bound by a legislated Code of Ethics, and is obliged to demonstrate professional competency, objectivity, confidentiality and ethicality in the performance of his/her services and interaction with the public and is subject to discipline, and accountable under law to a statutory body in the event of a breach of duty of care. An unregistered engineer, by contrast, lacks that formal accountability, and there is no assured recourse under BOETT’s jurisdiction.
Given that the procurement regime is built upon accountability and integrity, this gap may be more than an oversight—it may be a contradiction.
Alignment with OPR’s Mandate
The OPR, under the Act, is tasked not only with issuing guidelines, but also “setting training standards, competence levels, and certification requirements to promote best practice in procurement.” This responsibility arguably provides authority—and indeed obligation—to clarify what professional competence means in procurement contexts.
By omitting registration—by neglecting the role of professional certification—the current system leaves a blind spot in the assurance of competence, integrity, and ethical conduct of those awarded public contracts in engineering or related fields.
Why Registration Deserves a Place in Prequalification
- Public Safety and Duty of Care
Engineering works funded by the State often involve infrastructure, buildings, bridges, roads—assets that affect public safety. Registration ensures that engineers adhere to standards, stay updated in practice, and that there is accountability when things fail. - Ethics, Objectivity, and Oversight
Registered professionals are obligated to maintain impartiality, confidentiality, and ethical conduct. These are not mere niceties—they guard against procurement conflicts of interest, collusion, or negligence. - Signaling Professional Quality
Demanding registration in the prequalification phase sends a strong signal that the State expects high standards—not just academic credentials but recognized professional standing—and encourages more engineers to maintain registration and professionalism. - Bridging Formal Rules and Market Reality
In many public procurements, engineering firms compete on the basis of price, technical design, and reputation. Including registration within the criteria helps connect the legal regime’s principles with real-market incentives for quality and accountability.
A Measured Proposal: Registration as Supplemental, Not Sole, Criterion
The BOETT has twice raised this issue by correspondence to the Office of the Procurement Regulator, but has failed to receive any response on the matter. The BOETT is not advocating that the OPR make professional registration the exclusive gatekeeper in prequalification. Many capable engineers may operate pending registration, or in transition. But the BOETT proposes:
- Include a “registration certification” requirement (e.g., current proof of BOETT registration or registration-in-process) as part of the supporting documents in the prequalification package.
- Weigh registration favorably in evaluation—not as absolute, but as a desirable, differentiating attribute.
- Require a transition period so that firms and contractors may align themselves: e.g. a grace period of 12–24 months to attain registration if not already held.
- Provide alternatives in exceptional cases, with appropriate justification and oversight
This approach recognizes both the practical constraints of the engineering profession in Trinidad and Tobago and the higher public standard that procurement law demands.
Implications and Next Steps
- Revisions to OPR Guidelines
The OPR should revise its General Guidelines, Handbooks, and Model Bidding Documents to include professional registration as part of the technical/qualification criteria, especially in works or consultancy procurements with engineering content. - Amend Public Bodies’ Procurement Handbooks
When public bodies submit or update their Procurement Handbooks for OPR approval, they should embed the registration requirement for engineering-related services. - Stakeholder Sensitization
Workshops, guidance notes, and training sessions (by OPR, BOETT, and professional bodies) must clarify how registration adds value in procurement and how suppliers/contractors can migrate toward compliance. - Monitoring and Enforcement
OPR’s audit and compliance mechanisms should assess whether public bodies are applying the registration requirement consistently and fairly, and whether exceptions are being justified properly.
Conclusion: Raising the Bar, Without Excluding Fairly
The Office of the Procurement Regulator has a unique position—not only to regulate but to elevate procurement standards across public bodies. Aligning supplier qualification with the broader objectives of accountability and integrity means going beyond academic credentials. Professional registration certification for engineers should not be a bureaucratic hurdle, but a tool of quality assurance—supplemental, not exclusionary, but early and meaningful.
In bridging this gap, Trinidad and Tobago can inch closer to a procurement regime that does more than comply with law—it truly exemplifies best practice, strengthens public trust, and ensures that public works stand on the foundation of technical responsibility and ethical accountability.