PHILIPSBURG:--- The National Alliance (NA) faction in Parliament has dispatched urgent correspondence to the Minister of VROMI, Patrice Gumbs, following the last Question Hour regarding the Marketplace project. The faction is expressing deep concern that the project has become a victim of the Ministry of TEATT and the Ministry of VROMI playing "hot potato" with accountability and good governance, resulting in unacceptable delays for displaced vendors.
While a clear plan was originally set in place for the reconstruction, the Ministry of TEATT’s decision to deviate from the approved design and Bill of Quantities creates a dangerous legal and procedural bottleneck. The National Alliance warns that these material changes threaten to cause significant future delays and could legally force a complete retendering of the project to ensure a fair process.
The faction emphasizes that if the government ignores established protocols by changing the rules after a contract is signed, they are not just breaking protocol but risking the entire project's legality. To ensure the public understands the gravity of the situation, the faction pointed to the "FIDIC Yellow Book" framework cited by the Ministry. Simply put, FIDIC is the international rulebook used for construction contracts to ensure fairness and clear standards for all parties involved.
Crucially, the National Alliance has also inquired whether the building permit has been requested and approved, along with the excavation and civil works permits required by the Ministry of VROMI. This inquiry comes in light of the fact that no new permits were issued at the time of the groundbreaking, nor during the most recent budget debate.
Deviating from these standards undermines trust and exposes the government to liability. Consequently, the National Alliance has questioned whether VROMI is formally advising on these design changes or allowing TEATT to make technical decisions without necessary oversight. They further pressed on whether the government can legally alter a project’s design and cost after awarding the contract without creating unfairness to other bidders, and if the Minister acknowledges that these deviations might legally require a full restart, pushing the completion date back even further.
The primary goal of the National Alliance is to see this project start legally and finish promptly. The market vendors have faced enough uncertainty and unnecessary delays, and they, along with the citizens and tourists of Sint Maarten, deserve a facility to be proud of.
It is time for the Ministries to stop passing the buck, strictly follow the law, and get the work done so that the Marketplace can finally be completed without being stuck in legal limbo.