In providing the background for her advice, Joan R Furlonge stated:
“I have been asked to advise the Attorney General of Trinidad and Tobago, Anand Ramlogan SC, on the response to the joint letter of the Joint Consultative Council, et al, dated December 14, 2011, on the response to a question from Senator Dr James Armstrong to the Minister of Planning and Economy on whether the publication of the request for proposals (by the Ministry of Planning and Economy) conformed to the Central Tenders Board Act and whether the process of selection of the three proposed developers for the Invader’s Bay Project meets the legal requirements to proceed”.
Furlonge said the issues to be resolved were:
• whether the tendering/procurement process adopted by the Ministry of Planning and Development was lawful
• whether the tendering/procurement process adopted by the ministry was to dispose of real property owned by the Government and whether the said process fell within the remit of the CTB pursuant to Legal Notice/Order 179 of 1997
• whether the tendering/procurement process adopted by the Ministry of Planning was one where the Government may act on its own behalf, pursuant to Section 20 A (1) of the CTB Act
• whether the entire tendering/procurement process adopted by the ministry is fundamentally flawed and should be terminated and the entire process initiated in compliance with the legal requirements.