adminLloyd Gumbo Senior Reporter
The Administrative Court has nullified a decision by the State Procurement Board to unilaterally cancel a tender to cover up for its flaws in handling the bid. The SPB cancelled a Portraz tender for design, supply, installation and commissioning of shared passive telecommunication infrastructure for under-served areas in December 2013.
SPB principal officer Mr Cledwyn Nyanhete wrote to Portraz acting director-general Mr Alfred Marisa informing him that the tender had been cancelled due to technical irregularities.
“At the meeting of November 28, 2013, members noted with concern that Portraz could be violating its own mandate by encroaching into the realm of service provision, ordinarily reserved for competing service providers,” said Mr Nyanhete on December 11, 2013.
He said it was important for Mr Marisa to clarify Portraz’ role as a regulator and service provider and to critically examine conflicting interests to avert potential problems.
This prompted one of the bidders – Nexcom Group (Pvt) Ltd – to appeal at the Administrative Court where Justice Herbert Mandeya nullified the cancellation.
Judge Mandeya said the SPB could not blame the bidders for the technical irregularities in the request for proposals regarding audited financial statements and tender sums.
He said it was the SPB and Portraz that erred in compiling request for proposals.
“It is accordingly not fair to cancel a tender for an irregularity created by the respondent and the procuring entity,” said Justice Mandeya.
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