The Public Procurement Appeals Authority (PPAA) has ordered the Vocational Education and Training Authority (VETA) - South West Zone to re-start the tender process for the provision of security services, TPJ has learnt.
According to the facts of the case M/S Panic Systems Group Co. Ltd requested VETA to explain to them whether there were other reasons for their disqualification apart from the bid price. Having received no response from VETA, M/S Panic Systems Group Co. Ltd was dissatisfied with the accounting officer’s failure to give them additional grounds for their disqualification hence submission of the appeal in hand.
On receiving the appeal, VETA raised points of preliminary objection on the ground that the appeal had been improperly filed before PPAA since M/S Panic Systems Group Co. Ltd failed to observe the review procedures stipulated in the Public Procurement Act. However, the raised preliminary objection was overruled and the PPAA proceeded to entertain the appeal.
Having gone through the documents submitted, PPAA considered four issues; whether the tender process was conducted in accordance with the law; whether the disqualification of the appellant was proper at law; whether the award of the tender to M/s Amazon 12 Group Co. Ltd was proper at law and to what reliefs, if any, were the parties entitled to.
In addressing the first issue, PPAA observed that the restricted tendering method applied was not conducted in accordance with the law. PPAA also observed weaknesses in both the tender document and the evaluation report and identified that the successful tenderer failed to comply with the requirement of the tender document. PPAA therefore concluded that the evaluation process was not conducted in accordance with the law and this marked a conclusion that the tender process was not conducted in accordance with the law hence the award was a nullity in the eyes of the law.
On the second issue, PPAA considered the observation on the first issue that, disqualification of M/s Panic Systems Group Co. Ltd based on price was not justifiable as the price comparison analysis was not done in accordance with the law, hence the disqualification of M/s Panic Systems Group Co. Ltd was not proper at law.
On the third issue, PPAA observed that, the award of the tender to M/S Amazon 12 Group Co. Ltd was not proper in the eyes of the law as their tender ought to have been disqualified for been substantially non responsive. PPAA further observed that the value of the contract signed between M/S Amazon 12 Group Co. Ltd and VETA ie Tsh. 3,895,000 per month differs significantly with the value tendered for by M/S Amazon 12 Group Co. Ltd which was Tsh. 1,650,000 per month.
Finally, PPAA upheld the appeal and ordered VETA-South West Zone to re-start the tender process in observance of the law. PPAA also ordered VETA-South West Zone to compensate M/s Panic System Group Co. Ltd a total of Tsh. 150,000/= being actual costs incurred.