The review panel of the Procurement Board’s decision to stop the bidding process midway for a N$23.7 million tender, for the removal of household refuse and pumping out septic tanks at government buildings in Kavango East, has been set aside by the High Court. 

On Tuesday, Windhoek High Court judge Boas Usiku reviewed and set aside the review panel’s decision of 11 April 2022. 

This was after the review panel sought a court’s review of its decision that the Central Procurement Board of Namibia must take over the bidding process from the Kavango East Regional Council. 

In court documents, the review panel’s chairperson, Browny Mutrifa said their decision must be set aside as it was taken despite them knowing there were irregularities committed during the bidding process by the regional council. 

Thus, the court must review and set aside its decision or alternatively have the matter remitted back to it so it can cancel the tender and have the CPB start the bidding process afresh. 

The review panel’s April 2022 decision was a result of several unsuccessful bidders who launched a review application with it that it was unlawful for the regional council as a public entity to handle a tender that was above the N$10 million threshold as stipulated by the public procurement regulations. 

They also claimed the bidding number was misleading according to the services to be rendered. They claimed it was supposed to be non-consultancy services as opposed to work. 

The multi-million-dollar tender was for a period of three years. 

The bidders who were selected for the tender award were Neeru Investment with a contract of N$10 153 080, Tunga Investment whose contract is worth N$8 722 980, and Eight Point Five Investment with N$1 908 000. Albama Investment Group was meant to get a contract worth N$2 946 240. 

However, the review panel discovered that the regional council corrected an arithmetic error without informing the bidders. Moreover, the regional council issued a notice of selection of award to the successful bidders without notifying them of the arithmetic errors and the new corrected bidding amounts. 

The regional council also failed to evaluate bids according to the criteria and methodology as set out in the bidding documents. 

- mamakali@nepc.com.na