Customize Consent Preferences

We use cookies to help you navigate efficiently and perform certain functions. You will find detailed information about all cookies under each consent category below.

The cookies that are categorized as "Necessary" are stored on your browser as they are essential for enabling the basic functionalities of the site. ... 

Always Active

Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.

No cookies to display.

Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.

No cookies to display.

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.

No cookies to display.

Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.

No cookies to display.

Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.

No cookies to display.

NPS loses NUST tender

Home Front Page News NPS loses NUST tender

Maria Amakali

A local security company, whose three-year contract to provide security services to the Namibia University of Science and Technology was revoked by the Central Procurement Board of Namibia’s review panel, has succeeded with its court challenge to have the cancellation set aside.
The Windhoek High Court on Tuesday set aside a decision taken by the review panel on 10 August to nullify the tender award to PIS Security Services and have the process start afresh.

In December last year, PIS was awarded the tender by the CPBN on behalf of NUST. However, the award was challenged by NPS Security Services and Shilimela Security and Debt Collection CC who applied to the review panel to have the CPBN to reconsider its decision. 
The procurement Act makes provision for unsuccessful bidders to submit applications for review of the selection if they are unhappy with the award. 

This should be done within seven days of the notice of award. However, on 23 January, the review panel declined their request. 
After the panel’s decision, the procurement board proceeded to give a notice of award on 21 July to PIS Security Services.
The procurement board gave the unsuccessful bidders an additional seven days to approach the review panel if they were still aggrieved by the decision. 

This time around only NPS approached the review panel and on 10 August the matter was heard. The review panel found that the chairperson of CPBN Patrick Swartz failed to comply with the procurement regulations – that the deadline for bids is 29 days instead of the mandatory 30 days from the publication of the invitation to bid. The review panel also found Swartz used an evaluation criteria and methodology which was not set out in the bidding document. Thus, the evaluation of the bids was not completed in accordance with the criteria set out in the bidding documents. Based on the findings, the review panel took a decision that the procurement process should start afresh. Consequently, the tender awarded to

PIS Security Services was set aside.  PIS Security Services challenged this decision by arguing that the review lodged by NPS was non-compliant, citing it was done within the seven days provided for illegally by the procurement board. “This was ultra vires the Act and fundamentally flawed because the seven-day period for review had already been provided and a purported review application, which was totally and materially non-compliant with the act and law,” PIS Security Services had argued in their High Court application. In the meantime, NUST and NPS entered into a short-term contract while the matter was before court. The CPBN and NPS opposed the High Court application by PIS Security Services, arguing the review panel had acted within the confines of the law when it nullified the tender award to PIS Security Services.

Acting Judge Esi Schimming-Chase ordered the CPBN and NPS to pay the costs of the applicant jointly and severally. “One third of the costs are to be paid by the first and second responded jointly and severally, the one paying the other to be absolved. Two thirds of the costs are to be paid by the fifth respondent.”
mamakali@nepc.com.na 
Settled… The NUST security tender has been awarded to PIS Security Services.