By IPRP Communications Unit
The Independent Procurement Review Panel (IPRP) has on July 17, 2023, ruled that the evaluation committee of the procuring entity under the Free Education Project / Ministry of Basic and Senior Secondary School (MBSSE) did not observe stringent procurement guidelines thereby allowing bidding institutions to progress from the technical to the financial evaluation stage in default of the certain criteria.
The Panel further advised the procuring entity to endeavor to do due diligence during its evaluation of bids so as to allow only qualified bidders to progress from one stage to the other to avoid misperception.
IPRP made the statements after it received a complaint from Grace Mack Engineering and Construction Services alleging irregularities in the procurement processes in respect of a summary of facts suggesting that, the Free Education Secretariat advertised a bid in September, 2022 in local newspapers, inviting Competitive Expression of Interest (EOI) for construction of classrooms, Admin Blocks and Wash Facilities in Kono District lot 10.
The Appellant submitted a bid on 22nd December, 2022 expressing interest to construct classrooms, Administrative Blocks, as well as Wash Facilities.
After the expression of interest, the Appellant was invited to a bid opening by the procurement committee of the Respondent. Bids were opened in the presence of bidders.
During the bid opening, the Complainant alleged that Yorma Engineering and Construction Services did not include Power of Attorney which was a condition precedent to be fulfilled.
The Appellant furthered that his entity complied with the said requirement, and after the evaluation process, the respondent in a letter dated 28th April, 2023 informed them that their entity had been unsuccessful in the evaluation process.
The IPRP held a day hearing providing an opportunity for both parties in the said matter and the panel to be heard. Held:
The Appellant has no case as he flouted the instructions of the ITB and section 21 (1), 21 (5) of the Public Procurement Act of 2016.
The Panel finds that the Power of Attorney was included in the bid data sheet and further finds that the Power of Attorney was not a condition for disqualification of bidder.
The appellant had issues with understanding the technical language used in the bid document which led to his inadvertent none compliance with simple instructions especially the aspect of bid instruction that requires a bidder to have Higher National Diploma as a qualification for core staff instead of Ordinary National Diploma which the appellant submitted.
The Panel orders that the previous winner be awarded the contract.