The Independent Procurement Review Panel (IPRP) has concluded the matter between the National Social Security and Insurance Trust (NASSIT) (Respondent) and Onlime (SL) LTD Freetown (Appellant).
The Appeal was submitted to the Independent Procurement Review Panel (IPRP) by Onlime SL. Ltd. by way of Appeal dated 2nd September 2024. The Appeal is against the decision of the Procurement Committee at the National Social Security and Insurance Trust tasked with the
responsibility of procuring for specific tasks.
Based on a summary of fact, The National Social Security and Insurance Trust put out a National
Competitive Bid (NCB) advertisement in June 2024, on their website and via newspapers, inviting competitive bidders to submit their bids for the provision of Internet and VPN & VPLS Services.
The Appellant Onlime (SL) Ltd, submitted its bid to provide Internet, VPN, and VPLS Services and was invited to a bid opening by the procurement Committee of the Respondent for the bid opening.
Bids were opened in the presence of bidders on 11th July 2024. Having gone through the process, the Appellant alleged that they wrote a letter requesting for clarification pursuantto section 22(1) of Public Procurement Act of 2016. Appellant further alleged that it was not countenanced by the Respondent. During the bid opening, documents submitted were only shown to those present for them to take note of
proceedings.
It was further observed that only one ISP Company that had a valid ISP License from National Communications Authority (NatCA) which is the regulatory body. Given that bids were to be further evaluated after the committee had been formed, all bids were allowed to progress to the evaluation stage for further scrutiny. Upon constituting the Evaluation Committee, they found out that the Appellant did not have valid license. The Respondent noted that the Appellant applied with an expired ISP License together with a credited note indicating payment for renewal of license from NatCA.
Respondent further stressed that what was required of every ISP company was a valid ISP license/certificate not a payment receipt.
The Respondent provided a detailed clarification to substantiate the Appellant‘s claims of validity and payment.
The IPRP held a day hearing providing opportunity for both the Appellant and the Respondent to
be heard on the contention issues. Both parties passionately presented their cases and clarifications were made by the panelists. After extensive deliberations, the Panel decided on the
following:
1. The Panel finds that the appeal process was void Ab Initio and of no moment and that the entire evaluation of the procurement process for the Appellant should not have been proceeded on the grounds of an expired license submitted which invalidates the Appellant’s bid. The Appellant’s appeal for redress having submitted an expired license and credit note are in Ultra Vires to Part IV of the Public Procurement No. 10 of 2016 and must be discarded.
2. That the contract be awarded to the intended winner, Michael Group of Companies (MITCHOM) having proved most responsive in both Technical and Financial Evaluations.
3. The National Social Security and Insurance Trust (NASSIT) should avoid allowing bidders whose documentations are faulty to proceed to the Technical and Financial Evaluation stages, as this has the tendency to cause an undue delay in the procurement cycle.
The Independent Procurement Review Panel is a creation of section 65 (1) of the National Public Procurement (NPPA) No.10 of 2016. The IPRP is charged with the responsibility to review complains/ appeals from dissatisfied bidders about decision of a procuring entity.
Furthermore, the procurement process of Sierra Leone is governed by the NPPA Act No.10 2016
and the Regulations Statutory Instrument No.15 of 2020.
For further inquiries on this and other IPRP matters, please contact the Public Relations
Officer, on +232-75 166461/ 080- 855375 or via email iprpanal218@gmail.com