17 February 2017

Tanzania: PPAA Upholds Ewura's Hire of Fuel Marking Firm

IT'S now official that Switzerland-based SICPA SA in partnership with Global Fluids International (GFI) (T) Limited will soon start supplying the fuel marking services.

The tender execution follows the conclusion of a protracted legal battle pitting the Energy and Water Utilities Regulatory Authority (EWURA) against SGS Tanzania Superintendence Limited.

The tender had been paralysed for almost two months after SGS Tanzania appealed to the Public Procurement Appeals Authority (PPAA) on December 29, 2016, against EWURA's tender award to the Swiss firm.

But, according to a letter to EWURA Director General from PPAA Executive Secretary signed by Florida Mapunda, in its January 20, 2017 decision, PPAA dismissed SGS Tanzania appeal due to lack of merits.

"The Appeals Authority dismissed the appeal for lack of merits and ordered amongst others, each party to bear its own costs," reads the PPAA letter. According to the proceeding records, the authority quashed all the four grounds the appellant raised, saying they lacked merits.

The respondent was instead ordered to proceed with other necessary steps to finalise the procurement in adherence to the law.The four-person bench under its Chairperson Rosemary Lulabuka delivered the verdict.

Other members were Mr Louis Accaro, Engineer Aloys Mwamanga and Mr Ole-Mbille Kissioki.

The documents submitted to PPAA indicate that the respondent through the 'Daily News' of September 26, 2016, invited bidders to submit tenders for provision of the fuel marking services.

Nine firms purchased the bid documents but only three bids from M/s Aunthentix, Inc, M/s SGS Tanzania Superintendence Company Limited and M/s SICPA SA, in partnership with Global Fluids International (T) Limited were received on or before the deadline.

The bids were then subjected to a three-stage evaluation; preliminary, detailed and post qualification. During the preliminary evaluation for commercial responsiveness, two tenders, including SGS Tanzania were disqualified over failure to submit a registered Power of Attorney authorising the tender signatory to commit the bidder as provided for under the law.


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