The review panel of the tender board has turned to the High Court to have its own decision in a N$23.7 million tender set aside.
The contract award, for the removal of household refuse and pumping out septic tanks at government buildings, handled by the Kavango East Regional Council, has been characterised by irregularities and a calculation error.
The review panel is of the view that its directives of 11 April 2022, that the Central Procurement Board of Namibia must take over the bidding process from the regional council midway, were wrong.
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.
"The applicants (review panel) order made on 11 April 2022, cannot be lawfully implemented or carried out by the first respondent (CPBN)," said Mutrifa.
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 CPBN 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.
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The multi-million-dollar tender was for the removal of household refuse and pumping out septic tanks at government buildings 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.
They also discovered that the bid was advertised under the wrong category of Works instead of non-consultancy.
The case will be in court on 21 June for a status hearing before Judge Boas Usiku.
