Dar es Salaam — The
Public Procurement Appeals Authority (PPAA) has blocked the intended
award of a $5.7 million (about Sh13 billion) tender to run business
lounges at Terminal III of the
PPAA ordered Air
Tanzania Company Limited (ATCL) to restart the tender process, saying
there was no sufficient evidence that Tourvest Holding Limited, the
company that won the tender, had the required experience to carry out
the work.
The decision
follows an appeal filed by Ms VIA Aviation JV with National Aviation who
claimed the national carrier bent rules to award the tender to a
company that allegedly lacked experience.
"It is the
authority's conclusion that the award to the proposed bidder is not
proper in law. We hereby nullify the intended award. The respondent
(ATCL) is ordered to re-start the tender process in accordance with the
law," said PPAA panel chaired by retired justice Sauda Mjasiri.
Yesterday, ATCL
managing director Ladislaus Matindi declined to comment on the
development, saying any comment from him at this stage could jeopardise
some actions.
"Ethically, I
cannot give any comment. Any comment from me will have the effect of
being advantageous or disadvantageous to us or to those who participated
in the tender," said Mr Matindi. ATCL floated in December last year the
multi-billion tender for design, develop, supply, develop and operate
business lounges at JNIA.
Ms VIA Aviation's tender was disqualified during preliminary evaluation over failure to submit Tax Clearance Certificate.
Dissatisfied with the exclusion, the company filed for administrative review of the decision by ATCL but lost the case.
The company
advanced to PPAA, arguing that its failure to submit tax clearance
certificate was not fatal omission to warrant disqualification at the
preliminary stage.
It's further
contention that ATCL intended to award the tender to a company which
lacked experience despite having quoted a higher price.
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