Director general of TCRA, James Kilaba
Dar es Salaam. The Tanzania Communication Regulatory Authority (TCRA) has been ordered to restart a Sh29 billion tender for selection of consultant to carry out preinspection of imported electronic communication equipment over flaws in picking the winner.
The Public Procurement Appeals Authority (PPAA) has agreed with SGS Tanzania Superintendence CO. Limited that the picking of Ms Bureau Veritas Tanzania Limited to carry out the work was irregular and premature.
The halted tender also involved collection of advance eco levy fees for electrical imports. Eco levy is a fee charged in advance to all electronic communication equipment to take care of the disposal of associated equipment.
TCRA announced its intention of engaging an external agency to manage the importation of electronic communication equipment waste into the country.
It is the TCRA’s plan that the selected service provider would also work as its agent for inspections and collection of advance eco-levy-fees from manufacturers or importers of electronic communication equipment into Tanzania.
SGS sought PPAA’s intervention into the deal after lodging a complaint in January, complaining that the award of the tender to Bureau Veritas Tanzania Limited was made prematurely.
According to SGS which was among the three firms that compete for the multi-billion work, TCRA issued an award letter to Bureau Veritas before lapse of seven working days from the date it issued the notice of intention to award the tender.
“TCRA issued an award letter on the same date it received our complaint challenging the tender results,” argued SGS during the hearing of the appeal. SGS also argued that the award made to Bureau Veritas was not justified because TCRA’s evaluation process was conducted in contravention of the Request for Proposals (RFP).
Replying to the complaints, Bureau Veritas argued that SGS’s application for administrative review of the award was filed beyond time limit.
The communication regulation insisted that the award was proper as evaluation was conducted through Tanzania National electronic Procurement System (TANePS) and in observance with the criteria provided for in the RFP.
But in its recent decision, PPAA sided with SGS that the award of the tender was made irregularly and prematurely.
“From the facts and requirements of the law, the Appeals Authority is of a settled view that the appellant’s application for administrative review was within the time provided under the law,” said PPAA.
PPAA also agreed that award was issued prematurely because TCRA had not worked and deliberated on complaint lodged by SGS. Section 60 (3) of the Public Procurement Act allows tenderers who are dissatisfied with the notice of intention to award to file complaint, if any, within seven working days.
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