Tender challenge

2014-11-28 00:00

A COMPANY that lost a R700 000-a- month contract to provide security at three KZN health institutions, has gone to court over the matter.

Imvula Quality Protection (Africa) (Pty) Ltd failed in a bid to have its long-standing contract renewed in respect of King Dinizulu Hospital, Edendale Nursing College and Doris Goodwin Hospital even though it has been awarded three other contracts in the province.

The disputed contracts, which are valid for three years, have now gone to Ditirotsaka Trading and Projects 38 CC, Lihakoe General Trading Enterprise CC and Ngiphile Trading CC, with effect from December 1 this year.

Imvula Quality Protection ­approached the Pietermaritzburg High Court for an interim interdict yesterday, alleging the tender process that was ­followed was “flawed”.

But after lengthy talks between the parties, the case was postponed until early next year without an interim order being granted.

Simultaneously the court was yesterday also faced with a second urgent legal challenge against the tender process launched by five other companies whose bids were unsuccessful.

They are Lindor Cleaning and Security Services, Mumbo Security Services CC, Ulundi Protection Services, Ithunzi Protection Services and United Security Service Providers.

They asked the court to order that the tender process should start afresh.

However this case too was adjourned for an indefinite period following talks.

Both applications are being opposed by KZN’s MECs for Health and ­Finance, the Bid Appeals Tribunal and the Bid Adjudication Committee responsible for awarding the tenders.

In his affidavit, Paul Kruger of Imvula said the company contends that its bid was unsuccessful, and the tenders were awarded (to new service providers) as a result of a “fundamentally and ­materially flawed process …”

He also asserts that the award “has disastrous implications for public ­administration and public safety”.

He said Imvula had provided “exemplary services” in the past and had ­reason to believe they would be fairly treated, but maintains instead that the process was “flawed, irrational and ­unlawful”.

In a replying affidavit, the chairperson of the Bid Evaluation Committee, Mvusi Mahlaba, said Imvula was excluded and its bid disqualified in the first phase of the as it didn’t comply with compulsory requirements.

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