UB P45m catering tender battle heightens
Innocent Selatlhwa | Tuesday May 24, 2016 11:24
Now the Centre of Clinical Excellence (PTY) LTD trading as Boitekanelo Catering has through Rantao filed an urgent application for the High Court to review and set aside University of Botswana Finance Committee’s decision to invalidate the award for provision of catering services to Boitekanelo.
In his founding affidavit, Boitekanelo managing director Tiroyaone Mampane wants the decision invalidated because Boitekanelo was never given a hearing prior to the termination of the award; the Deputy Vice Chancellor, Students Affairs, duly declared her interests in compliance with section 17 of the UB Act; in any event, the Tender Regulation 4.4.3 is not applicable to Lydia Saleshando since she is not a member thereof; Regulation 4.4.3. is ultra vires section 17 of the UB Act.
Mampane argues that: “The UB Finance Committee never held a properly constituted meeting to invalidate the tender award prior to May 11, 2016, being the date of letter which communicated the termination of the award, UB finance Committee, its Chairperson and the University waved their right to withdraw the tender award”.
He also argues that the Finance Committee usurped the powers of the Tender Committee.
On alleged conflict of interest complaints made by UB and the fourth respondent Independence Tarven trading as Moghul Restaurant, that Saleshando failed to recuse herself, a letter by Saleshando is annexed.
In the letter she wrote to UB stating that she attempted to recuse herself but the Ad Hoc Tender Evaluation Committee directed her to participate in the meeting.
Last week High Court Judge Zein Kebonang ordered that UB pays legal costs for Moghul and Boitekanelo after they had filed an affidavit stating that they had cancelled the award to Boitekanelo.
UB cancelled the tender citing the irregular involvement of Saleshando in the tender process.
In a letter cancelling the tender dated May 11, 2015, UB wrote that, “it has been brought to our attention that there was an irregularity in the tendering process, at the level of the evaluation committee, in that the Chairperson (Deputy Vice Chancellor, Student Affairs Lydia Saleshando) chaired three of the earlier evaluation meetings when she should not have done so, in terms of the University Tender Regulations and Procurement Procedures.”
Clause 4.4 of the University’s Tender Regulations and Procurement Procedures, on conflict of interest reads; “before the consideration, adjudication or evaluation of any tender, each member shall declare whether he or his immediate family (which expression shall, for the purpose of these Regulations, be deemed to include that member’s spouse, children, parents and or siblings) has an interest, direct or otherwise, in the award of such tender”.
The university further wrote that, “While we have noted that the chairperson disclosed her interest, the matter of concern to the UB Finance Committee, is that there was no proper compliance with the provisions of clause 4.4.3”.
“Premised in the above, we have come to the conclusion that the University should not continue with the tender process and we hereby give you notice that we consider the award invalid. Accordingly, we will not be inviting you to negotiate and conclude a contract.”