1. IT WAS FRAUDULENT AFTER ALL! SO WHAT HAPPENS TO ALL THE MONIES PDS COLLECTED? FRAUD VITIATES EVERYTHING IN THE LAW OF CONTRACT!
2. WHO TAKES OVER FROM PDS?
Another concessionaire to come in but how is this new one to be selected. I hear it’s going to be through restricted tendering.
Section 38 of the Public Procurement Act, 2003, (Act 663) states, “A procurement entity may for reasons of economy and efficiency and subject to the approval of the Board engage in procurement by means of restricted tendering (a) if goods, works or services are available only from a limited number of suppliers or contractors; or (b) if the time and cost required to examine and evaluate a large number of tenders is disproportionate to the value of the goods, works and services to be procured.”
Section 39 (1) of Act 663 states, “Where a procurement entity engages in restricted tendering on the grounds referred to in Section 38 (a), it shall (a) invite tenders from suppliers and contractors who can provide the goods, works and services; (b) select in a non-discriminatory manner, a number, a number of suppliers or contractors to ensure effective competition.
Looking at the scandalous and fraudulent nature of the PDS deal, I will suggest COMPETITVE TENDERING no matter what as provided for in section 35 of Act 663! According to Section 35, “A procurement entity shall procure goods, services or works by competitive tendering except as provided in this part.” In other words except as provided the restricted tendering and Single-Source tendering methods of procurement.
I daresay that it’s another potential avenue for fraud and corruption if the restricted tendering method of procurement is used! PDS, it’s possible, can even repackage itself and be handed the deal.
Why not open up by using the Competitive Tendering method of procurement to allow for many companies with the requisite capacity and expertise to bid?
Let’s be vigilant and ask the right questions