KMC Used Restricted Tender to Purchase Waste Bins Due to Urgency

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By Makutu Manneh

Mr Ebrima Sanyang, Director of Procurement Policy and Operations at the Gambia Public Procurement Authority (GPPA) informed the ongoing Commission of Enquiry into Area Councils and Municipalities that the Kanifing Municipal Council (KMC) used restricted tender to purchase ten thousand waste bins due to urgency.

However, he said it was not a sufficient basis or justifiable reason for violating procedures.  

KMC has informed GPPA in a letter that it intended to purchase 10 thousand waste bins for 25 million through restricted bidding and tender of only five suppliers due to urgency.

Mr Sanyang said restricted tender may be used only where the goods, works, consultancy, or services are only available from a limited number of bidders known to the procuring organization, the time and cost of considering a large number of bids is disproportionate to the value of procurement and the requirement is of a specialized nature or has requirement for public safety or public security which make an open tender method inappropriate.    

“This is why I said that the condition urgency here is not a reason or condition for the use of a restricted tender. So, the section is not compliant with….,” he said.

The KETP project is a three-year project funded by the European Union and they are in partnership with Peterborough City Council in the UK.

GPPA approved KMC’s request to go ahead with the purchase, but reminded them that 60 percent of the sales of the bidding shall be paid to the authority when submitting their evolution report.

In another contract where Kanifing Municipal Council (KMC) under its KETP project signed a contract with BAJAM Enterprise Limited for the construction of a municipal library, lead counsel Yakarr Cox found out that there was a discrepancy in the amount of the contract.

She informed Ebrima Sanyang, Director of Procurement Policy and Operations that the document GPPA approved for KMC indicated that the project was worth thirty-five million nine hundred and sixteen thousand nine hundred and fifty-five Dalasis but that again the council informed the GPPA in a contract document forwarded in August, 2022 that the council’s KEPT project was signed with BAJAM Enterprise Limited for the construction of municipal library worth 32 million for a period of 12 months.

Mr. Sanyang testified that he doesn’t know why a discrepancy in the amount exists but believes that the council must have gone in for negotiation. However, he said that the negotiation report should have been submitted to the GPPA.

“The minutes of the negotiation should also have been provided,” he said.

When lead counsel Cox asked if the construction of the municipal library was completed as the time was due, Sanyang said he didn’t know, but he would verify and get back to the commission.  

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