The Tribunal struck out Tijos Investment Ltd’s procurement review application after finding its bid validity had expired and it no longer had locus standi.
The Tribunal found that the applicant had locus standi as its rights were adversely affected by the Accounting Officer's omission to request extension of bid validity and bid security, a mandatory requirement under section 89(6) of the Act. The procurement process ended upon expiry of bid validity on 31st December 2021, and the Accounting Officer's decision communicated on 4th January 2022 was invalid, having been issued outside the statutory ten-day period. Consequently, no contract could be legally entered into based on the expired procurement process. The Tribunal declined to order retende…
The Tribunal found that the Accounting Officer failed to comply with the mandatory requirement under section 89(6) of the Public Procurement and Disposal of Public Assets Act to request bidders to extend bid validity and bid security upon receipt of an administrative review application. This omission led to the expiry of bids and bid securities on 31st December 2021, thereby terminating the procurement process. The Tribunal held that the Applicant, having participated in the procurement and been affected by the Accounting Officer's omission, had locus standi under section 91I(1)(b). The subse…