Security firms, municipality in tender squabble

A group of disgruntled security companies has approached the court in a bid to have a tender at the Mokgalakwena local municipality scrapped and re-advertised because of irregularities.   

The applicants claim the Limpopo municipality appointed three companies before the adjudication process, which normally takes up to 120 days, could begin. The window period is to allow the adjudicating panel to shortlist the best service providers before making the final appointment.

On Tuesday three companies that fall under the Mokgalakwena security forum asked the Limpopo High Court in Polokwane to interdict the tender procurement process. 

Companies listed in court papers as applicants include MBJ Security Services & Projects, Enabile Armed Response and Epholeleng Security.

All three had been rendering security services at the municipality by the time the tender was advertised on September 28 and their contracts were terminated on October 10.  

According to Malesela Jack Bepela of MBJ Security & Projects, the owners of the aggrieved companies raised issues with the process on October 5 because the tender document itself was riddled with mistakes.

Bapela said the municipality insisted on proceeding, adding that they were surprised to discover that the tender was awarded to four companies before the official closing date for submission on October 24.

In his founding affidavit filed before the court, Bapela accuses the municipality of including requirements that would unfairly exclude their companies.

“The exclusion is patently unfair to the applicants who operate entirely in the security industry,” he said.

Bapela said they were opposed to their contracts being terminated but demanded a fair bidding process.

“The applicants do not contend that their services should not be replaced through new procurement. But that the procurement process should be fair, rational and constitutionally compliant. We contend that the termination be carried out fairly and procedurally,” he said. Bapela told Sowetan they would be heading back to court next week.  

But the municipality’s lawyer Maake Popela said the case had been struck off the roll because it lacked urgency. “There is no case according to us but it is up to them what they do going forward. We will oppose,” Popela said.

In its answering papers the municipality denies allegations of unfair exclusion, adding that proper evaluation criteria were required of them.

“None of the applicants, nor other tenderers are excluded in respect of the criteria mentioned,” it said.

The municipality further argued that the matter had been set down for November 1 but it was served with papers only on October 25,  which was unfair.

mahopoz@sowetan.co.za