Tender SC2132/2020: Supply and Delivery of Construction Material for a contract period ending 30 June 2023, was awarded by the Accounting Officer on 18 December 2020 after a recommendation by the Bid Adjudication Committee (BAC) on a BAC meeting held on Monday, 14 December 2020.

All bidders including the successful and unsuccessful bidders were informed of the final award of the tender on 21 December 2020 but was subjected to a Paragraph 49 objection period of 14 days in terms of the Municipal Supply Chain Management Regulations and a Section 62 appeal period of 21 days in terms of the Municipal Systems Act (MSA) of 21 days. The objection- and appeal periods lapsed on 04 January 2021 and 11 January 2021 respectively.

No objections and or appeals were received after the tender was awarded.

Subsequent to the award having been made and the objection and appeal period had lapsed, it came to the attention of the Supply Chain Management Department that some materials, though inadvertent and bona fide errors with regard to some items, had been incorrectly awarded.

The Municipality sought legal advice with regard to the inadvertent and bona fide errors in regard to these errors in the tender and has been advised that it is not necessary to set aside the entire tender.

All items correctly awarded and thus not affected by the errors, have been validly awarded and remain in place. No review is required for those items correctly awarded and the Municipality will procure contracts with the successful bidders as and when the services are required.

In respect of those items incorrectly awarded, the Municipality is legally compelled to approach the High Court to have the decision to award the tender set aside and will seek an interim order interdicting itself and the successful Bidders from implementing the award until the review is finally determined. The review application will shortly be issued.