By Mama A. Touray
The ongoing local Government Commission of Inquiry, after concluding the hearing on the compliance review reports by the Gambia Public Procurement Authority (GPPA) on the local government councils, has on Monday reviewed KanifingMunicipal Council’s municipal bus service.
The Commission commenced hearing on major procurement transactions of councils and the first procurement transaction reviewed was the Kanifing Municipal Council’s Bus Service of 2020.
In his testimony on the bus service, Ebrima Sanyang, the Director of Procurement Policy and Operations said the procurement of the buses was meant for bus services within the municipality, but the records showed that KMC wanted an entity to provide the buses and do the services.
He added that KMC indicated that they have the funds available for the procurement and documents were signed by NyimaCamara, Sheriff Njie, and Jaja Njie.
“The total cost of the KMC bus service was One Hundred and Seventeen Thousand One Hundred and Thirty-Four Thousand Dollars ($117,134) equivalent to One Hundred and Seventy Million One Hundred and Thirty-Four Thousand Dalasi (D170, 134,000)” Sanyang disclosed to the commission.
According to him, Kanifing Municipal Council claimed that the procurement was open for both national and international bidders. When asked by the commission to provide proof from the whole file evidence to show that international bidders were invited, Sanyang searched the file and informed the commission that he did not see any proof to substantiate KMC’s claim that international traders were invited.
KMC contracts committee meeting of 21 November 2019 he told the commission showed that they should go for restricted tender. But KMC wanted to use an Expression of Interest (EOI) to shortlist the suppliers.
Sanyang queried the idea of using expression of interest in this procurement process.
“If you say you are going to open it to international tender, why do you need EOI (Expression of Interest)?” Sanyang asked rhetorically while telling the commission that KMC wrote to GPPA on 25 November 2019 seeking approval of the procurement. GPPA wrote back to KMC asking them to open the tender and make it more competitive. GPPA approved the bidding to be done using Open Tender and for the bidding documents to be Open Tender.
The bidding document he said indicated that it was a Request for Proposal “There is no evidence of Open Tender in this transaction,” he disclosed.
Sanyang said this was contrary to the approval of GPPA, which approved the use of open tendering.
Sanyang however testified that GPPA has a form (Form 013) for Open Tender and it has developed an evaluation form, and that KMC was obliged to use that form.
He said Chief Executive Officer (CEO) Sainabou Martin Sonko, Dawda Barry, and Deputy Mayor Musa Bah signed the bidding documents. TK Motors, GTSC, TK Exports, and Noflaye were the companies that bid.
He continued that the omission that KMC wrote to GPPA on 15 June 2020 informing them that the contract was awarded to Noflaye as the successful bidder.
The witness said GPPA does not do an evaluation, but they do verify how decisions were reached by councils.
GPPA raised concern in their document that KMC did not indicate the specification as to the type of buses they wanted as required. GPPA also stated that the evaluation report was not detailed as it did not capture the strength and weaknesses of each of the bidders.
The Commission asked Director Sanyang the base for approving the contract when the documents submitted by KMC did not show any specification of the type of buses they wanted and it also did not show how the award decision was reached by showing the strength and weaknesses of the different companies that bided for the contract.
Lead Counsel Yakarr Cox asked the witness if he has approved it “they would not have gone ahead with the contract,” and the witness responded, “Yes, our role is to observe”.
“I am sorry, Mr. Sanyang, your role is to approve,” Counsel Coxx said.
“Yes,” Sanyang said.
“You said the evaluation report was not detailed enough. How can you approve?” Counsel Coxx asked.
Sanyang replied “Maybe, the person who approved was satisfied with other things in the document,”
Sanyang said the bid security is 2% of whatever amount that is bided and must be in place before a company is awarded a contract. In this case, he said KMC awarded a company Noflayethe contract without providing bid security and that the approval he told the commission was wrong.
