ENetSuD in a statement on Sunday by its Press Secretary, Saeed Tijjani, noted that the contract violates the Kwara State Public Procurement Law 2018; adding that its claim can be substantiated with at least two among so many infractions in the said contract award.
A group under the umbrella of the Elites Network for Sustainable Development (ENetSuD) has faulted the award of contract for the supply of 35 BelTransfo Transformers to the Best International Energy Services Limited by the Kwara State Government.
ENetSuD in a statement on Sunday by its Press Secretary, Saeed Tijjani, noted that the contract violates the Kwara State Public Procurement Law 2018; adding that its claim can be substantiated with at least two among so many infractions in the said contract award.
According to ENetSuD, “The award of the contract violates Section 31 of the Law, which mandates Open Competitive Bidding for procurement of works, goods and services by all procurement entities in the State, especially those with monetary value above N50,000,000".
It further said, “The Law defines Open Competitive Bidding to mean the process by which a procuring entity, based on previously defined criteria, effect public procurement by offering to every interested bidder, equal simultaneous information and opportunity to offer works, goods and services needed.
“However, the Kwara State Government neither advertised the said transformer contract nor subjected it to any Open Competitive Bidding prescribed by the Law, but only handpicked the Best International Energy Services Ltd without following due process under the Law.”
Similarly, ENetSuD pointed out that “The payment of 70% contract sum as advance payment to mobilise the contractor is contrary to the clear and unambiguous provisions of section 62 of the Law.
“The section states that advance payment of a National Competitive Bidding [even though the contract was not competitive whatsoever] is subject to an unconditional bank guarantee or insurance bond issued by a reputable bank or institution acceptable to the Tender Board of the Ministry or other forms of security which the Board considers sufficient to guarantee performance.”
ENetSuD argued that the spirit of the law is to ensure that a contractor brings a bank guarantee or insurance bond before any advance payment as mobilization fee is made to any contractor by the Kwara State Government.
“However, the Kwara State Government paid a mobilization fee of 70% (N138,258,750) to the contractor on 28th May, 2021 without any bank guarantee or insurance bond, contrary to the strict provision of the Law,” it said.
ENetSuD therefore called on the Kwara State Government to “abide by its laws and set a good example for citizens to also be law-abiding and ensure that all the new contracts to be awarded are in full compliance with the Procurement Law, while ongoing contracts that might have violated the Law should be revisited to ensure full compliance.”
ENetSuD also noted that it has concluded that “v iolation of procurement law is corruption that is punishable under the Law.”