The Grahamstown High Court has ordered Ndlambe Municipality to hand over its record of decision and other documents relating to the award of a tender to build an emergency RO plant on the banks of the Kowie River.
Durban-based MEB Energy, the losing bidder in the tender, has pressed ahead with its application for review of the tender award to Cape Town-based Quality Filtration Systems (QFS).
This follows after MEB lost its case for a restraining interdict against the tender award, pending review.
In his decision today, May 20, Judge Malusi also ordered Ndlambe to hand over QFS’s complete bid and all annexures thereto; all checklists for bidder compliance; all scoring sheets; proof of the technical expertise of the people who scored the bids; all minutes and reports of the bid adjudication committee and bid evaluation committee and all documents served before them; all documents proposing, authorising and relating to any deviation from the municipality’s ordinary supply chain management policy, including a deviation from 85 points for functionality to 80 points; and a copy of the service level agreement, or proposed agreement, between Ndlambe and QFS.
Ndlambe has to hand these documents over by May 26 and make them available digitally by May 29.
The other respondents in the case are the department of water and sanitation and the Eastern Cape department of cooperative governance and traditional affairs.
The review application is set down for hearing on June 18.