ESPPRA SUSPENDS 2 COMPANIES

 MBABANE – Two companies have been suspended by ESPPRA from participating in public tenders.

The names of the companies are known to the Business Desk, but will not be revealed for ethical reasons. One of the companies has been suspended for three years, while the other was suspended for only a year.

In the notices where the companies were notified of their suspension from public procurement where government spends over E10 billion per annum, it was explained that the companies knowingly provided false information in a tender.

“The companies showed misconduct relating to the submission of tenders, including corrupt, fraudulent, collusive or coercive practices, price fixing, a pattern of under-pricing of tenders and breach of confidentiality,” explained Eswatini Public Procurement Regulatory Agency (ESPPRA), whose Chief Executive Officer (CEO) is Madoda Mngomezulu. 

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Under-pricing, providing false information and supplying goods knowing that no order has been issued could also render tenderers and suppliers out of business for the next five years. Conviction of a criminal offence relating to obtaining or attempting to obtain a contract or subcontract and conviction of a crime related to business activities could also attract similar consequences.

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ESPPRA recently vowed to invoke provisions of the Public Procurement Act of 2011 which includes, but not limited to, suspension of suppliers in its quest to uproot flouting of procurement procedures.

 “We will now invoke certain provisions of the procurement act to ensure full adherence to the law,” warned Mngomezulu during the ceremony which was a partnership between the University of Eswatini (UNESWA) Consultancy and Training Centre (CTC) and the agency to capacitate professionals on procurement. In terms of section 55 of the act, an agency may suspend a tenderer or supplier from participation in public procurement for a period a minimum period of one year and a maximum period of five years.

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It should, however, be mentioned that a tenderer or a supplier may not be suspended prior to being provided with a reasonable notice in writing to the tenderer or supplier involved of the grounds for the proposed suspension and the details of the alleged grounds and reasonable opportunity for the tenderer or supplier to respond to the alleged grounds and provide information in its defence.

As stipulated by the law Mngomezulu also assured that a thorough investigation of the facts of the case would be undertaken prior to suspension of any tenderer. The CEO further expressed appreciation to the entities and companies that continued to comply with the law. “We are highly grateful to the companies and institutions that are compliant with the law and would like to take this opportunity to encourage them to continue doing so,” Mngomezulu emphasised.    

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