By Mohamedj.bah@awokonewspaper.sl
Freetown, SIERRA LEONE – The Independent Procurement Review Panel (IPRP) has concluded its investigations and ruled against the Free Education Project Secretariat (FEPS) for non-compliance with the country’s procurement laws in the procurement of specific tasks.
The legal ruling and decision stem from an appeal brought before the Independent Procurement Review Panel by Tiwai in December 2023, concerning the Memory Masters against the Free Education Project.
According to the Panel’s verdict, the complaint against the power of attorney is deemed inapplicable as the procurement did not call for a joint venture business but a sole proprietorship. The Panel emphasized that “a legal person cannot obtain a power of attorney for itself to act on its behalf.”
Additionally, the Panel acknowledged that the issue of the validity of receipts from the National Revenue Authority (NRA) and National Social Security and Insurance Trust (NASSIT) exposed various illegalities within the involved institutions, including the Independent Procurement Review Panel. The ruling stated, “Any decision based on illegalities voids any initial decision.”
As a consequence of these findings, the ruling includes the cancellation of the procurement RFB No: SL-MBSSE-381825-GO–RFB due to unlawful actions throughout the entire process. FEPS is directed to re-advertise the bid within one week, publishing it through its website and two widely read newspapers.
Moreover, all bids must be publicly opened and assessed with the National Public Procurement Authority (NPPA) and the IPRP present. The procurement committee is mandated to assess and decide within one week after the bid’s opening. A detailed ruling will follow to provide more information and clarity on the decision.
The Panel clarified that the ruling addresses specific legal and procedural issues related to the procurement process, aiming to ensure fairness and legality in the bidding and procurement procedures. MJB/27/2/2024