The Bid Protest Committee (BPC) has ruled in favour of Puran Brothers Disposal in the Cevons Waste Management challenge of the 1 million one-year contract for the supervision of the Haags Bosch Landfill site.
According to the Communities Ministry, the full decision by the BPC has not been released since the Ministry awaits the outcome of a court ruling which is pending in relation to the signing of the contract with Puran Brothers Disposal Inc.
Haags Bosch Landfill site
Cevons Waste Management had moved to the High Court to have the decision of the Ministry quashed, since they claim it is unfair. The company had moved to the court even though it awaits an order on payment of fees from the BPC, which it also approached to review the contract award.
The company has contended that the Ministry awarded the contract although it was aware their disapproval, which is a complete infringement of the Procurement Act. The company is asking the court to direct Communities Minister Ronald Bulkan and Permanent Secretary Emil McGarrell to show cause why an Order or Rule Nisi of Certiorari should not be issued to quash the decision to award the contract to Puran Brothers Disposal Inc on the grounds that it was unfair.
Cevons is also seeking an order directed to Bulkan and McGarrell to show cause why an Order or Rule Nisi of Certiorari should not be issued to quash the decision to execute the contract, as well as an order to suspend or terminate the contract and an order for setting aside the valuation made by the valuation committee and for a re-evaluation of the Cevons and Puran Brothers bids.
It is also seeking an order to prevent any continued payment to Puran Brothers.
However, according to the Ministry, the BPC on Friday issued a ruling in the appeal by Morse Archer and Ivor Allen of Cevon’s Waste Management Inc against the decision to award a contract to Puran Brothers Disposal Inc for the management of the Haags Bosch landfill.
It stated that a nine-page decision was handed down by Chairperson of the Bid Protest Committee, Attorney Joann Bond on September 30, 2016.
“A written ruling was issued to all the parties involved and the committee expressed gratitude to Cevons Waste Management Inc for following through with the process. The procuring entity has since been advised to continue with the procurement process,” it added. Cevons is contending that the Evaluation Committee improperly assessed the bids and used an evaluation that was inconsistent with the criteria set out in the tender documents.
According to the Ministry, Cevon’s based his claim for a review on four main arguments: technical competence, low price, operation methodology and past performance all of which were addressed in the ruling.
