ONGOING construction on the University of Fort Hare’s 2000-bed student village at its Alice campus hangs in the balance after an unsuccessful bidder for the R400-million tender yesterday sought to interdict further work on the project.
Equicent Eastern Cape Developments is seeking to review UFH’s decision to award the tender to a joint venture company Asag/Isondlo.
In the meantime, it wants the Grahamstown High Court to interdict any further implementation of the tender.
In court papers, Equicent is scathing about the university’s process leading to the award of the tender to the joint venture.
Its director Mazwi Yako says in an affidavit that the university had been secretive, irregular, unfair, unlawful and unreasonable on every level.
He said the university’s Bid Evaluation and Bid Adjudication Committees BEC/BAC had recommended to the university council in November last year that Equicent be awarded the tender.
The council took a resolution to award the tender to Equicent but insisted that certain concerns be investigated, including the relationship between Equicent EC and its national entity and the need to negotiate the price downwards.
But the company had never been approached about these concerns or informed of the award.
Instead, Yako says vice-chancellor Mvuyo Tom convened a council meeting in December and it had been decided to deviate from the original evaluation criteria meaning all bids, including Asag/Isondlo, qualified for functionality.
The BEC and BAC processes started afresh.
At the end of the new process the BEC determined that ASAG/Isondlo had obtained the highest points.
But in March this year, the BAC again recommended Equiscent be awarded the contract because it considered ASAG/Isonldo’s price to be unrealistically low which could result in project failure.
But Yako said Tom took the view that the BAC’s recommendations differed from the reconstituted BEC and recommended council instead approve ASAG/Isondlo.
Yako says the VC’s arrogation of council’s powers by effectively changing its former was manifestly unlawful.
“The VC appears to have been instrumental in thwarting the appointment of Equicent both outside and during council’s discussions.”
The successful bidders Asag/Isondlo, yesterday argued that if an interim interdict was granted much stood to be lost.
Advocate Willie Duminy, SC, argued that the joint venture had already completed work worth some R21-million which was now payable.
Advocate Richard Quinn, SC, for the university yesterday argued that Equicent had bid R80-million more than the university’s total budget for the project.
The matter was still being argued late yesterday afternoon.
Losing bidder challenges UFH village R400m tender in court
Equicent Eastern Cape Developments is seeking to review UFH’s decision to award the tender to a joint venture company Asag/Isondlo.
In the meantime, it wants the Grahamstown High Court to interdict any further implementation of the tender.
In court papers, Equicent is scathing about the university’s process leading to the award of the tender to the joint venture.
Its director Mazwi Yako says in an affidavit that the university had been secretive, irregular, unfair, unlawful and unreasonable on every level.
He said the university’s Bid Evaluation and Bid Adjudication Committees BEC/BAC had recommended to the university council in November last year that Equicent be awarded the tender.
The council took a resolution to award the tender to Equicent but insisted that certain concerns be investigated, including the relationship between Equicent EC and its national entity and the need to negotiate the price downwards.
But the company had never been approached about these concerns or informed of the award.
Instead, Yako says vice-chancellor Mvuyo Tom convened a council meeting in December and it had been decided to deviate from the original evaluation criteria meaning all bids, including Asag/Isondlo, qualified for functionality.
The BEC and BAC processes started afresh.
At the end of the new process the BEC determined that ASAG/Isondlo had obtained the highest points.
But in March this year, the BAC again recommended Equiscent be awarded the contract because it considered ASAG/Isonldo’s price to be unrealistically low which could result in project failure.
But Yako said Tom took the view that the BAC’s recommendations differed from the reconstituted BEC and recommended council instead approve ASAG/Isondlo.
Yako says the VC’s arrogation of council’s powers by effectively changing its former was manifestly unlawful.
“The VC appears to have been instrumental in thwarting the appointment of Equicent both outside and during council’s discussions.”
The successful bidders Asag/Isondlo, yesterday argued that if an interim interdict was granted much stood to be lost.
Advocate Willie Duminy, SC, argued that the joint venture had already completed work worth some R21-million which was now payable.
Advocate Richard Quinn, SC, for the university yesterday argued that Equicent had bid R80-million more than the university’s total budget for the project.
The matter was still being argued late yesterday afternoon.
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