The City says systems are in place to ensure that security at a number of council sites continues without interruption after the Appeal Authority decision to revoke a security services tender.
A total of 27 appeals were made against a tender awarded in December 2023 and January 2024 over the provision of security services at various council facilities, patrol routes and adhoc sites.
Among the security service companies that lodged an internal appeal was Sechaba Protection Services Western Cape (Pty) Ltd which was not recommended for the award based on pricing ranking.
In a letter seen by the Cape Times, attorney for Sechaba, Mark Hess had called for the decision to award the tender be set aside.
“The tender submissions of the other successful companies were illegally under-priced.
“The private security industry is regulated. There are also pricing guidelines which are applicable. Our clients priced according to the legally applicable standard. Our clients also priced in accordance with the tender submission’s requirements. However, the successful bidders did not follow our clients’ route and have not complied with the legal standards and or the tender submission’s requirements,” said Hess.
In a responding letter, City manager Lungelo Mbandazayo in his capacity as the Appeal Authority said the Appeal Authority found that the City’s Supply Chain Management Bid Evaluation Committee relied on evaluation criteria not forming part of the tender document to evaluate price.
“This resulted in a flawed evaluation of the tender and the appropriate remedy was to revoke the tender in its entirety,” he said.
City spokesperson Luthando Tyhalibongo said: “The Appeal Authority revoked the decision of the Bid Adjudication Committee, and as such the Bid Evaluation Committee (BEC) must reconsider the situation.
“The security contract(s) have not been cancelled and services have not been withdrawn. Until such time as the BEC has come to a conclusion, no further information is available as to whether that tender will be re-awarded or re-advertised.”
Hess, who also represented three other security companies that also lodged internal appeals, said his clients welcomed the decision of the City’s Appeal Authority to revoke the tender in its entirety.
“In the event that my clients’ appeals in terms of section 62 of the Municipal Systems Act were not upheld, my instructions were to approach the Western Cape High Court to review the City’s decision on an expedited basis. My clients’ contention was that the City’s evaluation of pricing was flawed and therefore reviewable.
“All the incumbent service providers will continue to provide their services to the City until a new tender is implemented,” he added.
Cape Times