Supreme Court: Status Quo Around Contract of Rs 800 Million for diesel NTC
24 April 2013 - Défi Media Group
Vivo Energy Mauritius Ltd asked the Supreme Court to review a decision of the Independent Review Panel (IRP), which rejected a challenge to the company about the allocation of a contract for fuel for Rs 806 million in Indian Oil ( Mauritius) Ltd. Monday, SPJ Keshoe Parsad Matadeen extended the freeze panel decision.
The Supreme Court has extended on Monday the temporary freezing of a decision of the Independent Review Panel (IRP) on the major contract for diesel deposits of the National Transport Corporation (NTC). This follows a request for judicial review lodged by Vivo Energy Mauritius Ltd. Roche-Bois.
The company claims to have submitted the most competitive bid and added that he proposed the highest discount per liter of diesel. However, the company says, the NTC would have advised that it is the supply of Indian Oil (Mauritius) Ltd has been chosen.
Vivo Energy Mauritius Ltd said it had challenged that decision before the Independent Review Panel (responsible for deciding on disputes related to the awarding of contracts). It has made a majority decision (two against one) against the company. The chairman of the panel, Dr. Moussa Allybokus, and assessor, Esther Hanoomanjee, rejected the challenge of Vivo Energy, while former magistrate Denis Vellien, in his minority verdict, recommended the cancellation of the contract for said it, the methodology adopted by the tender evaluation committee violates the law on value added tax.
Vivo Energy estimated in its request to the assessor Vellien Denis is the only lawyer in the panel. He found the challenge of Vivo Energy justified in the circumstances.
The judicial review application was lodged on 12 April. Four days later, the judge Eddy Balancy issued an interim order freezing the panel's decision to reject the challenge to the complainant Vivo Energy. At the call of the case Monday, Senior Puisne Judge, Keshoe Parsad Matadeen, extended the decision Eddy Balancy judge until May 6, pending versions of the IRP and the NTC.
In fact, the NTC had invited four companies to submit bids for the purchase of diesel for its six depots. The offer was limited to four local suppliers. The deadline for submission of bids was December 6, 2012 at 13 h 30, the Central Procurement Board (CPB). The opening bid was made on the same day to 14 hours.
The four companies are: Total (Mauritius) Ltd, Vivo Energy (Mauritius) Ltd, Indian Oil (Mauritius) Ltd and Engen Petroleum (Mauritius) Ltd. On 11 December 2012, the CPB inform the NTC, as a result of the evaluation of bids, the Board approved the award of contract for the purchase of 20.4 million liters of diesel to Indian Oil (Mauritius) Ltd..
December 17, 2012, Vivo Energy (Mauritius) Ltd is informed of this decision in writing and lodge a protest, according to the rules of the Public Procurement Regulations 48 of 2008. On 27 December 2012, the NTC inform the tenderer aggrieved that his challenge will not be heard because it did not offer the highest discount. Hence the decision of Vivo Energy ask the IRP to review this decision.