The Review Committee that was constituted to preside over an administrative hearing concerning a complaint related to the procurement process at the Greenbelt Authority (GBA) has made its determination. Following a thorough investigation into the tender for the supply and delivery of 8,750 units of maize seed under procurement reference number GBA/IPDC/G/AP-INPUTS/2024/2025, the Committee has found GBA in violation of procurement procedures as outlined in the Public Procurement and Disposal of Assets Act (2017).

The case was brought to the attention of PPDA by Walusiya Investments, a bidder in the process. Following a detailed review, PPDA found that GBA altered the tender specifications and quantities without following proper procedures, including failing to notify all bidders of these changes. This violation contravened the Public Procurement and Disposal of Assets Act (2017), which mandates strict adherence to transparent and fair procurement processes.

Investigation Findings

The investigation uncovered that after the initial tender documents were issued, GBA reduced the quantities of maize seed and altered the specifications, but these changes were not communicated clearly to all participating bidders. This lack of transparency compromised the fairness of the process and gave some bidders an unfair advantage, violating the principles of competition and accountability. The Committee found GBA to be in breach of the following key procurement regulations:

• 1. Failure to maintain transparency by not issuing official notifications of changes in tender specifications to all bidders.
• 2. Failure to ensure fair competition by altering terms post-bid submission without communicating them to all interested parties.

Actions Taken

As a result of these findings, the PPDA has imposed a fine on the Greenbelt Authority for the procurement malpractice. This decision underscores PPDA's commitment to enforcing compliance with procurement laws and ensuring that public procurement processes are conducted with integrity, fairness, and transparency.

PPDA urges all public entities to strictly follow procurement laws and regulations to avoid penalties and to maintain the trust of the public. The authority will continue to monitor compliance and take action against any entity found violating the Public Procurement and Disposal of Assets Act.

Response from the Complainant

In response to the determination, Mr. Rockford C.W. Mponela of Walusiya Investments expressed his gratitude to PPDA for ensuring fairness and impartiality in handling his complaint. "I would like to thank the Authority for taking time to hear our side. As an SME, this hearing was also a learning process on public procurement issues," said Mr. Mponela. PPDA's Director General, Dr. Edington Chilapondwa emphasized the importance of suppliers following proper procedures when lodging complaints. "It is important for suppliers to follow the process to lodge complaints. The Authority is impartial and will serve both Public Entities and suppliers with integrity based on facts," he added.

Commitment to Transparency and Fairness

The PPDA plays a vital role in safeguarding the integrity of the public procurement system. Its mandate includes ensuring that all procurement activities within public entities are conducted openly and fairly to promote trust in public institutions.

"This ruling serves as a clear reminder that any breaches of procurement regulations will not be tolerated. Transparency, fairness, and adherence to the law are the core principles that must guide all procurement processes in Malawi," said the Director General of the PPDA. 

Read the determination here  https://ppda.mw/admin-review-notices