Protector wields big broom at ConHill over ‘ sneaky ’ tender
Extra R1.6m paid on R8.8m contract
Public protector Busisiwe Mkhwebane has recommended that disciplinary action be taken against Constitutional Hill Company ’ s (ConHill) entire bid evaluation committee for allegedly irregularly awarding an R8.87m contract.
Mkhwebane found that ConHill irregularly awarded a three-year cleaning tender to Rabbi Solutions, a company with four months ’ experience instead of the five years required in the request for quotations (RFQ) tender documents.
But the economic development department has denied this in a statement to Sowetan ’ s sister publication Sunday Times Daily, saying the tender documents did not stipulate the years of experience required.
It is on this basis, among others, that we are considering taking the public protector ’ s report on legal review,” said EDD spokesperson Tsholofelo Mathibedi.
According to Mkhwebane ’ s report, in November 2017 Ndo Maleho complained that Rabbi Solutions, owned by Kedibone Senne, had been awarded a tender for cleaning services due to her close relationship with ConHill ’ s facilities and operations manager, Themba Ntuli.
Maleho complained that Rabbi Solutions ’ tender documents were completed and compiled with the assistance of Ntuli.
Maleho further complained that four months after Rabbi Solutions was established, it was awarded the tender for cleaning even though it did not have the requisite experience.
Mkhwebane found that the RFQ was irregularly and improperly awarded.
I noted that the minimum five years ’ experience requirement was waived. Rabbi Solutions did not meet the mandatory functional/technical requirements of five years ’ experience in cleaning services, contrary to the declaration by ConHill supply chain management officials.”
She said documents at her disposal indicated Rabbi Solutions was only established and registered in April 2016.
I find that this procurement process was not only compromised by dishonesty, but also lacked fairness, competitiveness and transparency, as ConHill bid evaluation committee [BEC] members improperly implied that Rabbi Solutions had complied with the standard requirements of the tender.”
Mkhwebane also found the allegations that Ntuli was personally linked to Rabbi Solutions and this amounted to a conflict of interest, were substantiated.
Evidence at my disposal indicates that the facilities and operations manager was the chairperson of theBEC and also wrote a positive reference letter for Rabbi Solutions which was used as part of the bid documents.
The CEO of ConHill should submit a progress report comprising the enforcement of the remedial action to my office within 90 working days from the date of this report.”
Senne confirmed she was aware of the public protector ’ s investigation but was not aware of the findings.
I cannot comment until I have read the full report,” Senne said.
Mathibedi said the contract had already ended and the department had been satisfied with the services.
It] was therefore paid the full contracted value of R8,878,975.80. For additional ad hoc services already contemplated in the service level agreement, [this] amounted to R1,600,338.12.
For now the findings of the public protector are being challenged by the [department ’ s Gauteng Growth and Development Agency] GGDA legal team, and we can ’ t respond as the matter is sub judice.
ConHill chief executive Dawn Robertson referred all queries, including a request for comment from Ntuli, to the GGDA.
The agency did not respond to email and WhatsApp questions sent on Tuesday morning.
Public protector spokesperson Oupa Segalwe said: “We have not received any court papers and are therefore unaware of their court challenge of the report.”