The Independent Procurement Review Panel (IPRP) has concluded its investigation into a procurement matter involving the Projects Fiduciary Management Unit (PFMU) and has referred its findings to the Anti-Corruption Commission (ACC) for potential prosecution.
The decision follows an appeal lodged by Smart Network Solution SL, LTD and Computer Shop against the PFMU’s handling of a bidding process.
The appeals, dated February 12th and 17th, 2025, challenged the decision of the Technical Bid Evaluation Committee and the Bid Report at the PFMU, which was tasked with procuring equipment for the Bank of Sierra Leone Data Centre (NO.SL-MOFED-328218).
The procurement, advertised on October 19th, 2024, involved funds provided by the World Bank to the Government of Sierra Leone for the Supply, Delivery, Installation, Integration, and Configuration of Active and Passive Equipment (Lot 1 and Lot 2).
Both Smart Network Solution SL, Ltd and Computer Shop submitted bids and participated in the bid opening on November 19th, 2024. Subsequently, both companies were informed by the PFMU that their bids were unsuccessful, citing reasons that their proposals did not meet the specified requirements for the most responsive bidders.
Smart Network Solution SL Ltd contested the PFMU’s interpretation of their submitted reference letters, arguing that a joint venture reference letter was misconstrued. They further highlighted a reference letter from Techno IT in Liberia for a successfully implemented data centre project that they claimed surpassed the required threshold.
Computer Shop challenged the PFMU’s assertion that they failed to submit proof of personnel certificates, stating that no such clause (ITB 34.4) existed in the bidding document. The IPRP noted that during its investigation, the PFMU failed to respond to these specific allegations.
The IPRP expressed its dismay at the PFMU’s conduct, noting the entity’s failure to submit requested documents despite being granted an extension. The PFMU cited the “bulky” nature and “sensitive information” contained within the documents as reasons for the delay.
The Panel, however, emphasized its mandate under the Public Procurement Act of 2016 to investigate procurement irregularities. The IPRP further stated its disappointment with the PFMU’s apparent disrespect, which it believes undermines public trust.
The IPRP held a hearing to provide both appellants and the respondent (PFMU) an opportunity to present their cases. Notably, the PFMU failed to appear at the hearing. Both appellants presented their cases, and clarifications were provided by the panelists.
Following extensive deliberations, the IPRP made the following key decisions:
- The Technical and Financial aspects of the Complainants’ bids were not evaluated by the Procurement Evaluation Committee.
- The technical part of the Complainants’ bids shall be evaluated by a new committee, which must consist of representatives from inclusive monitoring stakeholders (including the beneficiary institution, Ministry of Finance, World Bank Representative, NPPA, etc.) and must exclude any member of the previous evaluation committee.
Furthermore, due to the PFMU’s failure to cooperate and the serious concerns raised during the investigation, the IPRP has decided to refer its findings to the Anti-Corruption Commission (ACC) for further investigation and potential prosecution.