Latest update January 18th, 2025 7:00 AM
Bidders lambaste Tender Board over lack of acknowledgment letters
say Bid Protest Committee not operational, systems designed for corruption
After a survey of over 30 bidders, many have expressed their dissatisfaction with the dismissive way National Procurement and Tender Board (NPTAB) bidders are treated after submitting tenders to the agency. They never receive an acknowledgment or reply as stipulated under its rule and regulations.
“The entity does not follow its own guideline which clearly states minutes of the opening session shall be prepared and mailed to all tenderers who have submitted the tenders irrespective of whether they attended the session.” 
“The agency has no respect for tenderers, almost all persons tendering have a problem with not receiving any acknowledgment from NPTAB that they had even participated in the process or why their tender was not accepted or reasons why they did not win the respective tender.”
“Imagine someone can submit a bid for over $50M and never receive an acknowledgement letter or even a notice that they participated in the bid, much less a letter to explain why they were not chosen or awarded the contract, what type of system is this?”
Many bidders also noted that even though they may submit the lowest bid for a project and would have the necessary experience, it appears as if the system is designed for those who are willing to pay bribes to obtain a contract.
According to the NPTAB procedure manual, it states in the procurement of simple commodities, semi-finished raw materials and goods, where all offers are of similar and comparable quality or performance, and where delivery is the same for all bidders, price alone is an appropriate deciding factor. If all prices are for delivery at the same point, e.g. project site, the bid offering the lowest quoted price should be selected for award.
However, bidders fear of victimization. Some noted that on many occasions even if they are chosen for a contract they would receive a call requesting compensation for being chosen.
“People don’t want to talk about these things, but it is very real and we must give everybody a chance as long as they fulfill the criteria,” one bidder noted.
Another issue raised was the non-functioning of the Bid Protest Committee (BPC) which should comprise three members of which one is appointed by the Minister of Finance, one by the business community and one by the Attorney General. Its central role is to review bidders’ complaints for tenders above $15M. The BPC shall issue a decision within 15 days stating the remedies or awarding damages restricted to the cost incurred by the complainant in participation. The decision shall be final.
“Now since there is no BPC, the Chairman of NPTAB is responsible for this role. Obviously he cannot represent a three-member panel and a fair judgment cannot be given. Now a protesting bidder must register a complaint within three days of a contract being singed.
“Now tell me this, if not even the contesting bidders know when the contract is being signed. How can they protest the bid if the rule states that this must be done within three days? Most people who register their protest do so far after the three-day stipulation and their protests are not seen as valid,” a seasoned contractor underscored.
Under the tender board procedures, the Bid Protest Committee shall make every effort to reach its decision within 15 business days from the date of the complaint. However, this system is not in place for contactors and bidders to utilise.
All bidders that Kaieteur News spoke to noted that there is an evaluation criterion and a checklist that would either fail or pass an applicant for a specific contract. “Most of these criteria either are tailored or designed to specifically target persons who are already chosen to win the contract or are a deterrent to those who want to bid for various projects…
“And imagine at the bottom of those criteria a note is made that says the contract will be awarded to the bidder who is substantially technically responsive to the bid document and who has offered the lowest bid price. This is not the reality of what actually happens,” a bidder declared.
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