The project for which BBC submitted its request for open tender was the fencing of the Mile 2 dump site, installation of a security gate and construction of an access road leading to the inner part of the Mile 2 prison.
According to Sanyang the witness, on 29 November 2022, BCC wrote a letter to his institution requesting approval for open tender, stating: “The BCC secured some funding from EU-Ostend City Link Banjul Project and intend to use part of the funds for the construction of perimeter fencing, installation of a security gate and construction of access roads leading to the inner part of the Mile 2 dumpsite. In this vein, we have conducted market research and the findings suggest there are few suppliers available in the market capable of fulfilling this particular procurement. Therefore, we kindly request open tender to proceed with the procurement.”
Asked whether there was a need to identify suppliers and market research when requesting for open tender method, he said it was not necessary, stating that when such was done, it won’t have any negative impact on whatever they wanted to do.
The witness further confirmed that there was no evidence of advertisement for the procurement, citing that the evidence submitted didn’t indicate in which newspaper it was published and the date.
Sanyang also said that there was no further evidence or clarification on the evidence of the advertisement. He added that on their evaluation report, BCC stated that the bid was advertised in three newspapers without mentioning names, indicating that three companies bought the tender documents and that only one submitted on time. “There was no name of those two bidders who didn’t submit on time,” he said.
Counsel Gomez asked the witness if the granting of the approval by the GPPA was not premature after the lack of many unanswered questions on the process and the manner in which the bidding was done. In response, the witness said he could conclude that “the approval from the authority was premature”.
Sanyang couldn’t ascertain the state of the contract that was to be completed within five months after the project approval on 15 December 2022 by GPPA. He also confirmed there was no notification of an award of the contract after the approval.