Acting MM explains R31mil security tender

Issued by Bongiwe Mnikathi

(The following press release has been published verbatim)

Following a meeting Bid Evaluation Committee which sat on the 22 February and Bid Adjudication Committee which also sat on the same date, it can be seen that the proper Supply Chain procedures were followed.

On the 28th April 2016 the Acting Municipal Manager submitted an item before Council requesting for approval to conclude long outstanding procurement matters which includes the matter in question. I attached a List of Procurement Matters to be Concluded. The List was returned to me by Council stating that the list was not clear, that it must be categorised in terms of User Departments.

Another Council meeting was convened for the 5th May 2016. I returned the list with the Procurement Items as categorised. On presentation thereof to the council it was resolved that it be withdrawn from consideration because the council could not be seized therewith it being the view of council that procurement of goods and services was an administrative matter.

Instead the council after deliberating on the issue, advised that the matters must follow all procurement procedures by the administration and once all processes had been exhausted and the matters were ready for an SLA (Service Level Agreements) to be signed with the Awardee that only then must I return it to the Council for approval. The council reaffirmed that in terms of section 117 of the Municipal Systems Act the councillors are prohibited from participating in the tender process, that is, Bid specification, Evaluation, Adjudication and final award. Theirs is an oversight role- see section 6 MFMA (Municipal Finance Management Act). I am still at that process and no SLA has been signed or presented to the Council for approval.

I do not sit in the Specifications Committee which attends to the Advertisement of the Bid, nor am I part of the BEC (BID Evaluation Committee) which recommends to the Bid Adjudication Committee which then decides on the winning bid and recommends the winning bid to me. Then once I have ensured all protocol observed, I authorise for the writing of a letter of notification to award and await objections and if that period for objection expires a letter of appointment is issued. It is after all this then that an SLA is prepared for approval by the Council and when I returned to them on the11/05/2016 (please confirm the date) I was complying with the process for the council to approve before the signature of the SLA.

The provision of my personal security was authorised by the Council after proper consideration of the risk posed to my personal safety and it was resolved that VIP security be sought from existing service providers – Sharks Protection Services and ADM Group both providing security to the municipality. Quotations were sought from a number of service providers and it was found that ADM does not provide VIP protection services whilst thee other service provider proved too expensive compared to Sharks Protection Services who ended being awarded the contract further to that the Chief Financial Officer advised that the price of the recommended bidder was reasonable.

With regards to both the need for the bid for security services and Municipality car lease service contracts, these were presented on the list dated 5th May 2016 for the following reasons:

1. Municipality Security Services and Car Leases Contract

It was observed that both Sharks and ADM were operating on a month to month basis their contracts having expired on or about April 2015 and October 2015 for ADM and Sharks, respectively.

My office had no choice in embarking on the tender process since all other committees in the municipality had concluded all they had to do regarding the procurement of guarding services and it was all left to my office to see to the conclusion of the process.

It was on that basis that I took the matter before council for approval on the 28th April 2016 and 05/05/ 2016. I have been advised and verily believe that Mr Heyns from the DA in conclusion of the meeting dated 5th May 2016 voiced a view which was accepted by all that in terms of section 117 of the Systems Act the councillors should be cautious in involving themselves in what was an administrative function-specifications, consideration and evaluation and adjudication of tenders. He, together with councillor, Sibiya eloquently implored all to let the administration do all there was to be done and once all was done for me to return to them for their approval for signature of the Service Level Agreement (SLA). There is no SLA that has been prepared and I am still to approach the Council with an SLA for signature.

Consequently, I have not signed or awarded any contract in respect of the services in question. I am still awaiting to approach the council for their exercise of their oversight responsibility and in my case, approval for signature of the SLA’s.