THE Zambia Public Procurement Authority has with immediate effect permanently barred Emitach Enterprises Limited and its directors from participating in public procurement in Zambia, for failing to fulfill contractual obligations without any reasonable cause or excuse.
According to ZPPA principal public relations officer Laura Mushaukwa-Hamusute the firm had been permanently debarred.
The exclusion, she stated, was pursuant to the provisions of Section 67 of the public procurement Act No. 12 of 2008.
“In exercise of the powers vested in the Authority under Section 67 of the public procurement Act No. 12 of 2008, be advised that Emitach Enterprises Limited and its directors, Mr Chao Mbewe, Mr Boniface Chirwa and Ms Emeldah Mutinta Mutafu of Suite 1, 1st floor Exchange Building, Farmers House, Cairo Road, Lusaka have been permanently debarred from participating in public procurement in Zambia for failing to substantially perform contractual obligations without any reasonable cause/excuse,” Mushaukwa-Hamusute stated.
She added that all procuring entities were therefore expected to enforce the debarment by not awarding contracts to Emitach Enterprises Limited and its directors or selling or issuing solicitation documents to them.
She stated that procuring entities were further directed to not have any dealings with Emitach Enterprises Limited, except in respect of existing contracts placed prior to the debarment.
“The debarment includes any successor in interest which employs or is associated with the directors of Emitach Enterprises Limited,” Mushaukwa-Hamusute stated. “It is important to note that the debarment does not in any way limit Emitach Enterprises Limited and its directors from performing outstanding contracts that were entered into prior to the debarment.”
She further indicated that the ZPPA was mandated under regulation 168 (3) of the public procurement regulations to publicise all its decisions on debarments and suspensions of suppliers or bidders.
She stated that the Authority was encouraging procuring entities to report all erring suppliers and contractors, in line with the provisions of the public procurement Act and the public procurement regulations.
“ZPPA further warns all contractors and suppliers to ensure that they fulfill their contractual obligations or risk facing sanctions,” stated Mushaukwa-Hamusute.
According to Section 67 of the public procurement Act No. 12 of 2008, a bidder or supplier could be permanently barred from public procurement on account of misconduct relating to the submission of bids, including corrupt, fraudulent, collusive or coercive practices, price fixing, a pattern of underpricing of bids and breach of confidentiality, among others.
Other reasons are substantial non-performance or under-performance of contractual obligations, conviction of a criminal offence relating to obtaining or attempting to obtain a contract or sub-contract and conviction of a crime related to business or professional activities.