Court gives green light to TBS to challenge fuel marking
DAR ES SALAAM: THE High Court, Main Registry in Dar es Salaam, has allowed the Tanzania Bureau of Standards (TBS) to challenge the nullification of tender awarded to Switzerland based Company, M/S SICPA SA, on fuel marking process.
Judge Wilfred Ndyansobera arrived at a decision after granting an application for leave to apply for prerogative orders of certiorari and mandamus against the decision given by the Public Procurement Appeals Authority (PPAA) on the matter.
“I find the application for leave is deserving of being granted and it is accordingly granted with no order as to costs. The parties are enjoined to act in accordance with the law, in particular, paragraph (b) of sub-section (2) of Section 101 of the Public Procurement Act,” he said.
The Judge pointed out that in an application for leave, all that the court looks for is whether the Applicant has sufficient interest or locus standi, whether he has an arguable case and whether he has timeously filed his action.
Having considered the law under which this application has been brought, he was satisfied that the application for leave has been made timeously, that is within six months after the date of decision to which the application for leave is sought.
“Furthermore, the applicant has met the requirement under section 101 (1) of the Public Procurement Act of 14 days period which requires an aggrieved party to file judicial review to the High Court within such time of the date of delivery of decision,” the judge said.
He was also satisfied that the TBS has established that it has an arguable case worthy of further consideration and has sufficient interest or locus standi on the matter.
The judge pointed out that TBS is enjoined to undertake measures for quality control of commodities, services and environment of all descriptions and to promote standardization in industry and trade.
He further noted that TBS also is mandated under the law to act as the custodian and an overseer of observance of the standards in Tanzania.
During hearing of the application, the TBS had explained that Illuminating Kerosene (IK), Automatic Gas Oil (AGO) and Motor Spirit Premium (MSP) to be distributed in the domestic market will not be marked the effect of which tax will not be realized, hence occasioning loss of the Government Revenues due to tax evasion.
They submitted that the Government will fail to control adulteration and dumping into the local (domestic) market of the tax exempted, smuggled and transit petroleum products.
It was urged that the general public at large (consumers) will not get value of their money when purchasing petroleum products, as they will not be assured of the quality since fuel marking program is expected to bring efficiency in monitoring and testing the quality of petroleum products from entry points down to the retail stations.
The Government will not achieve its goal of implementing a comprehensive, clear and workable regulatory framework for the development of the country’s mid and downstream petroleum sub-sector.
In the impugned decision, the PPAA nullified the tender in question after allowing in part an appeal lodged by M/s Authentix Inc, an American Company, to oppose the TBS decision of granting the tender to M/S SICPA SA.
“The Appeals Authority nullifies the (TBS) award to (SICPA SA). The TBS is ordered to re-start the tender process in accordance with the law. This decision is binding and can be enforced in accordance with section 97 (8) of Public Procurement Act,” they declared in their judgment delivered on August 11, 2023.
It ruled that TBS committed errors in law during evaluation of the tender for supply of fuel marker plastic cylinders, metal jerricans, fuel dosing system and fuel marker detection system involving three international companies, Authentix Inc, SICPA SA and Global Fluids International (T) Limited.
The Appeals Authority further held that the SICPA SA was ineligible to participate in the process for failure to disclose its litigation history, notably, the conviction of corrupt practices.
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A reading reference for building familiarity with Bitcoin vocabulary before moving into more specialized subjects.
Digital payments raise questions about control, verification and trust. Bitcoin offers one setting in which to study these ideas.
Study cryptocurrency transactions through clear definitions, concrete examples and careful attention to the network involved.
Build a clearer understanding of Bitcoin by examining how transactions, wallets and blockchain records fit together.
Study Bitcoin at your own pace, using unfamiliar terms as prompts for further reading and comparison.
A reading collection about the mechanics of digital transfers and the details that matter when interpreting transaction information.
An educational reading theme about transaction processing, including the questions behind confirmation times and fee selection.
Digital payments raise questions about control, verification and trust. Bitcoin offers one setting in which to study these ideas.
Explore the distinction between a cryptocurrency wallet interface and the keys used to authorize transactions.
A reading reference for people interested in Bitcoin and the technology that supports peer-to-peer digital transactions.
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May I just say what a relief to uncover somebody that really understands what they’re talking about on the internet. You definitely understand how to bring a problem to light and make it important. More people need to read this and understand this side of your story. I was surprised you are not more popular given that you certainly have the gift.
Can I simply say what a relief to discover an individual who really knows what they’re talking about online. You certainly understand how to bring a problem to light and make it important. More people need to read this and understand this side of your story. I was surprised that you’re not more popular given that you definitely possess the gift.
Wow that was unusual. I just wrote an really long comment but after I clicked submit my comment didn’t appear. Grrrr… well I’m not writing all that over again. Anyway, just wanted to say excellent blog!
Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog that automatically tweet my newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this. Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.
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