At least four aggrieved fertiliser suppliers have sued the Ministry of Agriculture and Zambia Public Procurement Authority after not being considered in the latest direct tender.
The affected companies, being represented by Simeza Sangwa and Associates, were previously selected in the tender that was cancelled by ZPPA after the ministry was found to have flouted some regulations.
The companies have sued the ministry and ZPPA asking the court to stay the single sourcing process until the High Court hears and determines the matter.
They argue that they were the best evaluated bidders and the decision to cancel the earlier award and subsequently leave them out, except for Alpha Commodities plus a select, is both irrational and illegal.
They claim the two unsuccessful bidders whose complaint the ZPPA used to cancel the tender raised “specific concerns”.
They further argue that they find the ministry’s position irrational as they are considering for direct tender companies that were unsuccessful to the exclusion of the best evaluated bidders.
The matter is expected to be heard in the High Court this week.