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The court said on Tuesday the application was not urgent and noted that the disgruntled security companies did not follow procedures in their application, as they did not give the court documents to consider the merits of their case. The application was dismissed with punitive costs against Mabotwane Security Services, Brown Dogs Security Unit and Letona 6 Security.
Matumane overruled the committees after TSS scored the highest points in all the bids for the four clusters and its charge was the lowest. The bid committees split the tenders among the four companies because the tender conditions stipulated that each company would be awarded one cluster. However, each company was allowed to bid for all four clusters, which TSS did and scored the highest points in all four.
They also demanded that the bid evaluation and adjudication committees’ decision to award Cluster 1 to Tubatse Security Services for R77.9 million, Cluster 2 to Mabotwane , Cluster 3 to Brown Dogs and Letona be sustained.The tender award in favour of TSS deviates from the tender condition that four separate security companies would be appointed. The second respondent did not have the authority to make a tender award that deviates from the recommendation of the bid adjudication committee .
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