Alliance Media Ghana Limited, a South Africa-owned company operating advertising concessions at the Kotoka International Airport (KIA) in Accra, whose contract has been revoked by the management of the Ghana Airport Company Limited (GACL), has finally sued the latter, together with Speedmasters Limited, a new company billed to take over the advertising concessions from the plaintiff, effective tomorrow, September 1.
According to Alliance Media, the GACL had acted in contravention of the Public Procurement Act, to the extent that it paved the way for the second defendant, Speedmasters, to be in gross violation of the same Act, and the terms of the request for proposal.
The company is therefore, praying the court to give an order of mandamus, to compel the GACL to award its advertising concession on contract to the plaintiff, for being the best offer and responsible tender.
In the statement of claim filed by solicitors from Regal Manner Chambers, Alliance Media, which indicated that it had followed the due processes, with regard to the tender documents, is praying the court for a declaration that documents presented to the GACL by Speedmasters, were falsified, and that the GACL, the first defendant, erred in law, and breached the terms of its request, by not disqualifying the 2nd defendant from the tender process conducted by the GACL.
The plaintiff is also seeking a declaration that by the nature of its registered business objectives, the 2nd defendant was barred in law from participating in the tender process organized by the 1st defendant.
Further, the plaintiffs seeks for the declaration that the 1st defendant erred in law and failed to exercise its discretion properly when it purported to appoint the 2nd defendant to manage its airport advertising concession.
According to the plaintiff, it is demanding an order directed at the procurement board, to debar the 2nd defendant from participating in any disqualifying the 2nd defendant from the tender process, for submitting a document containing false information for purposes of qualification.
The lawyers for Alliance Media are, in addition, demanding a declaration that the 1st defendant erred in law, by not disqualifying the 2nd defendant from further participating in the tender process, on the grounds that information it submitted on its qualifications, was materially inaccurate, or materially incomplete.
“A declaration that the bid submitted by the 2nd defendant not being a responsive tender, for failing to conform to the requirements set out in the tender invitation documents ought to have been disqualified, and not rejected, by the first defendant,” it noted.
In earlier publication, the directors of Alliance Media claimed they were being pushed out of business, because, they came in during the previous New Patriotic Party administration. The minister for transport, Mr. Mike Hammah attempted to settle the issue but his efforts seem to have come to nought.
Source: The Chronicle/Ghana
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