Emergency Procurement 1

A Procuring Entity (PE) sought guidance as follows:

1. The PE issued a tender on the GOJEP platform for the supply of air-conditioning units for its departments. This procurement was conducted as a goods procurement, as no installation services are required. Three suppliers were invited to participate, as the estimated contract value falls within the threshold for restricted bidding.
2. Subsequent to the issuance of this tender, the PE encountered an emergency situation at its Head Office. The central air-conditioning system that cools the various departments and offices failed and is currently non-operational. Discussions with the landlord indicates that the system cannot be repaired in the short term, as the replacement components would need to be imported, resulting in a delay of several months.
3. In light of this development, the PE is now considering the supply and installation of ten (10) split air-conditioning units for the Head Office. This procurement would be treated as a works procurement and justified under Section 25(1)(d) of the Public Procurement Act, 2015, due to urgent health and safety concerns. Staff members have reported adverse health effects, including asthma attacks and headaches, arising from prolonged exposure to poor air quality.
4. The PE’s primary concern is whether proceeding with this emergency procurement would be considered as splitting, given that a separate tender for air-conditioning units is currently active. If this is so, the PE sought guidance on the appropriate course of action.
5. Further clarity was also provided by PE that the Head Office’s air-conditioning has malfunctioned in the past.