In Namibia, a company can lose a government tender and still keep the contract.
The Procurement Act lets any bidder appeal an award. Good idea. But here is the catch: while an appeal is live, the tender cannot be awarded to anyone.
So a company whose contract is ending loses the new bid, then appeals, and keeps appealing. The ministry has no choice but to extend the old contract while it drags on. They stall for as long as the extension pays more than the lawyers cost.
The same appeal protects an honest bidder and arms a strategic one.
How would you fix it?
#namibia #procurement #africa #governance #globalarbitrage