[2016]DLHC7332November 10, 2016High Court

LITINA TRAVEL & TOURS LTD (PLAINTIFFS) vs. NATIONAL SPORTS AUTHORITY (DEFENDANTS)

The National Sports Authority (NSA) advertised for travel consultancy services, shortlisting Litina Travel & Tours Ltd and Africa Origin Travel & Tours Ltd. Both firms were invited to tender for transporting the Ghana contingent to the All African Games in Congo Brazzaville. Litina Travel scored 86.6% on technical evaluation and submitted a lower financial bid (USD 884,485) compared to Africa Origin (46% technical score and USD 945,356). The Tender Committee recommended Litina Travel for the contract. However, the Ministry of Youth and Sports intervened, compelling Litina to partner with Africa Origin, and ultimately awarded the contract to Africa Origin. Litina protested to the Public Procurement Authority but was ignored, leading to this suit.

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The National Sports Authority (hereinafter called “The NSA”) put out an advertisement in the Ghanaian daily newspapers, Daily Graphic and Ghanaian Times, soliciting prospective consulting firms to submit their profiles in expression of interest in undertaking travel consultancy services for it for an initial five-year term. Several travel consulting firms submitted their profile to the NSA after which they shortlisted the two most eligible consulting firms, namely, Litina Travel and Tours Ltd (the Plaintiff) and Africa Origin Travel and Tours Ltd. On the 14th August, 2015, the two shortlisted consulting firms were requested by virtue of an invitation to tender with IFT No. NSA/RFP/TA/01/2015, to submit proposals to be subjected through public competitive tender process for purposes of selecting the better bidder of the two consulting firms in terms of the tender documents to be engaged as a travel agent for the NSA. The request for proposal stated that the consultant will be sele...