Telkom refutes claims of tender irregularity

Telkom hit back, saying it believes that the Bloomberg article is erroneously based on the premise that an “open tender” process is the only procurement process available to Telkom when seeking to procure products or services.

So which other methods do they use? Are they confirming they can also award tenders to their friends/relatives and to strangers who are willing to pay a cut? I believe a competitive open tender is the fairest way of handling such issues
 
for a deal worth more than 50 million rand an open tender process seems apposite especially when you are selecting a foreign provider and giving them massive access to sensitive and valuable data ...
 
http://www.telkom.co.za/sites/aboutus/procurement/procedures/#.U9kAk-OSyE4

Tender Process

Telkom's tender process for purchases can be divided into the following categories,

Informal Process

This process consists of the following:

Letter/Facsimile Tenders

This type of tender is restricted to purchases for amounts not exceeding R500 000.00 (VATE). These tenders are not published in Telkom's Tender Bulletin but are faxed, posted or handed to a minimum of 3 likely bidders. To ensure an open, fair and transparent tender process, tenders close on a specific date and time. Responses may be faxed, hand-delivered or posted.

Request for Quotations (RFQ)

This is normally used in the case of a once-off purchase should this item or service not be available against an existing product/services agreement.

For comparison purposes, Telkom invites quotations from various Suppliers/Service Providers. Any business awarded on this basis must be seen purely as a once off "invitation to do business". Telkom's Standard Terms and Conditions apply.

Proprietary Tenders

This type of tender is restricted to the only (sole) supplier of a product for which there is no acceptable substitute. Telkom will obtain a fax quote from the supplier involved.

Restricted Tenders

This type of tender provides for:

Work in key installation areas where tenders are restricted to firms who have been security cleared;
The restriction of tenders to Escom, Iscor or local authorities for the provision of power to microwave towers, the re-routing of power lines, etc
The invitation of tenders from Universities, CSIR, etc. for research and development projects.
These tenders are not limited to an amount and are also not published in Telkom's weekly Tender Bulletin.

Formal Process

Formal (open) tenders are invited. These tenders are published in Telkom's Tender Bulletin on this website and there is no restriction on who may tender.

Open tenders published in the Tender Bulletin are usually held open for a predetermined period of between one and four weeks depending on the complexity and amount of work done by prospective bidders. Closing time for all tenders, bids, etc. is normally at 11:00 on the closing date. A late response is not permitted for consideration and is returned to the bidders with an explanation. Telkom, may however, in its sole discretion admit a late response.

Electronic RFX (e-RFX) process

Telkom will be inviting suppliers to respond to certain RFX's electronically (e-RFX) oppossed to the conventional manual / paper response The e-RFX process includes the following steps:

Telkom advertises the e-RFX in the Tender Bulletin : www.telkom.co.za
The supplier accesses and completes the "supplier registration document" made available on the e-RFX advert. The completed registration document is to be returned by email / fax to the contact person included in the Tender advert;
Telkom captures the supplier's particulars on the Telkom e-RFX system, whereafter the supplier can respond electronically to the Tender;
The e-RFX quick guidelines are available on the Telkom website for perusal.
View e-RFX quick Guideline

Code of Business Conduct

One of Telkom's keys to future success is to build a high-performance, values-driven culture, since the culture of an organisation is one of the principle sources of its competitive advantage and brand differentiation. Telkom is committed to conduct its business in an ethical manner based on its core values and acceptable principles.

Supplier Selection

Selection of suppliers follows an open tender or bid process, allowing all potential suppliers to compete according to a model that is fair, equitable and consistent.

Conflict of Interest

Telkom employees may not have an interest with any supplier. This includes the supply of non-public information, assistance with planning and designing of products or active involvement in marketing and selling.

Gifts and Invitations

Seasonal, congratulatory or promotional gifts may only be offered to Telkom employees on strictly appropriate occasions, and when there is no reason to doubt the bona fides of the donor or recipient. Invitations to meals, sporting events, the theatre, cocktail parties and other forms of hospitality may not be offered with a view to influencing business decisions.
As a matter of policy, Procurement Services employees are not permitted to accept any such invitations or gifts in order to maintain a professionally aloof relationship.

Favours

An offer of commission, internal or any form of gratuity, for any reason whatsoever, is totally unacceptable and will lead to serious disciplinary action.

Bribes and Irregular Offers

Telkom's policy on bribery and irregular offers which serves as a precondition to accepting a contract, is summarised as follows:

Should a tenderer, bidder or contractor have, in the opinion of Telkom, acted fraudulently, illegally, in bad faith or in any improper manner, with regard to a contract or tender, then Telkom may, in its sole discretion:

Ignore any tenders without advising the tenderer thereof
Cancel the contract without prejudice to any legal rights Telkom may have
Telkom is committed to the highest standards of integrity and any employee transgressing the principles embodied in the Employee Code of Conduct will be treated in accordance with the company's Disciplinary Code. Should any supplier disregard these guidelines or conduct affairs in a way that transgresses Telkom's Code of Business Conduct, this could seriously impair future business relations between Telkom and such suppliers.

Forwarding of Proof of Delivery (POD) Documents

Proof of delivery documents (i.e. delivery notes, waybills, written acknowledgement of receipts, signed invoices which also serve as delivery notes) are faxed or forwarded immediately to Telkom's Purchasing offices specified in the Telkom order after delivery of the goods and that;

All proof of delivery documents reflecting the following particulars are signed:

Full name of the receiving officer (in block letters);
Job title;
Signature;
Salary reference number;
Date of receipt;
Telephone number;
Section/location/office;
Condition of consignment
 
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Seems like whoever passed the info to Bloomberg did not do their homework and tackled this from the wrong angle.
 
but surely this could have been done by way of a facsimile tender I mean its 500k per lunch ...
 
Yeses ok claims smashed
No.... it just needs to be investigated from a different perspective, e.g. when did Bain start consulting and where's that proof of engagement? Was that properly approved? Because it appears that the CEO started consulting with them before he was even appointed at Telkom.
 
No.... it just needs to be investigated from a different perspective, e.g. when did Bain start consulting and where's that proof of engagement? Was that properly approved? Because it appears that the CEO started consulting with them before he was even appointed at Telkom.

which raises its own set of questions
 
Which is the crux of the matter, not what was reported by Bloomberg!

but this has been the case with all the Bloomberg articles over the last 24 months or so concerning Telkom

there is a serious need to look at the general corporate governance issues at Telkom and the failure of the company to get out of a bizarre rut on the executive front - of course there is a particular albatross around the company's neck (and essentially all large companies in SA) and were this ministry split features is probably still the cause of head scratching at HQ
 
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