NASSAU, BAHAMAS- A Supreme Court judge has ordered the disclosure of the evaluation report tied to a disputed Bahamas Post Office contract after a local technology firm that won the $1.323 million bid challenged the transparency of the procurement process, alleging it was prevented from fulfilling its contract award.
Ronnie Ferguson, trading as Sunrise Communications, had submitted a bid to provide services for the digitisation of the Post Office. His $1.323 million proposal was accepted and a formal notice of award published; however, the defendants — The Bahamas Post Office, The Postmaster General, Gaynell Rolle (in her capacity as Acting Permanent Secretary in the Ministry of Transport and Energy), and The Attorney General — contend that the award was issued in error.
Justice Leif Farquharson, in his October 15 decision, noted: “The Defence in some respects appears to be internally inconsistent. Nevertheless, the Defendants admit that a public notice was issued confirming that the Claimant had been awarded a contract as alleged; however, they aver that this was done in error.”
The judge pointed out that key procurement records had been omitted from the defendants’ initial disclosures, despite statutory obligations under the Public Procurement Act, 2021.
“In the circumstances, and having also considered the criteria in CPR 28.6, I am prepared to order disclosure of the evaluation report required to be kept pursuant to Section 86(2)(i) of the Act,” Justice Farquharson stated. “Such disclosure is only to relate to the Claimant and his bid… If the evaluation report prepared in relation to the Claimant’s bid identifies any third-party bidders, the information in regard to such third parties may be redacted accordingly.”
The dispute stems from a $1.323 million contract to digitise the Bahamas Post Office’s services, which Sunrise Communications says it rightfully won after two competitive tenders.
In its statement of claim filed on November 23, 2023, Sunrise alleges that the Post Office and the Ministry of Transport and Energy failed to perform the requisite steps under the Public Procurement Act for the contract to be executed and awarded, even after its win was publicly confirmed. The company claimed that while no formal cancellation or suspension notice was ever issued, the Post Office began entertaining rival bids for the same scope of work.
Sunrise, whose award was among the $140 million in public procurement contracts unveiled by the Ministry of Finance in October 2023, filed suit seeking damages for economic loss. The company argues that it “had a legitimate expectation” that a formal written contract would follow its selection and publication on the government’s Go Bonfire procurement portal.
Despite winning both tender rounds, Ferguson claimed the project was “stalled” after April 28, 2023, when the award was published.
