Monrovia – A local company, ABK Incorporated, has formally protested the Ministry of Public Works’ decision to reject its multimillion-dollar bid for the supply of earthmoving equipment and utility trucks, describing the action as questionable and inconsistent with the Ministry’s own evaluation findings.
By Gerald C. Koinyeneh, [email protected]
In a letter dated August 27, 2025, and signed by Public Works Minister Roland Layfette Giddings, the Ministry informed ABK that its bid submission “met all of the qualification requirements and specifications” as outlined in the bidding documents.
However, the letter went on to declare the company’s financial proposal “not satisfactory” and “not responsive” to the Government of Liberia’s pre-financing plan — a justification the firm says lacks merit.
“This is to notify you that your bid submitted June 30, 2025, for the supply and delivery of Two Hundred Eighty-Five (285) Earthmoving Equipment and Twenty (20) Utility Pickup Trucks under IFB No. MPW/NRF/G/PROJ/RB/00/25 with a bid price of Twenty-Five Million Two Hundred Thirty-Seven Thousand One Hundred Twenty United States Dollars (US$25,237,120.00) met all of the qualification requirements and specifications required by the Ministry of Public Works as outlined in the bidding document. However, your Financial Proposal (Terms of Payment) is not satisfactory to the Government of Liberia,” the letter stated.
The letter further noted that ABK’s bid was deemed “Not Responsive” to the government’s pre-financing plan “according to the Ad-hoc Bids Evaluation Panel and approved by the Road Maintenance Committee and the Public Procurement and Concessions Commission (PPCC) respectively.”
In response, ABK lodged a formal complaint, invoking Section 125 of the PPCC Act, which allows aggrieved bidders to seek an administrative review of procurement decisions.
“We hereby lodge a complaint under PPCC Act Section 125 regarding the rejection letter we received on September 15, 2025, dated August 27, 2025, which states that our bid ‘met all qualification requirements and specifications’ but was deemed ‘not responsive’ because the Financial Proposal (Terms of Payment) was ‘not satisfactory’ and ‘not responsive to the Government’s pre-financing plan,’” the company’s management wrote.
ABK added: “We acknowledge receipt of the results of the above procurement package, referenced as follows. We have our attributed facts and circumstances surrounding the unfair evaluation process and the flaws within the bidding process of the above package.”
The company further contended that its bid contained no material deviation from the stated requirements, arguing that the rejection misapplied Section 62(9) of the PPCC Act.
ABK maintained that it possesses the financial capacity to pre-finance 100% of the contract within four months, pledging adherence to all terms and conditions outlined in the Local Purchase Order and Specific Contract Conditions.
The company listed US$20,575,000 in total assets and outlined its sources of funding:
- US$10 million as income,
- US$10 million as a bank letter of credit, and
- US$575,000 in real estate and transportation assets.
The United Bank for Africa (UBA) also confirmed ABK’s financial standing, forwarding a credit letter to the Ministry of Public Works verifying that ABK maintains active corporate accounts with the bank.
“We would like to recommend Messrs. ABK Incorporated for any legally suitable partnership venture that you may intend to undertake because the company has proven to be financially viable, reliable, and honest since inception of operations with the United Bank for Africa (Liberia) Limited,” UBA wrote.
“We confirm our willingness to support credit/financing structure requests from the company in excess of US$20,000,000, subject to satisfying the bank’s credit policy requirements, for the supply and delivery of 285 Earthmoving Equipment and 20 Utility Pickup Trucks under IFB No. MPW/NRF/G/PROJ/RB/001/2025.”
Controversy Over PPCC Chief’s Role in China Trip
The dispute has reignited debate over transparency and accountability in Liberia’s major procurement processes — especially amid concerns surrounding the China trip involving Vice President Jeremiah Kpan Koung and PPCC Executive Director Bodger Scott Johnson.
Some critics have suggested that the trip could influence procurement-related decisions tied to the “Yellow Machines” project.
In response to public speculation, Mr. Johnson clarified that his participation in the trip was purely observational, insisting that the PPCC’s role remains independent and procedural.
“Our role is strictly to observe and ensure compliance with the PPCC Act. We do not award, reject, or influence contracts — that is the responsibility of the procuring entity,” Johnson said at the Ministry of Information’s regular press briefing.
However, a FrontPage Africa legal review and consultations with procurement experts suggest that Mr. Johnson’s presence on the trip breached the Public Procurement and Concessions Act (PPCA). Experts argued that the PPCC Executive Director had no legal or ethical grounds to accompany a delegation involved in procurement-related activities, as this compromises the Commission’s independence and oversight role.
The Yellow Machines Saga Deepens
The latest twist in the “Yellow Machines” saga adds to a pattern of inconsistencies that have marred the process since its inception.
The controversy dates back to May 2024, when a US$79 million proposal for the acquisition of equipment was introduced by Minister of State Without Portfolio Mamaka Bility. The proposal drew sharp criticism from lawmakers, civil society groups, and anti-corruption advocates, who cited lack of legislative approval, transparency concerns, and inflated costs.
Following widespread backlash, President Joseph Nyuma Boakai tasked Vice President Jeremiah Koung to renegotiate the deal. Koung later announced that the cost had been reduced to US$22 million, payable over three years, and promised a more transparent process.
“This is a significant reduction in the cost of acquiring these machines,” Koung said during a town hall meeting in the United States. “We are committed to transparency, fiscal responsibility, and ensuring that every county benefits.”
But the Vice President’s trip to China in June this year reignited skepticism. According to sources, the visit was described as a technical inspection to verify the quality of the equipment and assess manufacturers’ capabilities.
Critics argue, however, that if the deal had already been finalized, such an inspection would have been unnecessary — raising questions about whether the government is attempting to legitimize an incomplete or flawed process.
Observers say the latest development suggests that the Yellow Machines deal remains unsettled, despite earlier assurances. Some lawmakers and civil society actors are now calling on the Legislature to summon the relevant institutions to provide updates on the acquisition process once lawmakers return from their constituency break.
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