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What’s gone wrong with government’s tender website?

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  • PFMA compliant institutions have been obliged to publish tender information on the eTenders portal since April 2015.
  • But National Treasury’s tender portal has been redirecting to a “temporary site” since March. 
  • The Treasury told GroundUp that server “infrastructure” running the eTender system “suffered a crash caused by a technical failure”.

When trying to make sense of a story that involved a
newly-issued tender, we became frustrated when we found that the tender and its
award — which we knew had been issued — were not available on the National
Treasury’s tender website.

If you try to access the National Treasury’s tender portal
at https://etenders.treasury.gov.za/ you
will instead be directed to a “temporary site” – National Treasury – Home.

It has been this way since March.

Public Finance Management Act (PFMA) compliant institutions
have been obliged to publish tender information on the eTenders portal since
April 2015, when the Treasury
issued an instruction making the publication of advertisements, bids
and awards compulsory on their website. This instruction wrote that this move
was “key to meeting the constitutional requirement for goods and services
to be procured in a manner that is fair, equitable, transparent, competitive
and cost-effective.”

What is the cause of this failure? The Treasury told
GroundUp that server “infrastructure” running the eTender system “suffered
a crash caused by a technical failure”. Data got corrupted and the site
has been unavailable since then.

The excuse given by the Treasury for the failure of system
is the same as was given to the publication ITWeb in an 8 April report on
the crash.

The reason it has taken so long according to the Treasury is
that the e-tenders system is a complex one, and integrated with other systems
such as the Central Supplier Database. “It services many stakeholders”
we were told, and “National Treasury could not risk publishing a portal
which could not scale, which would not be secure and would not satisfy business
requirements”.

The last available cache which shows the eTenders site
functioning, from Archive.org, is from 28 February; the next cache, from 7
April, displays an error message: “Kindly note that we’re experiencing
some technical challenges with the eTenders site. Our technicians are working
on resolving the issue, however it is not clear at the moment when the system
will be available. Organs of State are advised to use alternative media
platforms in the interim to advertise tenders. Interested parties are urged to
visit websites of Organs of State for advertised bids.” Thereafter, all
attempts to reach the eTender portal are redirected to the temporary site.

But the temporary site is deficient. It is an insecure http
(as opposed to https) one. This means that it is possible for someone who
controls a part of the network between you and the National Treasury (such as
someone at an internet service provider, office IT services, or a rogue
government system administrator) to impersonate the site and display false
information. Also, it cannot be searched with any kind of ease; it does not
appear to contain all tenders; and it does not display tender awards. The
National Treasury also offers a Covid-19
specific tender reporting dashboard – this too is hopelessly
insufficient.

The Treasury told us that they are “working with
industry partners and Original Equipment/Software Manufacturers to roll out the
modernised and revamped e-Tenders in record time.”

But software developers that GroundUp spoke to were
sceptical of the reasons given and length of time taken to fix the issue. “Why
does a new solution need to be rolled out? If the data has been fixed as per
the temporary site, why not link up the old site? If it was a bug that caused
the data corruption, then that can be fixed and the old site can be used.”

Connected crises?

Other government software may be related. ITWeb reported in
March that in February, the Government Printing Works’ (GPW) eGazette
publishing system failed, with the National Tender Bulletin going unpublished
since January. According to Treasury’s regulations “bid advertisements,
bid awards and related notifications (e.g. amendments, errata, etc. to bid
documents)” relating to PFMA-compliant entities must be published in the
National Tender Bulletin.

On 19 May, during his budget speech, Home Affair
Minister Aaron Motsoaledi told Parliament that earlier this year, GPW’s data
centre “was hit by a power surge that damaged critical hardware. These
service interruptions and data loss affected the auditing process at the GPW,
frustrated the legal system of the country in that gazettes were delayed and
interfered with the social and economic system of the country.” Motsoaledi
said that this event may “not have been just an accident”. The GPW is
also responsible for the production of ID cards, among other things.

On 24 February, Estelle Setan, acting Chief Procurement
Officer at the National Treasury issued
an instruction about the “temporary” measures regarding
tender issuing that organs of state that fall under the PFMA should follow.
According to this instruction, the Treasury “received formal communique
from the GPW, dated 15 February 2021, indicating that GPW had run into
technical difficulties from the 4th of February 2021.” The instruction
invoked Section 79 of the PFMA, which says, “The National Treasury may on
good grounds approve a departure from a treasury regulation or instruction or
any condition imposed in terms of this Act and must promptly inform the
Auditor-General in writing when it does so.”

“In the interim,” says the instruction, “accounting
officers/ authorities must utilise the eTender Publication Portal, and where
deemed necessary, the institutional website or any other means until GPW is
able to publish bid advertisements and bid awards in the GTB.”

This instruction didn’t last long.

On 7 April, the National
Treasury released a statement announcing that their eTender portal had
crashed. A month later on 12 May, Setan released a
second instruction note.

According to this instruction, “During the time of 1
February to 4 March 2021, the National Treasury’s e-Tender Portal also became
unstable and was intermittently not available and finally suffered a fatal crash
on 5 March 2021.”

So the Treasury passed on the role of issuing tenders: “accounting
officers/ authorities must utilize their own institutional websites and or any
other means (printed media and/or electronic media) to publish bid
advertisements, bid awards and related notifications, until such time that
these platforms have been restored.”

But other government departments and entities that are
required to abide by the PFMA have not been very good at keeping to this
arrangement. The Department of Health’s tender page lists just one
tender for 2021. The gov.za tender
page hasn’t caught up yet; it still refers prospective bidders to the
eTender site.

According to the Treasury this isn’t their problem, telling
GroundUp that while it “provided instruction to government institutions on
how these processes must be implemented in the interim”, it is not
monitoring compliance.

The Treasury does not believe that it is in breach of the
PFMA or the Constitution, although it told GroundUp that it has not sought
legal advice in this regard. For the National Treasury “it is the
responsibility of accounting officers/accounting authorities to ensure that the
constitutional principles of procurement are upheld”.

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