Malawi: Bidders Threaten Legal Action Against Blantyre Water Board Over Aborted Tender Process

A group of bidders is considering legal action against the Blantyre Water Board (BWB) over what they describe as a flawed procurement process, after the institution abruptly halted the opening of bids on the scheduled date, leaving companies that had invested time and resources in the process demanding answers.

On 12 June 2026, BWB advertised an invitation for bids for the procurement of various goods, services and works under the National Competitive Bidding (NCB) method.

According to the tender notice, eligible bidders were invited to obtain bidding documents from the board's Procurement and Disposal Unit and submit sealed bids by 9am on 2 July 2026.

The tender covered 11 procurement categories, including hardware, office stationery, medical supplies, maintenance services, security services and major civil works under framework agreements running through to 2027 and 2028.

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But on the day scheduled for bid opening, several bidders who had submitted their bids at BWB's offices were left stunned when the process was halted moments before the official opening.

According to bidders who spoke to Nyasa Times, after depositing their bids in the tender box and waiting for the opening ceremony, a BWB official told them there would be no bid opening and instructed them to collect their submissions and leave.

They said they were told no questions would be entertained at that point, and that the board would issue a formal explanation by 7 July 2026.

No such communication had been issued by the stated date, the bidders said, leaving them without clarity on the status of the procurement process.

One bidder, speaking on condition of anonymity, said the manner in which the process was halted had frustrated companies that had spent significant resources preparing their submissions.

"BWB understands procurement procedures. You cannot wait until the day of bid opening and then suddenly stop the process without formally communicating to bidders.

"Many of us travelled long distances and spent money preparing these bids. This was shocking and showed a lack of respect for bidders," the bidder said, arguing that any changes to the process should have been communicated through the proper channels.

Under the Public Procurement and Disposal of Public Assets Act No. 7 of 2025, a procuring entity is required to formally communicate amendments to bidding documents, including issuing an addendum where changes are made -- a process intended to ensure bidders are properly informed and given sufficient time to respond.

Bidders argue that halting the process on the day of bid opening did not follow expected procedures, and are now weighing legal options.

"Some of us travelled from Lilongwe, others from Mzuzu, Mulanje and other parts of the country. Preparing bids is not a simple process. There are administrative costs, transport costs and time involved. We deserved a proper explanation," another bidder said.

BWB response

When contacted for comment, BWB chief executive officer Yeremia Chihana referred this reporter to Mavuto Chintengo, identified as the board's chairman of procurement.

Chintengo said Section 66 of the Public Procurement and Disposal of Public Assets Act allows a procuring entity to cancel a procurement process at any point, and stated that bidders had been informed by email prior to the opening day.

However, when it was put to Chintengo that several bidders said they had received no such communication, and he was asked to provide details of the emails -- including dates and content -- he did not respond.

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A procurement expert familiar with the matter, described the incident as unfortunate, saying public institutions must maintain the confidence of suppliers who support government service delivery.

"Government relies on the private sector for the supply of goods and services. Whether it is medical supplies for hospitals or materials needed by institutions such as BWB to provide clean water, bidders are important partners. They deserve transparency and professionalism," the expert said. He asked not to be identified.

The episode comes amid growing public scrutiny of procurement processes in Malawi, with recurring concerns over cancelled tenders, delayed projects and the financial losses that result.

BWB has also faced recent public attention over internal governance issues, including reported disputes over the institution's leadership, which have been the subject of separate legal proceedings.