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State agency takes Sh67m row to court

By Geoffrey Mosoku | December 6th 2018

A row over cancellation of a Sh67 million technology tender by the Unclaimed Financial Assets Authority (Ufaa) has moved to the High Court.

Ufaa has filed for judicial review after the Public Procurement Administrative Review Board (PPARB) nullified its decision to terminate the award to a local firm.

In a ruling on September 14, PPARB found that the authority irregularly terminated the tender for the Unclaimed Financial Asset Management System.

The system was to include, among others, a web-based reporting tool for unclaimed asset holders, register and financial reporting and management of claims processing. 

Six firms submitted bids for the tender, with Attain Enterprises Solution and Dynosoff Business Solution shortlisted after reaching the mandatory 75 per cent limit at the preliminary stage.

After evaluation, the two were subjected to financial evaluation in which Attain Enterprises emerged the lowest bidder at Sh67,371,813.31 against Dynosoff’s Sh73,306,200.

The evaluation committee recommended the award to Attain Enterprises.

But on August 2, Ufaa Chief Executive Kellen Kariuki wrote to the firm to explain that its bid was unsuccessful and the tender had been terminated.

Ms Kariuki said the company did not provide correct financial information nor proof of the previous handling of five similar projects as required, prompting the firm to petition the PPARB.

“Instead of acting upon the recommendation made by the procuring entity’s tender evaluation committee and head of procurement, the accounting officer (Ms Kariuki) decided to carry out what clearly amounted to re-evaluation and determined that the applicant’s tender was non-responsive,” said PPARB in its ruling.

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