A procurement review board has cancelled the electoral agency’s international tender for the supply, delivery and maintenance of the Kenya Integrated Elections Management System (KIEMS) for the 2022 polls.
The Public Procurement Administration and Review Board (PPARB) ruled that the tender for the supply, delivery, installation, testing, commissioning, support and maintenance Kiems and hardware equipment and accessories was illegally awarded.
In its ruling yesterday, PPARB directed the Independent Electoral Boundaries Commission (IEBC) to prepare a fresh tender document within 30 days.
“The procuring entity is hereby directed to prepare a fresh tender document within 30 days from the date of this decision, taking into consideration the provisions of the Constitution of Kenya, the Public Procurement and Asset Disposal Act, the Public Procurement and Disposal and Asset Disposal Regulations, 2020 and the findings of the board in this review,” read the ruling in part.
IEBC advertised for the Tender No: IEBC/OIT/001/21/2020/2021 and set a deadline of May 14, which was later be extended to June 18 following issuance of three addendums to the tender document.
The tender was opened on June 18, and five companies including Indra Soluciones Tecnologias De La Informacion, Smartmatic International Holding B.V, Genkey Solutions BV, Laxton Group Limited and Africa Infrastructure Development Company were involved. In lodging for Review No. 107 of 2021 the applicant, Risk Africa Innovatis Limited claimed the tender document did not provide for preference margins in favour of local and or citizen contractors as contemplated by the Constitution of Kenya and the Public Procurement and Asset Disposal Act, 2015.
The firm also noted that the tender document does not require foreign tenderers participating in the subject tender to source at least 40 per cent of their supplies from citizen contractors prior to submitting the bid.
Risk Africa Innovatis Limited through its shareholder and director Henry Mien prayed that the PPRAB orders cancellation and annulment the Tender Document and all procurement proceedings in respect of the entire Tender No. IEBC/OIT/001/21/2020/2021 dated 14th April, 2021.
The firm also sought to have the board compel IEBC to withdraw and re-advertise the same via a fresh tender document that complies with the law in preference and reservations set out in the Constitution and the Public Procurement and Asset Disposal Act in explicit terms.
In response, IEBC noted that the applicant was not in breach of or in contravention of the law.