A Sh2 billion international tender by the Kenya Ports Authority has been halted after a company moved to the Public Procurement Administrative Review Board.
This comes as Commission for Human Rights and Justice also prepares to move to court over the same tender No. KPA/120/2022-23/CO for the design, supply, integration and implementation of an Operations Control Centre (OCC) for the authority.
Copytech Office Solutions Ltd moved to the PPARB on June 5 while CHRJ executive director Julius Ogogoh, through Shabaan Associates LLP, on Tuesday wrote to the KPA managing director Captain William Ruto seeking that the process be stopped.
In the letter, Ogogoh, through the lawyers, argues that the tender period failed to meet the required specifications of at least 30 days, having been advertised on or about May 12 and closed on May 26.
Ogogoh said this period was not enough for interested bidders to make the necessary application, undertake site visits and comply with the provisions of the Public Procurement and Asset Disposal Act, 2015.
“Further, it is our client’s position that the requirements set out in the said tender notice were tailor-made to favour and get a desired contractor,” read the demand letter.
“Our instructions are therefore to demand and put you on notice that the whole process ought to be halted, a fair level playing field be determined and fresh calls for bidding be announced thereafter,” the letter read in part.
Failure to immediately halt the process and a written notice from KPA within 24 hours would force the lobby group to institute review proceedings before the Public Procurement Regulatory Authority, among other legal redress mechanisms, according to the demand letter.
The opening of the tender was slated for June 6 but was put on hold after receipt of the PPARB letter.
Ogogoh said the tender was not in KPA’s procurement plan and neither had been in the supplementary budget which has also not been approved by the National Treasury.
The activist said in any international tender, there has to be a call for a site visit which should take one or two weeks.
“You have to know where you are going to do a job to know the scope of work involved in order for you to make as accurate a quotation as possible,” Ogogoh said.
The PPARB said:
“Under section 168 of the Public Procurement and Asset Disposal Act, 2015, the procurement proceedings are hereby suspended and no contract shall be signed between the Procuring Entity and the tenderer awarded the contract unless the Appeal has been finalized”.
According to the KPA, tenderers were required to pay tender security of Sh5 million or an equivalent in US dollars in the form of a Banker’s guarantee.
KPA manager planning, investment and asset management Johnson Ngure said the authority is committed to fighting corruption and adheres to high standards of integrity in its business operations.
“Bidders and the general public are encouraged to report any unethical behaviour immediately,” Ngure noted.
