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A firm has sued the Public Procurement Administrative Review Board over a tender to provide cleaning and landscaping services to Kenya Ports Authority. Higawa Enterprises Ltd is seeking to quash the review boards decision to disallow its application for a review of the tender It said the board disallowed its application before proceeding to direct KPA to proceed with the procurement process to its conclusion. The company, which has named KPA and its accounting officer Yobesh Oyaro as interested parties in the suit, said the decision amounted to abdication of its responsibilities. It wants the awards made by the interested parties in respect to the tender on September 1 be declared null and void. Suspended implementation The High Court has already suspended the implementation of the board’s decision in relation to the award of the tenders for zones in Tender No.KPA/112/2016-17/MO pending hearing and determination of the case. Through lawyer Gikandi Ngibuini, the company argues that in the instruction to tender, particularly the tender data sheet which KPA and Mr Oyaro failed to annex in the tender document, it is clear the validity period should have been prescribed. Mr Ngibuini argues that clause 17.1 of the tender data sheet provides that tender validity period shall be 90 days after the deadline for tender submission specified in it (tender sheet). He further says that KPA and Mr Oyaro purported extension of the validity period of the tender via its letter dated July 11 by 30 days effective July 16 when the tender validity period lapsed on July 7 was null and void. “Even if the alleged extension by the interested parties was lawful, it lapsed on August 16, as such the award made (by the interested parties) in respect of the tender on September 1 after the alleged extension was null and void,” said Mr Ngibuini. The company further contends that it was not satisfied by the awards of the tender by the interested parties hence it filed an application at the board. |
