This is after PPARB upheld the award of the tender to M/S Liebherr Container Cranes saying KPA had followed the procedure laid out in law.
A German firm, Kocks Kranes GMBH, had challenged the award to Liebherr Container Cranes claiming KPA had flouted the procedure on advertising of tenders as laid out in the Public Procurement and Disposal Act 2005.
“We perused all the documents before it and found that the tender in issue was “duly advertised as required by section 54(2) of the Act as read together with Regulation 40 and that the criteria provided in the Tender Document was applied in the evaluation.” PPARB said.
The tender was for the supply, installation and commissioning of three new Ship-to-Shore Gantry cranes.
Five firms took part in the tender namely, M/S Liebherr, Kocks Kranes, Terex Port Solutions, Dalian Huarai Heavy Industry and Kalmar. M/S Liebherr emerged the winner scoring 93.55 percent followed by Kocks Kranes with 91.05 percent.
Following the technical evaluation only Liebherr and Kocks Kranes qualified after financial evaluation.
The board further observed that the only reason Kocks Kranes GMBH was not awarded the tender was because it was not the lowest evaluated bidder.
M/s Liebherr Container Cranes Ltd quoted Sh2.4 billion while M/s Kocks Cranes GMBH quoted Sh2.6 billion with both bidders within the required delivery period of 68 weeks as provided in the tender document.
KPA awarded the tender to M/S Liebherr as the lowest evaluated bidder in accordance with the Act, the board noted.
All bidders (successful and no-successful) were notified of the tender outcome in accordance with Section 67(1) and (2) of the Public Procurement and Disposal Act.2005.
“Taking into account all the foregoing matters and the reasons set out in the Board’s decision, the Request for Review is hereby dismissed and the Procuring Entity may proceed with the procurement process,” reads part of the ruling.
M/s Kocks Cranes GMBH had contested the award by the Authority and appealed for review by the Public Procurement Administrative Review Board as per Section 93 (1) of the Public Procurement and Disposal Act which allows any bidder with a complaint to lodge an appeal through the Public Procurement and Review Board.
Once purchased the new cranes will complement the existing seven Ship-to-Shore Gantry cranes at the container terminal especially now that the container terminal quay has been extended by 240 meters following the commissioning of berth No.19 in August.