“The Board further orders that in carrying out the re-tender and or fresh procurement using whatever method of procurement that it may adopt, the procuring entity shall prepare a fresh tender document that shall set out clear and unambiguous provisions and criteria and which shall take into consideration the nature of the procurement in question,” read the ruling/FILE
NAIROBI, Kenya, May 20 – The Independent Electoral and Boundaries Commission (IEBC) has been ordered to re-advertise the printing and delivery of 130 million ballot papers.
This is after the Public Procurement Administrative Review Board found that the Sh2.5 billion tender for supply and delivery of ballot papers for the August elections was “incurably flawed”.
The Board made the ruling after Rosecate Promotions & Supplies Limited challenged the tender process arguing that IEBC had breached the law by enjoining its accounting officer in the tender process.
“The Board further orders that in carrying out the re-tender and or fresh procurement using whatever method of procurement that it may adopt, the procuring entity shall prepare a fresh tender document that shall set out clear and unambiguous provisions and criteria and which shall take into consideration the nature of the procurement in question,” read the ruling.
The company stated that IEBC had given companies who wished to participate less than 30 days as allowed by the law.
“The financial evaluation criteria is subjective as it provides an alternative award ‘for all or part of the elective position. The same will confuse the tender processing committee as it provides two distinct award criteria,”‘ Rosecate Promotions argued.
The Court of Appeal had on April 26 directed IEBC to restart the tender process, which has now been stopped.
The delay in awarding the contract may pose a logistical nightmare for IEBC.
The ballot papers tender may now suffer the same fate that befell the Kenya Integrated Election management System which IEBC ended up single-sourcing after several legal battles.
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