Express Automation Limited v Accounting Officer, Kenya Ports Authority & another; Xrx Technologies Limited & another (Interested Parties) (Application 139 of 2020) [2020] KEPPARB 13 (KLR) (8 December 2020) (Decision)
- Court
- KEPPARB
- Case number
- 13
- Citation
- [2020] KEPPARB 13 (KLR)
- Decided
- 8 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePublic Procurement ReviewPostureApplication for ReviewCoramMs. Faith Waigwa, Mr. Nicholas Mruttu, Ms. Phyllis Chepkemboi
Holding
The Board finds no fault in the KPA's action and dismisses the Request for Review.
Facts
The Kenya Ports Authority (KPA) invited sealed bids for a tender to provide lease services for multifunctional products. Express Automation Limited (Applicant) submitted a bid, but the KPA returned the Applicant's financial bid unopened due to non-compliance with preliminary evaluation requirements.
Issues
- Whether the KPA's action of returning the Applicant's financial bid unopened was justified.
- Whether the Applicant's bid was non-responsive at the Preliminary Evaluation Stage.
Reasoning
The Board determined that the Applicant failed to satisfy a requirement at the Preliminary Evaluation Stage, did not proceed to Technical Evaluation, and thus its Financial Bid/Proposal could not be considered for evaluation.
Outcome
The Request for Review is dismissed.
Orders
- The Request for Review filed by the Applicant is dismissed.
- Each party shall bear its own costs in the Request for Review.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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