Jubilant Cleaning Services Limited v Nyeri Water & Sanitation Company Limited (Application 148 of 2019) [2020] KEPPARB 14 (KLR) (21 January 2020) (Decision)
- Court
- KEPPARB
- Case number
- 14
- Citation
- [2020] KEPPARB 14 (KLR)
- Decided
- 21 January 2020
The Board found that the Procuring Entity unfairly evaluated the Applicant's bid and directed the Procuring Entity to re-admit the Applicant's bid at Preliminary Evaluation and re-evaluate the same.
Facts
Jubilant Cleaning Services Limited submitted a bid for Provision of Cleaning Services at Kamakwa Treatment Plant. The Nyeri Water & Sanitation Company Limited (Procuring Entity) evaluated the bid and disqualified Jubilant Cleaning Services Limited due to a non-compliance with mandatory requirement A3 of the Tender Document.
Issues
- whether the Procuring Entity issued a letter of notification of unsuccessful bid that meets the threshold of section 87(3) of the Act
- whether the Procuring Entity evaluated the Applicant's bid in accordance with section 80(2) of the Act and Article 227(1) of the Constitution of Kenya 2010 with respect to the mandatory requirement A3
Reasoning
The Board determined that the Procuring Entity violated the Act by not verifying the Applicant's AGPO certificate and disqualified the Applicant unfairly.
Outcome
The Procuring Entity's letters of notification of unsuccessful bid and award of tender are cancelled and set aside. The Procuring Entity is directed to re-admit the Applicant's bid and re-evaluate it.
Orders
- Cancellation of Procuring Entity's Letter of Notification of Unsuccessful Tender
- Cancellation of Procuring Entity's Letter of Notification of Award of Tender
- Direction to re-admit Applicant's bid and re-evaluate it
Remedies
- Re-admitting Applicant's bid and re-evaluating it
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposal Act
- Constitution of Kenya 2010
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