On the Mark Security Limited v Accounting Officer, Kenya Revenue Authority & another (Application 51 of 2020) [2020] KEPPARB 29 (KLR) (5 May 2020) (Decision)
- Court
- KEPPARB
- Case number
- 29
- Citation
- [2020] KEPPARB 29 (KLR)
- Decided
- 5 May 2020
The Board finds that the Kenya Revenue Authority had jurisdiction to entertain the review request and cancels the letter of notification of unsuccessful bid and the letter of notification of award. It directs the Kenya Revenue Authority to re-evaluate the bids and conclude the procurement process.
Facts
The Kenya Revenue Authority issued a letter of notification of unsuccessful bid to the applicant, On the Mark Security Limited, regarding a tender for the supply and delivery of K9dogs and training of dog handlers. The applicant challenged the decision through a Request for Review.
Issues
- Whether the Kenya Revenue Authority introduced extrinsic/additional criteria during the technical evaluation
- Whether the Kenya Revenue Authority had jurisdiction to entertain the review request
Reasoning
The Board notes that the criteria for registration of dogs with the East Africa Kennels Club were part of the technical evaluation criteria and not extrinsic. The Board cancels the letters of notification and directs re-evaluation.
Outcome
The Kenya Revenue Authority's decision is set aside and the procurement process is to be re-evaluated and concluded.
Orders
- Cancellation of the letter of notification of unsuccessful bid
- Cancellation of the letter of notification of award
- Re-admitting the applicant's bid and the 2nd respondent's bid for re-evaluation
- Concluding the procurement process within 14 days
- Each party bears their own costs
Remedies
- Re-evaluation of the bids
- Concluding the procurement process
Authorities cited
Legislation (2)
- Public Procurement Act
- Constitution of Kenya
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