Riverbank Solutions Limited & Sporto Limited v Accounting Officer, County Government of Nakuru; Dynamic Financial It Research Consulting Limited (Interested Party) (Application 148 of 2020) [2020] KEPPARB 30 (KLR) (23 December 2020) (Decision)
- Court
- KEPPARB
- Case number
- 30
- Citation
- [2020] KEPPARB 30 (KLR)
- Decided
- 23 December 2020
The decision to declare the tenders unsuccessful is cancelled and set aside. The Accounting Officer is ordered to reinstate non-responsive tenders and proceed with the procurement process.
Facts
The County Government of Nakuru issued a tender for the supply, installation, configuration, customization, commissioning, and maintenance of an Integrated Revenue Collection Management System (IRCMS). Riverbank Solutions Limited & Sporto Limited and Dynamic Financial IT Research Consulting Limited submitted tenders, and the Accounting Officer declared them unsuccessful. The applicants challenged the decision.
Issues
- Cancellation of the decision to declare the tenders unsuccessful
- Reinstatement of non-responsive tenders
- Proceeding with the procurement process to its logical conclusion
Reasoning
The Board found that the decision to declare the tenders unsuccessful was not supported by the evidence and was not in accordance with the procedures and criteria set out in the Tender Document.
Outcome
The decision to declare the tenders unsuccessful is cancelled and set aside.
Orders
- Cancellation of the decision to declare the tenders unsuccessful
- Reinstatement of non-responsive tenders
- Proceeding with the procurement process to its logical conclusion
Remedies
- Reinstatement of non-responsive tenders and proceeding with the procurement process
Authorities cited
Legislation (2)
- Public Procurement Act
- Regulations 2020
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