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Arprim Consultants v Accounting Officer (Director General) Parliamentary Joint Services, Parliamentary Service Commission & another (Application 57 of 2020) [2020] KEPPARB 46 (KLR) (21 May 2020) (Decision)

[2020] KEPPARB 46 (KLR) KEPPARB
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Court
KEPPARB
Case number
46
Citation
[2020] KEPPARB 46 (KLR)
Decided
21 May 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePublic Procurement ReviewPostureApplication for ReviewCoramMativo
Holding

The Board found that the evaluation criteria were not adhered to, and the tender award recommendations were illegal.

Facts

The Parliamentary Joint Services, Parliamentary Service Commission issued a Request for Proposal (RFP) for consultancy services. Nine firms submitted proposals, and M/s Arprim Consultants was recommended for the award. However, three members of the Evaluation Committee dissented due to the financial proposal not meeting the requirements specified in the RFP.

Issues

  1. legality of tender award recommendations
  2. compliance with evaluation criteria

Reasoning

The Board determined that the evaluation criteria were not followed, and the financial evaluation was not in line with the RFP document.

Outcome

The Board set aside the Procuring Entity's decisions and directed them to complete the procurement process.

Orders

  • Cancellation of termination letters
  • Cancellation of professional opinion
  • Upholding of evaluation report
  • Completion of procurement process

Remedies

  • Completion of procurement process

Authorities cited

Legislation (2)
  • Public Procurement and Asset Disposal Act 2020
  • Constitution of Kenya
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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