Resolution Insurance Company Limited v Clerk, County Assembly of Transnzoia; Kenya Alliance Insurance Company (Interested Party) (Application 128 of 2020) [2020] KEPPARB 5 (KLR) (15 October 2020) (Decision)
- Court
- KEPPARB
- Case number
- 5
- Citation
- [2020] KEPPARB 5 (KLR)
- Decided
- 15 October 2020
The Board finds that the Applicant's bid was not found non-responsive and directs the Accounting Officer to re-admit the Applicant's bid and conduct a post-qualification evaluation.
Facts
The County Assembly of Trans Nzoia issued a tender for medical insurance cover for MCAs and staff, and Resolution Insurance Company Limited submitted a bid. The tender was awarded to another company, and the Applicant filed a request for review.
Issues
- Whether the Procuring Entity issued the Applicant with a letter of notification of unsuccessful bid that meets the threshold of section 87 (3) of the Act.
- Whether the Applicant's bid was found non-responsive in accordance with the provisions of the Tender Document
Reasoning
The Board determined that the Procuring Entity did not issue notification letters meeting the threshold of section 87(3) of the Act and that the Applicant's bid was not found non-responsive based on the evaluation criteria.
Outcome
The decision to award the tender to another company is annulled, and the tender is returned to the Applicant for post-qualification evaluation.
Orders
- Letters of notification to all bidders be cancelled and set aside.
- Re-admit the Applicant's bid at the post-qualification stage and conduct a post-qualification evaluation.
- Proceed with the procurement process to its logical conclusion and issue fresh letters of notification within 14 days.
Remedies
- Re-admit the Applicant's bid and conduct a post-qualification evaluation.
- Proceed with the procurement process to its logical conclusion and issue fresh letters of notification.
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposal Act, 2015
- Tender Document
Loading judgment…