Xtranet Communications Limited v Accounting Officer, Agriculture and Food Authority & another; Jenetworks Ventures Limited (Interested Party) (Application 48 of 2020) [2020] KEPPARB 7 (KLR) (27 April 2020) (Decision)
- Court
- KEPPARB
- Case number
- 7
- Citation
- [2020] KEPPARB 7 (KLR)
- Decided
- 27 April 2020
The Procuring Entity's letters of notification of unsuccessful bids and award are cancelled and set aside. The Procuring Entity's re-evaluation report and professional opinion are nullified. The Procuring Entity is directed to conclude the procurement process within 14 days.
Facts
The Agriculture and Food Authority issued a tender for the Supply, Installation and Commissioning of Broadband Internet, Wide area Network, Email Services, WI-FI Network and Integration of IP based voice communication. Xtranet Communications Limited and Liquid Telecommunications Ltd submitted bids. The Agriculture and Food Authority issued letters of notification of unsuccessful bids and a letter of notification of award to Jenetworks Ventures Limited.
Issues
- Cancellation of the Procuring Entity's letters of notification of unsuccessful bids and award
- Cancellation of the Procuring Entity's re-evaluation report and professional opinion
- Direction to conclude the procurement process within 14 days
- Each party to bear their own costs
Reasoning
The Board found that the procurement process was not concluded and that the Procuring Entity's actions were in violation of the Public Procurement Act.
Outcome
The Procuring Entity's actions are set aside and the procurement process is directed to be concluded within 14 days.
Orders
- Cancellation of Procuring Entity's letters of notification of unsuccessful bids and award
- Cancellation of Procuring Entity's re-evaluation report and professional opinion
- Direction to conclude procurement process within 14 days
Remedies
- Each party to bear their own costs
Authorities cited
Legislation (1)
- Public Procurement Act
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