Blue Garnet PR Limited & 2 others v Principal Secretary, Ministry of ICT, Innovation & Youth Affairs State Department for Broadcasting and Telecommunications (Application 145, 146 & 147 of 2020 (Consolidated)) [2020] KEPPARB 8 (KLR) (22 December 2020) (Decision)
- Court
- KEPPARB
- Case number
- 8
- Citation
- [2020] KEPPARB 8 (KLR)
- Decided
- 22 December 2020
The Board found that the Procuring Entity did not comply with the Act and Regulations, and ordered the cancellation of the letters of notification and the issuance of fresh ones.
Facts
The Ministry of ICT, Innovation & Youth Affairs State Department for Broadcasting and Telecommunications issued letters of notification of unsuccessful bid to three bidders (Applicants) on 16th November 2020, but the bidders received them on 24th November 2020. The Procuring Entity claimed compliance with the Act and Regulations.
Issues
- Whether the Procuring Entity issued the 1st, 2nd and 3rd Applicants with letters of notification of unsuccessful bid meeting the threshold under section 87(3) of the Act read together with Regulation 82 of the 2020 Regulations.
- Whether the 1st, 2nd and 3rd Applicants' bids were found non-responsive in accordance with the Tender Document, section 80(2) of the Act read together with Article 227 of the Constitution
Reasoning
The Board held that the letters of notification were not issued in accordance with the Act and Regulations, and that the bidders' bids were found non-responsive.
Outcome
The Procuring Entity's decision was set aside and ordered to comply with the Act and Regulations.
Orders
- Cancellation of letters of notification to the 1st, 2nd, and 3rd Applicants
- Fresh letters of notification to be issued to all bidders
- Contract to be concluded within 14 days
Remedies
- Cancellation of letters of notification
- Fresh letters of notification
- Contract conclusion within 14 days
Authorities cited
Legislation (2)
- Public Procurement Act
- Public Procurement and Asset Disposal Regulations, 2020
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