Space Contractors & Suppliers Investment Limited v Accounting Officer, Kenya Maritime Authority & another; Virgin Clean Limited & another (Interested Parties) (Application 153 of 2020) [2021] KEPPARB 22 (KLR) (8 January 2021) (Decision)

Facts

The Kenya Maritime Authority issued a tender for Provision of General Cleaning and Landscaping Services, and Space Contractors & Suppliers Investment Limited submitted a bid. The tender was evaluated, and Virgin Clean Limited was recommended for due diligence due to its lowest evaluated tender price. The Procuring Entity conducted due diligence on Virgin Clean Limited but not on Space Contractors & Suppliers Investment Limited.

Issues

1. Whether the Applicant’s bid was found non-responsive at the Preliminary Evaluation Stage
2. Whether the Procuring Entity evaluated tenders received at the Preliminary Evaluation stage
3. Whether the 1st Interested Party attended the mandatory pre-bid conference and site visit
4. Whether the 1st Interested Party’s bid complies with the minimum wage requirement
5. Whether the Procuring Entity conducted due diligence in the subject tender

Reasoning

The Board notes that due diligence is only conducted on the lowest evaluated responsive tender, and the Procuring Entity did not conduct due diligence on the Applicant's bid.

Outcome

The Request for Review is dismissed.

Authorities cited