Plan & Place Insurance Brokers Limited v Accounting Officer, Pest Control Products Board; Pelican Insurance Brokers (Kenya) Limited (Interested Party) (Application 161 of 2020) [2021] KEPPARB 25 (KLR) (20 January 2021) (Decision)
- Court
- KEPPARB
- Case number
- 25
- Citation
- [2021] KEPPARB 25 (KLR)
- Decided
- 20 January 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePublic Procurement ReviewPostureApplication for ReviewCoramMs. Faith Waigwa, Ms. Rahab Chacha, Ms. Phyllis Chepkemboi, Dr. Paul Jilani, Eng. Mbiu Kimani, OGW
Holding
The Board dismissed the Request for Review, finding that the Tender Document required submission of a VAT Certificate, and the company was not exempt from this requirement.
Facts
Pest Control Products Board issued a tender for Enhanced Medical Insurance Cover. Plan & Place Insurance Brokers Limited submitted a bid, but the Procuring Entity required a VAT Certificate, which the company claimed it was exempt from providing.
Issues
- Whether the Procuring Entity evaluated the Applicant's bid at the Preliminary Evaluation Stage in accordance with the criteria on VAT Certificate
Reasoning
The Board determined that the Tender Document required submission of a VAT Certificate, and the company was not exempt from this requirement, as evidenced by the Invitation to Tender and the Appendix to Instructions to Tenderers.
Outcome
The Request for Review was dismissed.
Orders
- The Request for Review filed by the Applicant be and is hereby dismissed.
- Each party shall bear its own costs in the Request for Review.
Authorities cited
Legislation (2)
- Public Procurement and Asset Disposal Act
- Value Added Tax Act
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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