On the Mark Security Limited v Accounting Officer, Kenya Revenue Authority & another (Application 158 of 2020) [2021] KEPPARB 5 (KLR) (14 January 2021) (Decision)
- Court
- KEPPARB
- Case number
- 5
- Citation
- [2021] KEPPARB 5 (KLR)
- Decided
- 14 January 2021
The Board finds that the Procuring Entity was neither objective nor fair in its conduct of the due diligence exercise.
Facts
On the Mark Security Limited submitted a bid for a tender for the supply and delivery of K9 dogs and training of dog handlers. The Kenya Revenue Authority (KRA) conducted due diligence on the bidder, which included a site visit and interviews with the bidder's referees. The KRA found that the bidder's performance during its previous contract was below par and did not provide satisfactory references.
Issues
- Board's jurisdiction to entertain the Request for Review
- Due diligence conducted by KRA
Reasoning
The Board determined that the Procuring Entity should have raised issues directly with the bidder during the pendency of its previous contract and should have documented communications with the bidder.
Outcome
The Board cancels the Letter of Intention to Award and the Letter of Notification of Unsuccessful Bid, and directs KRA to proceed with the procurement process.
Orders
- Letter of Intention to Award to M/s Skaga Limited to be cancelled
- Letter of Notification of Unsuccessful Bid to the Applicant to be cancelled
- KRA to proceed with procurement process within 14 days
Remedies
- Cancellation of Letters of Intention and Notification
- Direction to proceed with procurement process
Authorities cited
Legislation (1)
- Public Procurement and Asset Disposal Act (No. 33 of 2015)
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