IEBC Admits 20pc Error in Tender for New Election Management System

Jukwaa

📻 Breaking It Down

The commission told the Public Procurement Administrative Review Board (PPARB) that bidders were mistakenly required to provide performance security equivalent to 20 per cent of the contract price.

IEBC said it had identified the mistake and was preparing an addendum to amend the tender document, noting that the law provides for performance security of not more than 10 per cent of the contract price.

The disclosure was made during proceedings challenging the procurement process for the new elections management system, which IEBC advertised on August 11.

📌 What You Need to Know

The challenge was filed by Galadirel Investments Limited, which has accused the commission of issuing a tender containing omissions, contradictions and unclear requirements.

Galadirel argues that the tender violates Article 227 of the Constitution, which requires public procurement to be conducted in a manner that is fair, equitable, transparent, competitive and cost-effective.

In its submissions, the company questioned the basis of the Sh30 million tender security requirement, arguing that the tender document did not state the value of the contract.

“The Applicant has perused the said Tender document and has found the following breaches; There is no value of the Tender provided despite the Respondent issuing a tender security value of Kenya Shillings Thirty Million (Kshs 30,000,000/=) contrary to Section 61 of the PPADA,” the applicant stated in court documents.

Through lawyer Julius Miiri, Galadirel further argued that the tender contains material omissions, contradictions, undefined requirements and incomplete provisions.

The company says the shortcomings could affect how bidders prepare their proposals and undermine competition, evaluation, comparability of bids and equal treatment of prospective tenderers.

📰 Source: Capital FM Kenya

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