The procurement watchdog has nullified a Sh212.3 million tender issued by the Kenya Meat Commission (KMC) for the supply, installation, testing and commissioning of a canning line.
The Public Procurement Administrative Review Board (PPARB) said KMC did not inform Apex Projects Limited, the applicants, why the meat processor disqualified their tender at the preliminary evaluation stage.
“We have also established that the 1st and second respondents (KMC and its accounting officer) lacked transparency in issuance of the applicant’s letter of notification of intention to award the subject tender dated April 6, 2023, by failing to disclose the reason why the applicant was disqualified at the preliminary evaluation stage by the evaluation committee,” read the board’s decision in part.
On November 22, 2022, KMC invited tenders for the procurement of supply, installation, testing and commissioning of the canning line.
The meat company received seven tenders and embarked on their evaluation.
During the preliminary evaluation stage, Apex Projects Limited’s tender was found unresponsive for not having the National Construction Authority certificates.
At the end of the evaluation period, the KMC committee recommended the tender be awarded to TML Group Limited as the company was technically and financially qualified to supply the canning line machines at a total cost of Sh212,348,610.
Aggrieved by the decision Apex Projects sought a review of the decision at the PPARB. Among the orders it sought was for the board to “order for a fresh evaluation of all eligible tenders that had met the mandatory requirements”.
Apex Projects told the Board that the tendering process was flawed and KMC had doctored the annexure documents in favour of TML Group Limited.
The board, which is chaired by Faith Waigwa, said the applicant did not prove that the annexures were doctored to favour the TML Group.
