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Engineering firm Resqtec has lost the bid to stop a Sh283 million tender awarded to a rival firm to supply the Jomo Kenyatta International Airport (JKIA) with an aircraft recovery system.
The Public Procurement Administrative Review Board (PRARB) dismissed Resqtec’s challenge of the tender awarded to International Partnership Services East Africa Ltd for being time-barred.
Resqtec had sought to overturn the tender award claiming that it did not receive a crucial letter from the Kenya Airports Authority (KAA) regarding the tender because it was sent to a wrong email address.
According to PPARB documents, KAA sent out a restricted tender inviting six firms to electronically submit bids for the procurement of an aircraft recovery system by March 21, 2024.
Two firms, Resqtec Zumro BV and International Partnership Services East Africa Ltd submitted responses by the tender closing date.
Resqtec was, however, disqualified at the initial evaluation stage with KAA stating that the firm had failed to fill its Certificate of Independent Tender Determination, a legal requirement stating that the firm has completed the tender without colluding with other tenderers.
KAA then informed the firm of its failed bid through an email dated June 12, 2024. This was followed up with a hard copy letter dated June 20 but which Resqtec said it received on July 18, 2024.
Resqtec filed a Request to Review KAA’s decision on August 13, 2024.
According to Resqtec, KAA used an incorrect email address, resulting in the firm lacking enough time to challenge the decision.
“The applicant contended before the board that the notification letter dated June 12, 2024 was sent to an incorrect email address i.e. "[email protected]" instead of "[email protected]" and thus it was only until July 18, 2024 that the applicant sighted the notification letter when a physical copy was delivered,” states PRARB.
Section 167 of the Public Procurement and Assets Disposal Act, 2015 provides that an aggrieved tenderer may seek administrative review within 14 days of being notified of the decision.
Resqtec also accused KAA of providing inadequate clarifications including why key requirements such as audited financial statements, references for past projects and proof of experience for training instructions were removed from the tender.
However, the company was hard pressed to explain why the request for review was filed on August 13, 2024, outside the 14 days statutory timeline, even as the firm said it received the hard copy letter on July 18, 2024.
“The applicant had between July 18, 2024 and August 1, 2024 to seek administrative review before the board,” said PRARB in its decision.
“The instant request for review was filed on August 13, which was 26 days from the date of learning of the breach in question and therefore outside the statutory timelines.”
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