PSC denies fault in KES 6B tender award
05 December 2013, 09:17
Nairobi - The Parliamentary Service Commission has defended itself against allegations of a faulty tendering process in the award of a contract for the construction of a 26 floor storey office block.
The commission maintains that the tendering process for the new office block which will house the expanded 418-member legislature was above board as it was done through a clear and open process.
Through their lawyer, PSC says the Public Procurement Review Board delivered a ruling on the winning bidder on January 17 for the construction work to commence at a cost of KES 6B.
The Commission in its submission also argued that anyone challenging the totality of the tender outcome by way of review is out of time.
“You cannot invade jurisdiction since the Public Procurement Review Board ruling, the decision was never challenged, the PSC argued.
A local company awarded the contract had challenged the Public Procurement Review Board’s tendering process.
The Company, Milicons Limited claims that the review board erred in facts and law in determining the application on regulation in awarding the contract.
Milicons said the review board communicated to the tender bidders using different modes of notification. However no explanation was given as to why the different mode of communication was applied.
Milicons who are already on site, said that they were not told to collect a letter dated August 22 notifying them as successful bidders but were instead contacted on phone yet the other bidders were notified by through posted letters.
“There’s difference between preferences and reservation. The court should guide future appeals on what normally happens on whether such contracts would still be valid after the period has elapsed, will it be proper for a procuring entity to proceed?” said Ngaca Gacugia representing Milicons.
Milicons is also questioning PSC failure to independently investigate the procurement.
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