Court case could delay construction of terminal

Sunday January 31 2016

The second container terminal at the port of Mombasa. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP

The second container terminal at the port of Mombasa. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP 

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Construction of a second container terminal at the port of Mombasa could be delayed further after a port management firm moved to court on Thursday to challenge its disqualification from the lucrative Sh30 billion tender.

The International Container Terminal Services Incorporated, ICTSI, sued the Public Private Partnerships Petition Committee and the Kenya Airports Authority for disqualifying them for a second time in the re-evaluation of the contract that has attracted bids from top global conglomerates.

Through lawyer George Muchiri, ICTSI faulted PPPC for rewriting its own evaluation criteria before settling on rejecting their bid through a ruling issued last December.

Another company, Cosco Pacific limited with Paramount Bank Consortium had moved to court on January 14 over the same claims.

And ICTSI wants its case to be heard together with that one since both cases raise similar issues.

It was an error of the law to determine a mandatory requirement in an ongoing tendering process.

The Second Container Terminal Port of Mombasa tender was advertised on December 12, 2014 and there were 19 bids but only 12 were shortlisted.

ICTSI alleged that the tender document was amended on April 9, 2015 and that they submitted their technical and financial proposal on July 26, 2015.

However, through a July 16, 2015 notification, they were disqualified because they did not provide sufficient information on their organisation structure and that their productive performance indicators did not meet the threshold set out in the tender document.