Two firms wrangle over courts Sh200m tender

Bedrock Security officers show case their dogs skills at the Jomo Kenyatta sports ground, Kisumu. The security firm has filed a petition at the Public Procurement Administrative Review Board, saying Lavington Security Ltd was favoured in the award of Judiciary tender. PHOTO | TOM OTIENO | NATION MEDIA GROUP

By  Angira Zaddock

What you need to know:

  • Bedrock Security Services Ltd has filed a petition at the Public Procurement Administrative Review Board, saying Lavington Security Ltd was favoured.
  • Bedrock says due diligence could only be carried out on the lowest evaluated bidder, adding that the Sh198.81 quoted by Lavington was way above the lowest bidder.
  • The applicant said 15 firms expressed interest but nine, including Lavington Security did not indicate the bid amount.

Omissions in the awarding a tender for the provision of security services to the Judiciary have been pointed out, raising fears that process may have been unlawful.

Two firms are embroiled in a tussle over the Sh200 million tender, with reports that the successful bidder did not meet the requirements.

The Judiciary advertised the tender last year.

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Bedrock Security Services Ltd has filed a petition at the Public Procurement Administrative Review Board, saying Lavington Security Ltd was favoured.

In a December 23 letter notifying Lavington Security of the award, the bid is indicated as Sh198.81 million even as the same letter says the company did not indicate the cost.

“You are required to give a formal written acceptance of this offer. You are also required to confirm the total sum as your tender document had not given the figure,” the letter, signed by acting Chief Registrar Peter Mulwa, said.

Bedrock says due diligence could only be carried out on the lowest evaluated bidder, adding that the Sh198.81 quoted by Lavington was way above the lowest bidder.

DIDN'T INDICATE BID AMOUNT

“The Judiciary evaluated and awarded the tender to a bidder whose tender did not have a completed form, was not responsive and which ought to have been rejected at the preliminary evaluation stage,” the applicant said.

“The procuring entity in failing to reject the bid as non-responsive and proceeding to evaluate the same was in a breach of law.”

The applicant said 15 firms expressed interest but nine, including Lavington Security did not indicate the bid amount.

In a December 30 letter to the Judiciary, the board’s secretary HK Kirungu said the appeal had been received and no contract should be signed.
Bedrock general manager Eunice Wamaya said her firm lost the bid unfairly.

Despite the order by the board, Judiciary official Erick Kamande issued an undated memo instructing stations to oversee transition to another bidder.

Ms Wamaya has requested that the Judiciary to furnish her with minutes of the opening committee deliberations.

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