The multi-million tender for the provision of security to the Judiciary that was awarded to Lavington Security Ltd has been cancelled and the Chief Registrar of the Judiciary Anne Amadi directed to re-advertise the tender.
The Public Procurement Administrative Review Board (PPARB) has said that due diligence was not followed in awarding the Sh198 million tender for guarding all judiciary premises and courts.
In a ruling made on Friday, the board chaired by Josephine Mong’are directed the nullification of the contract, after Bedrock Security Services Limited lodged an appeal disputing the tender process.
“This board orders the Chief Registrar of Judiciary to nullify the security tender awarded to Lavington Security and re-advertise it afresh,” ruled Mong’are at hearing at the PPARB headquarters in Nairobi.
The complainant which was among 15 firms that had expressed interest in providing the services across the country but nine firms, including Lavington Security, did not indicate the bid amount as required by law.
Ms Mong’are also directed that two judiciary officers adversely mentioned in the process be investigated by the employer. “The registrar should launch a probe on the conduct of the two officers, and punish them if the claims are true,” said Ms Mong’are.
Bedrock Security Services Ltd has filed a petition at the Public Procurement Administrative Review Board, saying Lavington Security Ltd was favoured.
They also pointed out omissions in the process and claimed that the successful bidder did not meet the requirements.
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.
Bedrock Company through its managing director Eric Okeyo claims to have been offering security services to the Judiciary since 2015, pursuant to a two-year contract which was subject to extension upon satisfactory performance.
Mr Okeyo also complained to the review board that two judicial officers who doubles as members of evaluation committee met him at a city restaurant and attempted to extort bribe from him, so that his firm lands the lucrative deal.
“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.
“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.”