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WALTER MENYA
According to the author
The Telecommunications Regulatory Authority of Kenya (CA) could be in trouble following allegations that Call for tenders from a bidder might have been falsified. integrated marketing communication contract of millions of shillings. Allegations that Transcend Media's tender documents may have been interfered with were raised during the hearings of an appeal to the Administrative Procurement Review Board (PPARB). . The panel has since rescinded CA's decision to award the three-year contract for integrated marketing communications to Scanad Kenya, part of WPP Scangroup.
Transcend Media, who challenged the price at Scanad, told the PPARB Transcend's proposal was rejected at the mandatory evaluation stage on the grounds that it "does not". has not serialized bid documents in accordance with the requirements of the Privacy Act "(1965b004). Procurement and Property (PADA) Act in 0001 format.
The evaluation found that pages 229 to 356 of the Transcend Media Proposal were not serialized.
In its decision of June 21, the PPARB declared; On the issue of the serialization of the submission, the Panel heard several arguments on this issue which raised a serious problem as to whether the Applicant's tender (Transcend) tender document was serialized or not. " [19659004"Theadvicethat"thereis"animportantissuethatcouldbeofinteresttootherinvestigativebodiesestablishedbythecomplainantsistopursuetheissue"saidPARPARBinitsjudgment
learned that the allegations of interference in the bid documents have since sparked the launch. Interest of the Ethics and Anti-Corruption Commission and the Criminal Investigations Directorate (DCI).
Nine media companies presented a lucrative offer providing 'integrated marketing communication needs, including brand management, corporate communication (problem and crisis management, reputation management and public relations ), event management, digital management and social media management, media monitoring, market research, media buying, consumer education, public awareness and community relations. "
In addition to Transcend and Scanad, Leo Brands, The Dream Factory and Express DDB Kenya Strategy and Design (EA) Ltd., Inter-Management Group Kenya Ltd., Saracen Media Ltd. and Havas Media Ltd.
Of the nine, only Scanad and Brand Strategy and Design have pbaded the mandatory evaluation stage.Balance Strategy and Design (EA) Ltd. then failed to pbad the stage of the technical evaluation, leaving Scanad as the The most responsive bid
The jury also questioned Scanad's response to the mandatory evaluation phase of the successful bidder's proposal itself was not serialized / paginated , contrary to parameter number nine of the mandatory requirements set out in the tender offer document. "
" The board wishes to observe that there is a growing number of prices are eliminated from the process call for tenders at the stage of the preliminary evaluation on the basis of non-substantive issues such as the absence of pagination and the non-reporting of criminal record, "noted the jury
. used to eliminate seven of the nine bidders and that the PPARB deemed insignificant, the call for tenders was also canceled on the grounds that CA had evaluated the bids outside the 21 days. "The contracting entity (CA), having therefore conceded that she had not undertaken the evaluation process within the prescribed time and that she had not extended the time limit as set out in subsection 126 (3) of the PADP Act Regulation 14 of the Regulations, any subsequent activity in the badessment process after the expiry of the said 21-day period was a futile exercise, "said PPARB in the decision.
In addition, the award of the lucrative offer to Scanad was rescinded on the ground that CA ignored the provisions requiring the procuring entities give preference to companies belonging to Kenya
CA has therefore been ordered to republish the call for tenders within 14 days, which should have been done last Thursday.
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