IEBC’s 2022 elections plans paralysed as tribunal nullifies ballot papers’ tender

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The Independent Electoral and Boundary Commission (IEBC) is now at a crisis in its preparations for the 2022 elections after a tribunal nullified the award of a Sh2.8 billion ballot papers contract to a Greek firm.

In a final decision by Public Procurement Administrative Review Board (PPARB) led by the chairperson Faith Waigwa dated November 17, 2021, the board set aside the electoral commission recommendation to award to the multinational firm, Inform Lykos (HELLAS) S.A the tender for the supply and delivery of ballot papers and election result forms.

“The first respondent (Accounting Chief Executive Officer of IEBC) Letter of Award dated October 14, 2021 in tender No. IEBC/OIT/002/2021/2022 for supply and delivery of ballot papers; Register of Voters; Statutory Election Results Declaration Forms to be used at the Constituency, County and National Tallying centers on a Framework Contract for a period of three years issued to the first interested party (Inform Lykos (HELLAS) S.A) be and is hereby nullified and set aside,” the board ordered.

The board nullified the tender award to the Greek firm noting that due diligence was not done in the process of the award of the multi-billion tender for supply of ballot papers by IEBC.

“Bearing in mind the importance of the subject tender and procurement process and national interest of the tender carries, it is important before award of the subject tender, a due diligence exercise must be conducted strictly in accordance with the provisions of section 84 of the Act,” the Board ruled

The new development by the Public Procurement Administrative Review Board comes after Shailesh Patel T/A Africa Infrastructure Development Company made an application for a review on how the tender was awarded to the Greek firm.

Last month, the electoral agency had awarded Inform Lykos (HELLAS) S.A the tender after it beat 12 other firms to emerge as the lowest bidder.

In the application to the board, the complainant ( Africa Infrastructure Development Company) claimed the award to Inform Lykos was unlawful and did not meet requirements of the Public Procurement and Asset Disposal Act.

However, the board in its decision has further nullified and set aside IEBC accounting officer notification of intention to award transmitted on October 14, 2021 for supply of ballot papers issued to the second applicant in the matter a Dubai-based firm namely Al Ghurair Printing and publishing and all other unsuccessful tenders.

The board however has ordered IEBC to direct the evaluation committee to re-admit the Al Ghurair Printing and publishing’s tender at the financial evaluation and conduct a re-evaluation of the firms’ tender together with tenders that made it to the financial evaluation stage, at the financial evaluation stage in accordance with the provision of the tender document, the regulation 2020,the act and the constitution taking into account the boards finding in this consolidated request review.

While issuing the orders, the board observed that from the Evaluation Report signed by all members of the evaluation committee at IEBC on September 28,2021, the committee recommended for due diligence to be carried out before award of the tender .

“In the minutes of tender evaluation of the subject matter that started on September 16,2021, due diligence was conducted on most responsive tenders by the evaluation committee but no due diligence report was availed by the IEBC on the same,” the board states.

The tribunal also held that Shailesh Patel T/A Africa Infrastructure Development Company was disqualified from financial criteria unfairly and or based on criterion that was not set out in the respondents’ (IEBC) tender document.

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