BOC Kenya Ltd has objected to part of the tender being awarded to Noble Gases International Ltd and has asked for the award to be revoked.
BOC Kenya filed a complaint with the board alleging that KNH improperly awarded Noble Gases some of its usual supplies, despite the fact that Noble Gases’ bid was successful for all items tendered.
The hospital needed medical gas suppliers, and four companies applied: Oxyplus International Company Ltd, BOC Kenya, Noble Gases, and Cavash Supplies.
BOC Kenya and Noble Gases’ offers were judged to be the lowest appraised for the supplies after three levels of evaluation by KNH.
Noble Gases was given a tender to furnish ten products for the tender, while BOC Kenya was awarded two.
The board, chaired by Faith Waigwa, stated that the second bidder, Noble Gases, had not filed any papers in response to BOC Kenya’s request for review.
The petitioner and Noble Gases received a letter of notification of intent to award the tender, which was later thrown aside by the PPARB.
“The procuring entity’s letters of notification to award the tender for the supply and delivery of medical gases dated June 11, 2021 issued to all unsuccessful tenderers be and are hereby cancelled and set aside,” the board resolved.
It directed KNH to issue fresh letters of notification to the contract in line with the recommendation of the evaluation committee that dealt with the tender.
The board said the notifications be sent simultaneously while notifying the unsuccessful tenderers of the outcome of the evaluation of their tenders.
“Noting that the subject tender is for medical gases that are quite a needed commodity during these Covid-19 times, the board deems it fit to uphold the recommendation of the evaluation committee,” the ruling reads.“However to align the entire process with the law, it is important that KNH issues fresh letters of intention to enter into a contract as recommended by the evaluation committee.”
BOC had contended that KNH breached the procurement law by failing to notify the successful tenderers of the outcome at the same time as the unsuccessful ones.
It cited failure by the hospital to indicate the reasons for which its tender was non-responsive in respect of the items whose tender was handed to Noble Gases International.
BOC Kenya currently supplies KNH with medical gases on a request for quotation basis but was notified it was only to supply two items, which birthed its protest.
