The Independent Electoral and Boundaries Commission (IEBC) has admitted that its tender for a new election management system contains an error.

The commission said it mistakenly required bidders to provide performance security equivalent to 20% of the contract price.

IEBC said it has identified the mistake and is preparing an addendum to correct it.

The law limits performance security to 10% of the contract price.

Read More

IEBC Defends Tender Requirements

The admission comes as IEBC faces a challenge over the tender for the Integrated Elections Management System.

The tender was advertised on August 11.

Despite acknowledging the performance security error, IEBC has defended the rest of the tender.

The commission rejected claims that the procurement process is discriminatory or designed to favor a particular company.

IEBC also defended the Ksh.30 million tender security.

It said the procurement is a framework contract and that the law allows tender security to be set as a fixed amount instead of a percentage of the tender value.

The commission further denied claims that the specifications were designed to favor South Korean firm Miru Systems Limited.

IEBC described the allegations as speculative. It said the applicant had not identified any specific requirement that gives the company an unfair advantage.

“The tender is strict, it’s either you are compliant or not; for the bidder to succeed, it should be hundred percent,” IEBC argued.

The commission also said foreign bidders are required to demonstrate tax compliance using the relevant documents issued in their countries.

IEBC said the successful bidder will also be required to meet a 40 per cent local content threshold.

It said the requirement is meant to encourage local participation and promote skills transfer.

Firm challenges procurement process

Galadirel Investments Limited has challenged the tender before the Public Procurement Administrative Review Board.

The company argues that the tender is flawed, discriminatory and violates Article 227 of the Constitution.

Through lawyer Julius Miiri, the firm questioned the Ksh.30 million tender security despite the tender document not stating the estimated contract value.

The applicant also argues that the tender contains omissions, contradictions and unclear requirements.

It says these issues could prevent bidders from preparing comparable and responsive tenders.

The company further argues that the problems could affect competition, evaluation and equal treatment of bidders.

IEBC has asked the Review Board to dismiss the challenge and lift the suspension on the procurement process.

The Board is expected to deliver its decision on Friday next week.