- CHRJ executive director Julius Ogogoh on Saturday told the Star there are questionable submissions in the tender process.
- Tavevo Water and Sewerage Company Limited managing director Rose Mbiko in a rejoinder said the tender in question is yet to be awarded.
Image: BRIAN OTIENO
A human rights lobby group has raised concern about how a tender for a water project in Taita Taveta county is being floated.
Commission for Human Rights and Justice wants Tavevo Water and Sewerage Company Limited to cancel tender number TVOTVTTCW000620232024 for the construction of the Kaloleni Water Supply Project in the county, citing a breach of law in the tendering process.
CHRJ executive director Julius Ogogoh on Saturday told the Star there are questionable submissions in the tender process.
“We have information most of the submissions had similar amounts quoted. These contractors are different but most quoted the same amount. It’s like they knew something,” Ogogoh said.
Through their legal representatives N.M Kamwendwa and Co, Ogogoh on Thursday wrote to the water company seeking to be furnished with the minutes and report of the company’s tender evaluation committee.
“Whereas the tender has been awarded, the same has not been awarded to the lowest bidder in breach of the provisions of the Public Procurement and Disposals Act thereby rendering the whole process flawed,” the letter to Tavevo, dated March 28, read in part.
CHRJ gave the water company seven days to furnish them with the requested minutes and reports failure to which they would take legal action.
Tavevo Water and Sewerage Company Limited managing director Rose Mbiko in a rejoinder, however, told the Star the tender in question is yet to be awarded.
“When they talk about extension, it was an addendum to the tender. When a tender is floated, if any of the bidders want information or clarification, it has to be re-advertised as an addendum so that all contractors are on the same page,” Mbiko said on Saturday.
The engineer said this then necessitates an extension of time for the submission of the tenders.
She said the Water Fund, who are the donors, are the ones who give directives to the water companies on procedures to follow for the tender process.
“As we speak, the tender has not been awarded. We are still at due diligence for the shortlisted and in this particular process, the Water Fund guys were part of the team who were evaluating the submitted tenders,” Mbiko told the Star on the phone.
She however said she has not been made aware of the letter from the human rights lobby group.
“I think maybe my management team saw that it is not necessary to pass the letter to me at this stage maybe because I am away for official duty,” Mbiko said.
She said they could not cancel the tender because it had not been awarded yet.
“I don’t know where they are getting their facts from but the thing is, no tender has been awarded. On March 27, before I left office because that was when I was travelling for this official duty, I signed a letter for due diligence giving the mandate to the evaluation team and any other person to follow up on the information given to substantiate,” Mbiko said.
She noted that the award is still far away because due diligence alone, which requires the committee to go through all the submitted documents, will take at least seven days.
“So, I think they are jumping the gun, which is okay for them. As it stands, the tender is yet to be awarded. It is still far off from being awarded,” Mbiko said.