Reference no: EM131160196

Assignment

Subject: Appeal against Tender advert by Kabianga Universty for WIFI Project

Background Information

Kabianga University was in process of advertising for supply, installation and testing of a WIFI system before commencement of the following semester. Students were to report in 45 days' time.

Following the decision of Senate, a tender advert was placed in two widely circulating newspapers for the supply and installation of the WIFI project. Tenders were given 30 days to submit bids. This period was well beyond the 14 days minimum period allowed by law for
such works.

Three bidders responded to the advert. However before the close of the tender period one of the bidders namely, Nakuru Computers Ltd, (NCL) requested for extension of the bid period by one week to enable it secure pertinent information from their Partners in Malaysia who could supply the required equipment very cheaply.

Kabianga University declined the counter offer and as required by law, communicated their decision to NCL, copying the same  communication to all other bidders (without disclosing who had requested for the extension).

Appeal
Nakuru Computers Ltd moved to the Public Procurement Administrative Review Board as established by the Public Procurement and Asset disposal Act, 2015 as lodged a complaint against Kabianga University. NCL pleaded that if the tender period could not be extended by one week Kabianga University would miss out on a competitive bidder who could supply the WIFI at a cheaper price thus saving the Kenyan public exorbitant expenditure from public funds. NCL pleaded that the tender process should be cancelled or alternatively Kabianga University be compelled to extend the tender period by one week.

Question
You are the Public Procurement Administrative Review Board. Discuss the above appeal taking into consideration the issues at hand, the ethical issues, duty to care to public including students and within the powers conferred to you by the relevant sections of
the Public Procurement and Asset Disposal Act, 2015. Make a concise argument against or for in your judgment.

Submission instructions:
Your submission should be typed in 1-point Roman in one page of A4 paper size only.