The public procurement watchdog has dismissed a petition by Leonardo Technologies challenging the award of Sh970.28 million tender to Indra Limited by the aviation regulator to install an air traffic management system at the Jomo Kenyatta International Airport (JKIA) in Nairobi.
Leonardo Technologies who were eying the job but lost had sought a review of the award of the tender to Indra Limited to supply, deliver, install and commission an air traffic management system, GPS clock system and voice and data logging system.
The Public Procurement Administrative Review Board (PPARB) has however rejected their prayers, saying that Indra Limited won the tender on merit.
“The request for review filled by the applicant herein on 5th May, 2022 for Supply, delivery, installation and commissioning of air traffic management system, GPS clock system and voice and data logging system, be and is hereby dismissed,” the board said in a ruling.
The feud arose from the Kenya Civil Aviation Authority's invitation in December 2021 of bids to supply and install the air traffic management system.
The international open tender attracted five bidders whose proposals were opened on 25th March 2022.
The bids included Indra Limited (€7.69 million), Intelcan Techno System ($6.67 million), IBrosss.r.o (€6.99), Leonardo Technologies Services Limited (Sh127 million, $1.2 million and € 5.74 million) as well as Geci Espanola S.A (€ 8.67million).
Only three firms including Indra Limited, Leonardo Technologies Services Limited and Geci Espanola S.A were allowed to move to the next tender stage.
After technical and financial evaluations, the tender committee in April 2022 recommended that the contract be awarded to Indra Limited at a sum of Sh970.28 million.
Leonardo Technologies Services however claimed that in awarding the contract, KCAA failed to evaluate Indra’s Limited bid in accordance with the tender document, the Public Procurement and Asset Disposal Act No 33 of 2015 and the regulation to determine its qualification and responsiveness.
“Before the award of the subject tender, the second respondent conducted a detailed due diligence on similar projects undertaken by the interested party and confirmed that the interested party had adequate experience to implement the project with all the required components for the subject tender,” the board said.