The Independent Electoral and Boundaries Commission (IEBC) has acknowledged an error in its tender for a new elections management system after mistakenly requiring bidders to provide performance security worth 20 per cent of the contract price. The commission says it has identified the mistake and is preparing an addendum to amend the requirement. Under the law, performance security is capped at 10 per cent of the contract price.
The admission comes as the IEBC faces a challenge over its tender for the Integrated Elections Management System (IEMS), which was advertised on August 11. Despite admitting the error, the commission has defended the tender, rejecting allegations that it is discriminatory, defective or structured to benefit a particular company.
IEBC Defends Ksh30 Million Tender Security
The electoral commission has also defended its decision to set tender security at Ksh30 million. According to the IEBC, the procurement is a framework contract, allowing it to set tender security as a fixed amount rather than calculating it as a percentage of the contract value.
The commission has further dismissed claims that the tender specifications were designed to favour South Korean technology company Miru Systems Limited. IEBC maintains that the allegations are speculative and that no specific tender requirement has been identified as giving the company an unfair advantage.
The commission says bidders must fully comply with the requirements, including meeting applicable tax compliance rules in their respective countries.
40 Per Cent Local Content Requirement
The IEBC has also pointed to a 40 per cent local content requirement included in the tender. The commission says the provision is intended to encourage local participation and facilitate skills and technology transfer.
Procurement Challenge
The tender is being challenged by Galadirel Investments Limited, which claims the procurement process contains several irregularities and violates Article 227 of the Constitution on fair, equitable, transparent and competitive procurement. Through lawyer Julius Miiri, the applicant argues that the tender document does not disclose the contract value despite specifying Ksh30 million as tender security.
The company further alleges that the document contains omissions, contradictions, unclear requirements and incomplete provisions that could affect competition and the evaluation of bids. According to the applicant, these issues could undermine equal treatment of bidders and make it difficult for prospective tenderers to prepare comparable and responsive bids. The Public Procurement Administrative Review Board is expected to rule on the challenge next Friday. IEBC has asked the Board to dismiss the case and allow the procurement process to resume.
