Chinese Company Takes Government To Court For Not Awarding Them Tender

by Mahakamani News

China International Water and Electric Corporation that builds dams and Irrigation infrastructure projects wants the procurement board to review a Sh30 billion tender issued for the construction of Lowaat Dam.

CIWE alleges that the board did not award the subject tender to their company which was the lowest bidder.

The Chinese firm CIWE says that the National Irrigation Board is in breach of the Public Procurement and Asset Disposal Act, 2015 and Public Procurement and Asset Disposal regulations and the Fair Administration Action Act.

“The Applicant be declared the most responsive bidder and the lowest bidder and the tender no. NIB/T/001/2016-2017 for the funding, designing, building and transfer of the Lowaat Dam Project, Turkana County, Republic of Kenya be awarded to the Applicant,” the company says.

CIWE Country Manager Engineer Wang Ruyi, CWE claims that ever since they submitted their bid, they have never been notified of who the successful tenderer in the subject tender was and the reasons they did not get the tender.

NIB however says that the entire procurement process was in accordance with the provisions of the law saying that they issued notification of tender outcome to all the three participating tenderers as required by law by way of letters.

The board further argues that the PPRB has no jurisdiction to hear the dispute by CWE since it was brought out of time.

Lowaat Dam and Irrigation Development project is aimed at harnessing the resources of Kerio River in its lower reaches, to benefit the residents of Turkana East District in Turkana County.

The dam is also aimed at providing reliable water to irrigate over 15,000 Hectares of land around Morulem, Lokubae and Elelea Irrigation Schemes

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