Tender controversy hits Westlands NG-CDF school projects

Chaos erupted at the Westlands Constituency Development Fund (CDF) office on Wednesday as contractors raised concerns over the dilution of tender requirements.

The requirements, initially published in a July 12 advert, have undergone two reviews through addendums issued by the Constituency Development Fund (CDF) office.

In both instances, the threshold for contractors bidding on the projects was lowered, raising questions during the tender opening exercise.

It also emerged that officials who presided over the tender opening were drawn from Limuru CDF office further eliciting questions whether the Westlands CDF office did not have capacity for the exercise.

Westlands CDF Fund manager, Laboso Chepng’eno was also present among other officials.

The Standard established that the exercise, which was chaired by Joseph Kagwina from Limuru constituency was interrupted severally by contractors who alleged that the variations to water down procurement requirements might rig in unqualified firms.

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“The addendums have significantly lowered the requirements for the contractors and we are wondering whether this was designed with specific contractors in mind,” said one of the contractors who attended the tender opening.

One of the primary concerns is the reduction in the required National Construction Authority (NCA) certification.

Initially, contractors were required to hold a valid Contractor Annual Practising Licence in category NCA4. Firms with NCA4 certification can undertake construction of projects valued at up to Sh200 million.

However, in the subsequent addendums, this requirement was reduced to NCA8 certification, which can only handle construction projects worth up to Sh10 million.

The contractors questioned the rigour and fairness during evaluation after the requirement was lowered to NCA 8 yet some of the tendered works would exceed the Sh10 million threshold.

In the heat of arguments, Kagwina said that directives to water down the procurement requirements were issued by the director of Public Procurement Regulatory Authority (PPRA).

“Are you saying that the director PPRA will own up to watering down the tender documents?” the contractor asked. Kagwina answered: “Yes.”

Additional changes to the tender requirements also raised eyebrows.

The original tender mandated that a self-declaration by the tenderer, confirming they have not been debarred by local procurement authorities, be accompanied by a commissioner of oaths.

The same applied to a declaration that the tenderer would not engage in corrupt practices. However, the subsequent addendums removed the necessity for these declarations to be commissioned by a commissioner of oaths.

“Are you saying that I can declare these myself and you believe me without a commissioner of oaths seal?” said another contractor.

It emerged that the original tender documents required bidders to attach certificates for Occupational Safety and Health Administration (OSHA) compliance and Work Injury Benefits Act (WIBA) cover from registered insurance companies.

These requirements, which ensure the safety and compensation of workers on construction sites, were eliminated in the subsequent addendums.

Some contractors raised questions over the rationale behind omitting these crucial safety and welfare provisions in projects that will be undertaken in learning institutions with children.

“Why would the CDF office remove requirements that take care of the workers and children by guaranteeing safety at construction sites or offer some compensation in case of an injury? Do they value the people who will be working at these construction sites, many of whom will be drawn from the constituency? It serves the interests of the constituency to retain such requirements in a tender,” said another contractor.

The constituency put bid for companies to construct various school projects, including a dormitory at Kangemi High School, two laboratories and staircases at Farasi Lane Secondary School, four classrooms and staircases at Cheleta Primary School, 10 classrooms, a ramp, and staircases at Westlands Primary School, and four classrooms at Lower Kabete Primary School.

The projects will be funded by the National Government – Constituency Development Fund (NG-CDF).

“Ordinarily, addendums offer clarity on issues that may have not been clear in the original tender document or answer queries from contractors but in this case, they appear to have completely altered the original tender,” said the contractor.