Public Procurement Administrative Review Board (PPARB) is on the spotlight for favoring a Chinese firm, Jiangsu Rainbow Industrial equipment company in application No 41/2024 of May g 2024 in relation to tender No KPA 1156/2023-24.
The tender was for design, manufacture, supply testing and commissioning of 10 fully built rubber tyred cantry cranes.
Joshua Kiptoo, chaired the PPARB panel that had members; Susan Mambo and Alexander Musau. PPARP secretariat had Philemon Kiprop and Anthony Simiyu. The composition of the PPARB team is suspect since it had a Kalenjin chairing, and Kiprop key from the secretariat.
This blog has information then infrastructure and Roads cabinet secretary Kipchumba Murkomen now at Sports was fronting for Jiangsu Rainbow Limited.
ZMPC sued Kenya Ports Authority with Jiangsu joining as interested party.
It all started when KPA using a restricted tendering method invited three firms to participate with submission deadline being April 4 at 10 am. Surprisingly, КРА extended deadline to Thursday, April reason given was that this was to offer clarifications to various questions aimed at helping jiangsu work on its paperwork after discovering it had many missing links filled on tender papers.
According to the signed tender opening minutes dated April 11 2024, a confidential file submitted by KPA showed only one tender of Jiangsu Rainbow was submitted in response to the subject tender by the extended tender submission deadline. The question here was why was the deadline extended? Remember, KPA claimed the extension was based on clarifications to various participants. In short, other participants did not get clarifications but only Jiangsu Rainbow managed.
Jiangsu as per evaluation committee bagged US dollars 21,200,000 with a delivery period weeks.
Using current Kenya shilling rate to a dollar, it is equivalent to Ksh56 billion.
Documents we have reveal, КРА supply chain management general manager Eveline Shigholi hand was secretly noticed in evaluation committee recommendation in favour of Jiangsu Rainbow.
The controversial firm known for lobbying and bribing to win tenders was notified of the award in a letter dated April 26 2024.
Jiangsu Rainbow Industrial Equipment Company Limited according to documents seen by this blog is located at Danggian Gate, Tiacang, Port Economic and Technological Development Zone, Tacang city, Suzhou, Jiangsu, China.
Kenyan hour has information, Zhang Xiaabb is Jiangsu director that was involved in overseeing the firm win the tender at all costs. He is said to be close to Murkomen. He hosted Murkomen while Transport and Infrascture CS several times in China while on official tour.
Briefs we have is that, the new Transport and Infrastructure CS Davis Chirchir is to broker deals for Jiangsu of course with the support of State House.
It is imperative to note, the same Zhang Xiabo filed a replying including written submissions, both dated May 23 2024.
ZMPC keyman or country representative in Kenya is Dong Nan. He is in charge of marketing. ZMPC stands for Zhenha port machinery corporation Limited.
ZMPC had filed the request for review using its letterhead with its full registered name Zhenhua Port Machinery Corporation Limited and its acronym PMC. It argued, the acronym PMC was erroneously captured as ZMPC and urged the board to overlook this technicality as mandated by Article 159(2)(d) of the constitution of Kenya.
He further urged the board to take judicial notice that by public notoriety ZPMC refers to Zhenhua Port Machinery Corporation and that KPA had erroneously misconstrued ZPMC as a brand name.
To them, jiangsu as an interested party in the case and KPA were mistaken in suggesting that ZPMC was neither a tenderer nor a candidate in the subject tender.
KPA is said to have carried out a restricted tender but proceeded to make an award to the Jiangsu which had not been prequalified.
This blog has established jiangsu was just sneaked into the tender as three original tenderers were ZPMC-Zhenhua Corporation Ltd and Mitsui and Zalmar Ltd. Was the extension of the tender done to favor Jiangsu?
КРА claimed ZMPC was neither a natural or juristic person but a brand name and in the circumstance incapable of suing or being sued.
KPA stated, tender document were given to Zhenhua Port Machinery Corporation, Mitsui E&S Machinery Limited and Jiangsu Rainbow Industrial Equipment Co Ltd. To technically lock out ZMPC, KPA stated, it was erroneous for ZMPC to purport to claim the tag of a candidate in the subject tender when ZMPC did not obtain a tender documen firm
Another Chinese Shạnghai Zhenhua Heavy Industries Co Ltd was invited to participate in the tender but bolted out due to huge kickbacks demanded by Murkomen aides.
Even after the board inquired from the ZPMC was a brand and getting affirmative respond, it did not matter in the ruling raising eyebrows. Remember, the board had at the same time inquired from Jiangsu if it was associated with the brand Kalmar to which it acknowledged.
This blog has information, Jiangsu worked behind the scenes and got documents to show it purchased the intellectual property rights in respect of the Kalmar brand from Cargotech Group.
During the hearing, when asked to comment on the date when the purchase of intellectual property rights was made, Jiangsu indicated it could not confirm the exact date but was certain that it was before the date the invitation to tender was sent to the interested party.
The board in its ruling stated, it had keenly studied the letterbead on which the request: for review was filed and observed that the letterhead contains Chinese characters and the only discernible phrases are Shanghai Zhenua Heavy Industries Co Ltd ZPMC address 3261 Dongtang Road, Shanghai 200125 PR China.
Thus from the letter head it is impossible to tell the relationship between ZPMC and Shanghai Zhenua Heavy Industries Co Limited as well as Zhenhua Port Machinery Corporation.
KenyanHour 