Kall Co claims unfair tendering, $15m Valsayn bridge contract suspended

A tribunal of the Office of Procurement Regulation (OPR) has suspended the award of a multi-million contract for the Ministry of Works and Transport’s Valsayn Avenue Bridge project to Maraj Hill General Contractors Company Ltd.

On September 25, a panel comprising Sparkle Selman, David Charlerie and Joy Joseph-Lara ordered the suspension of the project until a challenge of the procurement process by Kall Co Ltd against the National Insurance Property Development Company Ltd (Nipdec) is determined, or until further ordered.

According to documents obtained by Newsday, on September 19, Kall Co asked the OPR to review the award of a contract for the Valsayn Avenue Bridge reconstruction and associated works undertaken by the Ministry’s Project Management Unit under the Programme for Upgrading Roads Efficiency (PURE).

Nipdec awarded the $15.1 million contract to Maraj Hill on September 9.

However, in its challenge, Kall Co Ltd alleged tender rules were not observed and Nipdec did not properly, fairly, competently, and lawfully assess its technical bid.

It also contends the award of the contract “was not done following good procurement practices."

In June, Nipdec invited tenders for the project and nine companies submitted bids but one did not submit valid compliance certificates.

Documents show that Kall Co’s bid was the second lowest at $13,213,752.75. Other unsuccessful bidders included Junior Sammy Contractors and Lutchmeesingh Transport Contractors Ltd.

Nipdec indicated that Kall Co failed the technical approach, methodology and programme of execution of works. It further stated that the firm provided generic information related to the key components of the works.

“Information regarding shoring, demolition of the existing bridge, construction of the abutment base and other area of the scope such as installation of drainage layer behind abutment and retaining wall, structural backfill behind abutment and retaining wall, and erosion control measures was either vague or not mentioned,” Nipdec said.

While the minimum score for this category was 34 points, Nipdec said Kall Co scored 27.75, while Maraj Hill scored 90.5 points out of 100 in the technical/financial evaluation.

However, Kall Co contends that that Nipdec’s decision to “fail” them was not properly explained and/or particularised and its assessment of the company’s technical approach is subjective, erroneous, unlawful and not in keeping with the obligations expressed and/or implied under the tender obligations.

Kall Co further claimed that Nipdec did not reasonably seek clarification on the “purported vagueness or anything being generic” under Sec 33 of the Public Procurement Regulations.