Pursuant to Section 181 of the Public Procurement and Asset Disposal Act, 2015, the Public Procurement Regulatory Authority issues the Code of Ethics set out in the schedule hero, to be observed by persons participating in Public Procurement and Asset disposal activities in Kenya.
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The Public Procurement and Asset Disposal Act, 2015 (the Act) came into effect on January, 7th 2016. The Act gives effect to Article 227 of the Constitution which provides that public procurement should be conducted in a system that is fair, equitable, transparent, competitive and cost-effective. In order to fully operationalize the Act, the National Treasury is has finalized the Regulations after countrywide stakeholders’ consultation and input. The Regulations are anticipated to be in place as soon as they are approved by Parliament pursuant to Section 180 of Act.
Sections 91(f), 58 and 70 of the Act vests the responsibility of developing and issuing of standard bid/tender documents and formats to Public Procurement Regulatory Authority (the Authority). To this end, the Authority with technical support from GIZ has reviewed, updated and developed new standard tender documents and formats while incorporating changes in the Act and international best practices. The aforementioned standard bid/ tender documents and formats will be realigned to the Regulations mentioned in the preceding paragraph.
The Public Procurement Regulatory Authority (the Authority) established under the Public Procurement and Asset Disposal Act, 2015(the Act) is mandated to among others: monitor the public procurement and disposal system, report on its overall functioning, and recommend areas of improvement. To this end, the Authority embarked on the process of conducting a country procurement assessment (the Assessment) Using OECD – DAC Joint Venture Methodology whose objective is to identify weaknesses in the legal framework and in the applications in order to come up with recommendations for improvements and remedial measures against weaknesses and irregularities in the system.
Due to the complexity and specialized nature of the assignment; independence and the relevance of the results/report locally and internationally, GIZ extended technical assistance to the Authority by engaging a consultant to manage the assessment cited above. As part of the scope of the assignment, the consultant was expected to prepare TORs and RFP document; spearhead planning, and manage the contract to ensure that the contracted firm delivers the assignment.
The consultant identified for the above assignment offered technical expertise in the processing of the Expression of Interest and preparation of the terms of reference and request for proposal document used to source bids/proposal. The process of identifying and engaging a firm to conduct the assessment has since been concluded and the Authority signed a contract agreement with successful bidder, to conduct the assessment. Note that the scope of the assignment was 34 days and the initial consultant has since implemented 16 days with 18 days remaining to conclusion. However, the GIZ program under which the initial consultant contract was anchored ended before the assessment was concluded.
Arising from above, the Authority intends to procure the service of the initial consultant to manage the assessment for the remaining phase through Single Source Selection method in accordance with Section 124(12)(b) of the Act as the tasks to be carried out represent a natural continuation of previous work/tasks carried out by the initial consultant, contracted by GIZ.
This intention notice to single source is made pursuant to Section 124 (14) of the Act and interested persons are required to submit their interest enclosed in plain sealed envelopes, marked with the relevant Number and Name and should be deposited in the Tender Box provided at PPRA Office on the 10th floor, National Bank Building, Harambee Avenue, Nairobi so as to be received on or before Thursday, 8 th February, 2018 at 10.00 a.m. and addressed to:
Public Procurement Regulatory Authority,
P. O. Box 58535 – 00200,
The Treasury Circular No . 02/2016 dated 29th March, 2016 issued Under cover of letter Ref. No .NT/PPD.1/2/02/PART1 11(75) sets out the guidelines for operationalization of the Public Procurement and Asset Disposal Act, 2015. It is incumbent upon procuring entities to ensure that the Act is implemented as guided in the aforementioned Treasury Circular.
As part of continuous transformation of the public procurement system, the Act contains provisions that seek to make available information on procurement and disposal issues to stakeholders such as Parliament and the public.
The Authority through this circular brings to the attention of the Procuring Entities the following various reports to be submitted to it (the Authority) under the Act.
Reports on General Procurement Transactions
1. Terminations of Procurement and Asset Disposal Proceedings
2. Direct procurements of a value exceeding Kshs. 500,000/=.
3. Disposal of public asset(s) to employees.
4. Contract awards
5. Contract Amendment/Variation
6. Report on seeking approval for use of Alternative Selection
Method other than Quality Cost Based Selection (QCBS) for
Report on Preferences and Reservation scheme
7. Quarterly Report on all contract awards where Preferences and
Reservation scheme is used including Preferences and
Reservations Scheme for Disadvantaged Groups (Youth, Women
& Persons with Disability); Micro, Small & Medium Enterprises;
Identified Regions; Citizen Contractors; Resident
Suppliers/Contractors at the County levels; Bias to Local
Participation (40%) on International Tenders and other
categories as may be prescribed in the Regulations.
8. Six (6) Months report (July to December; due by mid-January
and January to June; due by mid-July of every Financial Year)
on Preferences and Reservation of contracts awarded to Youth,
Women and Persons with Disabilities.
9. Part of the Annual Procurement Plan demonstrating
procurements set aside under the Preference and Reservation
In order to comply with the aforementioned mandatory reporting requirements, Accounting Officers are required to submit the above stated reports to the Authority in accordance with the format and timelines prescribed in the Act, attendant subsidiary legislations and this circular.
Note that this circular supersedes all previous circulars on mandatory reporting requirements issued under the repealed Public Procurement and Disposal Act, 2005
Please bring the contents of this circular to the attention of all officers involved in the Public Procurement and Disposal System within your jurisdiction.
A summary of the required reports including the reporting templates are attached to this circular and are numbered pages1-16.
Maurice Juma, MBS