Introduction One of the election promises made by the Kenya Kwanza Alliance in the Kenya Kwanza Plan, The Bottom Up Economic Transformation Agenda 2022 to 2027, (“the Kenya Kwanza Manifesto/ the Manifesto”) was the setting up of a ”Hustlers Fund”. The Hustler Fund is first mentioned in the Manifesto regarding the promise of transforming the …
Due diligence is the final part of the tender evaluation process. It is also known as post-qualification. The terms due diligence and post-qualification will therefore be used interchangeably throughout this article. Most, if not all tender documents, provide for the conduct of post-qualification, with a varying amount of detail on the process. Now that courts …
Due Diligence in Tender Evaluation and Why it is Important – Part 1 Read More »
In June 2022, the Public Procurement Regulatory Authority (PPRA) issued Guidelines for Registration and Licensing of Procuring or Asset Disposal Agents (hereinafter, “the Guidelines”) for observance by the PPRA, procuring entities and procuring and asset disposal agents (hereinafter, “agents”). The Guidelines are available on the PPRA website here: https://ppra.go.ke/guielines-procuring-disposal/. The Guidelines operationalise the provisions of …
The Prompt Payment Bill, 2021 (Senate Bills No. 16 of 2021) is a Bill that is sponsored by Senator Farhiya Haji, MP and Senator Johnson Sakaja, MP. The Bill is Gazette Notice No. 36 of 2021. At the time of writing this review in early April 2022, the Bill had passed through the 3rd Reading …
Background Financial evaluation is usually the third and penultimate stage in the tender evaluation process. Third because you have crossed the hurdle of preliminary (mandatory) evaluation and technical evaluation. Penultimate because should you pass the financial evaluation stage and emerge as the lowest evaluated bidder and/or the bidder with the highest combined technical and financial score, …
Financial Evaluation In Public Procurement In Kenya Read More »
Following the process of submission of bids by tenderers during the tender closing/opening process of public tenders, the Procuring Entity commences the process of tender evaluation. The tender evaluation process is conducted by an ad hoc tender evaluation committee appointed by the Accounting Officer of a Procuring Entity pursuant to section 46 of the Public …
“Indeed, public procurement practically bristles with formalities, which bidders often overlook at their peril.” Hoexter, 2012 at page 275 as quoted by Justice John M. Mativo in Judicial Review Miscellaneous Application No. 118 of 2019 Introduction Following the advertisement of an Invitation to Tender by a Procuring Entity, bidders who are interested in participating in …
Legal Notice No. 69, Kenya Gazette Supplement No. 53 dated 22 April, 2020 It has been five years since the Public Procurement and Asset Disposal Act, 2015 (hereinafter PPADA or the Act) was passed. Since then, practitioners and other stakeholders in this field have had to rely on the 2006 Regulations with adjustments to fit …
A Summary of the Past and Present Public Procurement in Kenya is currently governed by the Public Procurement and Asset Disposal Act, 2015 (hereinafter PPADA or the Act) and the Public Procurement and Asset Disposal Regulations, 2020 – Legal Notice No. 69 of 2020 (hereinafter the PPAD Regulations or the Regulations). The Regulations were adopted …
