Day: 29 August 2020

Preliminary/Mandatory Evaluation in Public Procurement in Kenya: Necessary Formalities or Undue Technicalities?

“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 …

Preliminary/Mandatory Evaluation in Public Procurement in Kenya: Necessary Formalities or Undue Technicalities? Read More »

(Part 2) Information to Bidders – What Criteria Needs to be Satisfied Before a Person is Eligible to Bid?

The criteria are listed under Section 55 of the Public Procurement and Asset Disposal Act (hereinafter the “Act”) and include: The person has the legal capacity to enter into a contract for procurement or asset disposal. Capacity to contract means the legal competence of a person to enter into a valid contract. Ordinarily, capacity to …

(Part 2) Information to Bidders – What Criteria Needs to be Satisfied Before a Person is Eligible to Bid? Read More »

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