Beruflich Dokumente
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REPUBLIC OF KENYA
CONTENT
Act
PAGE
The Public Procurement and Asset Disposal Act, 2015..................1953
1953
1954
No. 33
Procurement
2015
1955
2015
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and
segregation
of
46Evaluation Committee.
47Procurement function.
48Inspection and acceptance committee.
49Sector-specific procuring and disposal agencies.
50Consortium buying.
51Procuring agents or asset disposal agents.
52Transfer of procuring responsibility to another public
entity or procuring agent.
PART VI GENERAL PROCUREMENT
PRINCIPLES
53Procurement and asset disposal planning.
54Procurement pricing and requirement not to split of
contracts.
55Eligibility to bid.
56Use of list of another state organ or public entity.
57List of registered suppliers.
58Standard procurement and asset disposal documents.
59Limitation on contracts with state and public officers.
60Specific requirements.
61Tender security.
62Declaration not to engage in corruption.
63Termination or cancellation of procurement and asset
disposal proceedings.
64Form of communications, electronic procurement and
asset disposal..
1956
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2015
1957
2015
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1958
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2015
1959
2015
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1960
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2015
of
review
and
suspension
of
1961
2015
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1962
No. 33
2015
Short title.
Interpretation.
No. 18 of 2012.
1963
2015
No. 33
No. 3 of 2003.
1964
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2015
1965
2015
No. 33
1966
No. 33
2015
No. 20 of 2007.
1967
2015
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established
under
the
Cap. 446.
No. 14 of 2013.
No. 42 of 2012.
No. 13 of 2011.
No.1 of 2013.
1968
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2015
No. 18 of 2012.
No. 15 of 2013.
No. 18 of 2012.
1969
2015
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1970
No. 33
2015
Guiding principles.
1971
2015
No. 33
No. 19 of 2012.
Application of the
Act.
1972
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2015
No. 15 of 2013.
Conflict with
international
agreements.
1973
2015
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(b)
(c)
(d)
(e)
Role National
Treasury on public
procurement and
assets disposal.
No. 18 of 2012.
1974
2015
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(k)
The Public
Procurement
Regulatory
Authority.
1975
2015
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(b)
(c)
Functions of
Authority.
1976
2015
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(i)
(j)
that
(i)
(ii)
(iii)
(iv)
benchmarked prices;
(v)
(vi)
1977
2015
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Institute
of
Public
Supplies
Public Procurement
Regulatory Board.
1978
2015
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the
respective
Qualifications of
members of the
Board.
and
supply
chain
(ii) finance;
(iii)
law;
(iv) accounting; or
(v) economics; and
(c) meets the requirements of Chapter Six of the
Constitution.
(2) A person shall be eligible for appointment as a
member of the Board if that person
(a) holds a university degree from a recognized
university in Kenya;
(b) has knowledge and relevant experience of not less
than five years in a management position; and
(c) meets the requirements of Chapter Six of the
Constitution.
12. (1) The Board shall
Functions of the
Board.
1979
2015
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No. 18 of 2012.
Tenure of office.
1980
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2015
Procedures of the
Board.
Director-General of
the Authority.
(2) A person shall not be appointed as a DirectorGeneral under this section unless that person
(a) is a citizen of Kenya;
(b) has a degree in a related field of study from a
university recognised in Kenya, and
can
demonstrate a logical progression in acquiring the
academic qualifications;
(c) has at least ten years experience in senior
management position in procurement and supply
chain management; and
(d) meets the requirements of Chapter Six of the
Constitution.
(3) The Director-General shall be the Chief
Executive Officer of the Authority and the Secretary to the
Board.
16. The Director-General appointed under section
15(1) shall hold office for a term of three years but shall be
eligible for re-appointment for a further term of three years.
Term of office of
Director-General
Functions of the
Director-General.
1981
2015
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(b)
Restrictions on
activities of
Director-General
Terms and
conditions of
service of DirectorGeneral and staff
Vacancy of office.
Removal of
Director-General.
1982
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2015
Acting DirectorGeneral.
Staff of the
Authority.
Financial
arrangements
1983
2015
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Audit.
No. 12 of 2003.
Annual reports.
1984
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2015
Establishment of the
Public Procurement
Administrative
Review Board.
Functions and
powers of the
Review Board.
1985
2015
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Composition of the
Review Board.
Qualifications of
members of the
Review Board.
1986
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2015
Tenure of office.
Terms and
conditions of
service of the
Review Board
members.
Roles and
Responsibilities of
the County
Government.
1987
2015
government
compliance;
entities
including
No. 33
ensuring
Powers to ensure
compliance.
Investigations.
1988
Public Procurement and Asset Disposal
No. 33
2015
Powers of
investigators.
Report of
investigation.
Order by the
Director-General.
1989
2015
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Request for a
Judicial review.
No investigation if
issue before Review
Board.
Debarment.
1990
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2015
Judicial Review.
1991
2015
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Inspections,
Assessments and
Reviews relating to
contracts,
procurement and
asset disposal
proceedings.
Responsibilities of
the accounting
officer.
1992
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2015
(f)
(g)
No. 18 of 2012.
1993
2015
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Corporate decisions
and segregation of
responsibilities.
Evaluation
Committee.
1994
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2015
1995
2015
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Procurement
function.
Inspection and
acceptance
committee.
1996
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2015
Sector-specific
procuring and
disposal agencies.
Consortium
buying.
Procuring agents or
asset disposal
agents.
1997
2015
No. 33
Transfer of
procuring
responsibility to
another public
entity or procuring
agent.
1998
No. 33
2015
Procurement and
asset disposal
planning.
1999
2015
No. 33
Procurement pricing
and requirement not
to split of contracts.
Eligibility to bid.
2000
No. 33
2015
Use of list of
another state organ
or public entity.
2001
2015
No. 33
List of registered
suppliers.
Standard
procurement and
asset disposal
documents.
Limitation on
contracts with state
and public officers.
Specific
requirements.
2002
No. 33
2015
technical
requirements
shall,
where
Tender security.
2003
2015
No. 33
Declaration not to
engage in
corruption.
Termination or
cancellation of
procurement and
asset disposal
proceedings.
operation of law; or
2004
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2015
Form of
communications,
electronic
procurement and
asset disposal.
2005
2015
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Inappropriate
influence on
evaluations, etc.
Corrupt, coercive,
obstructive,
collusive or
fraudulent practice,
conflicts of interest.
2006
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part
in
the
procurement
2015
2007
2015
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Confidentiality.
2008
2015
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Procurement
records.
2009
2015
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Procurement
approvals.
2010
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2015
Standard tender
documents.
2011
2015
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2012
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2015
(j)
(k) a provision for providing details of subcontractors for the bidder, where applicable, and
a declaration that the sub-contractors have
complied with this Act; and
(l)
Registration of
suppliers.
2013
2015
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Responsibility for
complying with
Act, etc.
Initiation of
procurement
process.
Invitation to tender.
2014
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(j)
2015
Modifications to
tender documents.
Modification of
bids.
Submission and
receipt of tenders.
2015
2015
No. 33
Opening of tenders.
2016
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2015
2017
2015
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Responsiveness of
tenders.
Evaluation of
tenders.
2018
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2015
Clarifications.
No correction of
errors.
Post-qualification.
2019
2015
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Professional
opinion.
Successful tender.
Recommendation
for contract
awards.
2020
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2015
Notification of
intention to enter
into a contract.
Extension of tender
validity period.
International
tendering and
competition.
2021
2015
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Classified
procurements and
disposals
2022
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2015
Choice of
procurement
procedure.
Methods of
procurement.
2023
2015
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force account;
(j)
competitive negotiations;
Pre-qualification.
2024
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2015
Prequalification
documents.
2025
2015
No. 33
Approval of prequalified
candidates.
Advertisement.
2026
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2015
Provision of tender
documents.
Two-Stage
Tendering.
2027
2015
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Procedure for
design competition.
proposals
through
public
2028
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2015
Restricted
tendering.
2029
2015
(b)
(c)
(d)
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When direct
procurement may be
used.
2030
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2015
2031
2015
No. 33
Procedure for
request for
quotations.
2032
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2015
quotations
(a) the procuring entity shall place a purchase order
with the person submitting the successful
quotation;
(b) the person submitting the successful quotation
shall confirm the purchase order in writing; and
(c) an
accounting
officer
shall
consider
recommendations for award arising from a
contract under procurement by a request for
quotations for approval or rejection.
G Low - Value Procurement
107. A procuring entity may use a low-value
procurement procedure if
When low-value
procurement may be
used.
H Force Account
109. (1) A procuring entity may use force account by
making recourse to the state or public officers and using
public assets, equipment and labour.
(2) A procuring entity may use force account by
making recourse to the state or public officers and using
public assets, equipment and labour which are competitive
and where
(a) quantities of work involved are small and
scattered or in remote locations for which
qualified construction firms are unlikely to tender
at reasonable price and the quantities of works
cannot be defined in advance;
Force Account.
2033
2015
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Reverse Auction.
Procedure for
Reverse Auction.
2034
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2015
Successful reverse
auctioneering bid.
JFramework Agreement
114. (1) A procuring entity may enter into a
framework agreement through open tender if
(a) the procurement value is within the thresholds
prescribed under Regulations to this Act;
(b) the required quantity of goods, works or nonconsultancy services cannot be determined at the
time of entering into the agreement; and
(c) a minimum of seven alternative vendors are
included for each category
(2) The maximum term for the framework agreement
shall be three years and, for agreements exceeding one
year, a value for money assessment undertaken annually to
determine whether the terms designated in the framework
agreement remain competitive.
(3) When implementing a framework agreement, a
procuring entity may
(a) procure through call-offs order when necessary; or
(b) invite mini-competition among persons that have
entered into the framework agreement in the
respective category.
(4) For the purposes of subsection (3)(a), call-offs
order means an order made using a framework agreement
with one or more contractors, suppliers or consultants for a
defined quantity of works, goods, consultancy covering
terms and conditions including price that users require to
meet the immediate requirements.
(5) Evaluation of bids under category specified by
subsection (3)(b) shall be undertaken by an evaluation
committee as provided for under this Act.
(6) A procurement management unit shall prepare and
submit to the accounting officer with a copy to the internal
auditor quarterly reports detailing an analysis of items
procured through framework agreements and these reports
shall include, an analysis of pattern of usage, procurement
Framework
agreement.
2035
2015
No. 33
Application of this
Part.
(a)
Terms of reference
and invitation of
tenders from
shortlisted firms.
Request for
proposal inviting
expression of
interest.
Notice inviting
expressions of
interest.
2036
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2015
Opening of
proposals.
Evaluation and
shortlisting.
2037
2015
No. 33
Determination of
qualified persons.
Request for
proposals to
qualified persons.
2038
No. 33
2015
Selection methods
for requests for
proposals.
2039
2015
No. 33
carried
out
in
2040
No. 33
2015
Evaluation of
proposals.
2041
2015
No. 33
Successful
proposal.
Negotiations with
successful request
for proposal
tenderer.
Contract
requirements.
2042
No. 33
2015
Restriction on
entering into related
contracts.
Competitive
Negotiations.
Procedure for
Competitive
Negotiations.
2043
2015
No. 33
Preparation of
contracts.
Creation of
procurement
contracts.
2044
Public Procurement and Asset Disposal
No. 33
clarifications
proceedings.
that
emanate
from
the
2015
procurement
(b)
Tender Form;
(c)
(d)
Schedule of Requirements;
(e)
Technical Specifications;
(f)
(g)
(h)
Notification of Award.
of
quantities
Refusal to sign
contract.
2045
2015
No. 33
Changes to contract
responsibilities.
Publication of
procurement
contracts.
Amendments or
variations to
contracts.
2046
No. 33
2015
Interest on overdue
amounts and
liquidated damages.
2047
2015
No. 33
Framework
Contracting.
Performance
Security.
Nature of
performance
security.
Seizure of the
performance
Security.
2048
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2015
Recovery of the
performance
Security.
Advance payment.
Amount of advance
payment and its
security.
2049
2015
No. 33
Use of advance
payment.
Sub-contracting.
Contract
administration.
Complex and
specialized contract
implementation
team.
2050
No. 33
(j)
2015
2051
2015
No. 33
Contract
monitoring.
Termination of
contract.
Requirement for
preferences and
reservations.
2052
No. 33
2015
Participation of
candidates in
preference and
reservations.
2053
2015
No. 33
2054
No. 33
2015
2055
2015
No. 33
days
after
Procurement plans
and monitoring
compliance.
2056
No. 33
2015
Receipt, and
recording of goods,
works and services.
Objectives of
Inventory Control,
Asset and Stores
Management and
Distribution.
Inventory, Stores
and Assets
Management
system.
Management of
Inventory, Stores
and Assets.
2057
2015
No. 33
Disposal committee.
Disposal procedure.
2058
No. 33
2015
Methods of
disposal.
2059
2015
No. 33
Restriction on
disposal to
employees, etc.
Request for a
review.
2060
No. 33
2015
Notification of
review and
suspension of
proceedings.
Rejection of
requests by Review
Board Secretariat.
Parties to review.
Completion of
review.
Dismissal of
frivolous appeals.
Powers of Review
Board.
2061
2015
No. 33
Right to review is
additional right.
Right to judicial
review to
procurement.
2062
No. 33
2015
Prohibitions and
offences.
2063
2015
No. 33
(b)
2064
No. 33
2015
Protection from
personal liability
and indemnity.
Consultative
meetings.
Making of
Regulations.
Code of Ethics.
Repeal of No. 3 of
2005 and savings.
2065
2015
No. 33
Transitional
provisions.
2066
No. 33
FIRST SCHEDULE
2015
(s. 14(1))
Voting.
Chairperson and
Vice-chairperson.
Secretary.
Minutes.
2067
2015
SECOND SCHEDULE
No. 33
(s. 31(3))
2068
No. 33
2015
THIRD SCHEDULE
(s. 183)
TRANSITIONAL PROVISIONS
Existing procurement
proceedings continued
under repealed Act.
Confidentiality in
relation to past
proceedings.
Records of past
procurements.
Publication of existing
contracts.
Amendments to existing
contracts.
Interest on overdue
amounts under existing
contracts.
2069
2015
No. 33
Investigations,
Inspections,
Assessments, and Audits
relating to prior
contracts.
Administrative review,
etc. for existing
proceedings.
Continuation of existing
investigations.