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    CITIZENS GUIDE TO PUBLICPROCUREMENT:

    Public Procurement Procedures for Constituency Development Funds

    Centre for Governanceand Development

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    This publication was made possible by the generous support of the American people throughthe United States Agency for International Development (USAID) and through support providedby the Department for the International Development (DfID) through the Global Transfer Fund(GTF).

    The contents are the responsibility of CGD and NTA and do not necessarily re ect the views of our partners.

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    iii

    LIST OF ACRONYMS ivFOREWARD v1.0 INTRODUCTION 11.1 De nition of Procurement 11.2 Objectives of Public Procurement 11.3 Characteristics of Good Public Procurement 11.4 Signi cance of Public Procurement 21.5 Linkage of the Budget, Procurement, Finance, Accounts and Audit 31.6 Specifying the need 3

    2.0 PUBLIC PROCUREMENT LAWS AND REGULATIONS 43.0 METHODS AND PROCESSES OF PROCUREMENT 63.1 Methods of Procurement 63.2 Processes of Buying 6

    Through Imprest 6Through quotations 7Through open tender 7

    3.3 Financial limits 74.0 THE ROLE OF COMMITTEES 95.0 STAGES IN THE OPEN TENDER PROCESS 10

    Preparing a Procurement Plan 10Preparation of speci cations 11Preparation of tender documents 11Advertise and sell tender documents 12Preparation, submission and opening of tender documents 12Evaluation of Tender 12Contract award 13

    Contract Preparation 13Signing of Contract 13Performance of Contract 14Receipt, Inspection and Acceptance of Goods 14Distribution of Key Documents 15Disposal of Stores 15Appeal procedures 16

    TABLE OFCONTENTS

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    iv

    BQ Bill of QuantityCBQ Con dential Business Questionnaire

    CDF Constituency Development Fund

    CDFC Constituency Development Fund Committee

    CDFTC Constituency Development Fund Tender Committee

    CID Criminal Investigation Department

    DC District Commissioner

    DDC District Development CommitteeDDO District Development Of cer

    DO District Of cer

    DPO District Procurement Of cer

    KACC Kenya Anti-Corruption Commission

    LPO Local Procurement Order

    LSO Local Service Order

    MP Member of ParliamentMRP Materials Requirements Plan

    PC Provincial Commissioner

    PPDA Public Procurement and Disposal Act

    PPOA Public Procurement and Oversight Authority

    PPDR Public Procurement and Disposal Regulations

    RFQ Request for Quotation

    LIST OF ACRONYMS

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    v

    Procurement is a crucial element in the working unctions o any state. It re ers to the pur-chasing o goods and services in the right quality, rom the right source and the right priceall to meet a speci c need. Every government has the obligation to provide essential servicesto its citizens. In Kenya, procurement consumes 45% o the national budget, excluding lo-cal government procurement. Te close relationship between procurement and developmentdemonstrates that there is need or transparency and accountability in the manner in whichprocurement is conducted.

    Citizens need to understand the basics o procurement and how they can play a part in ensur-ing that public procurement takes place in a pro essional manner. On the other hand, pro-curement entities need to comply with the procurement laws and regulations. In Kenya, weak public procurement legislation and the lack o citizen oversight in procurement procedureshave resulted in enormous waste o taxpayers money. Tis is evident in the management o devolved unds.

    Constituency Development Fund (CDF) procurement procedures have not been e ectively operationalized and both the Public Procurement and Disposal Act (2005) and the 2006 Reg-ulations did not make provisions or CDF procurement when they were enacted. However, on18th September 2009, through a special issue o the Kenya Gazette (Supplement No.63, LegalNotice No.141), the Public Procurement and Disposal (Amendment) Regulations, 2009 wasissued to make provisions or certain important aspects o procurement or constituenciesand local authorities. Tese provisions relate to contractors and membership structures o thevarious committees.

    Te amendment makes two important provisions. First, that or the purposes o section 39{4(c)} o the Act, constituencies and local authorities shall be regions where citizen contractorsor vendors or suppliers who are located and operate in those regions shall be given exclu-sive pre erence when participating in procurement using CDF and Local Authority rans erFunds, except where it is established that local capacity is not available.

    Tere is growing need to create awareness on the procurement rules and regulations, and topromote citizen oversight o public procurement. Te purpose o this guide is to simpli y thepublic procurement laws and regulations in Kenya. Te guide ocuses on CDF procurementprocedures and will be used in building the capacities o Constituency Development FundCommittees (CDFCs) and create awareness among citizens and citizen action groups. Teguide introduces the concept o procurement, highlights the key provisions in the PPDA,

    FOREWARD

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    vi

    2005, the PPDR, 2006 and provides a step by step summary o the procurement proceduresundertaken by CDFCs.

    CGD wishes to thank all those who participated in the development o the guide. In particu-lar, CGD is great ul to Pro essor Peter Lewa or the invaluable research that was undertakenin the development o the guide. CGD is also grate ul to Lucas Onyango, Shummaa Mwan-gome, Andrew Murimi, Stephen Kimotho and Felix Magaju or their important contribu-tions in pretesting and nalization o the guide. Lastly, CGD is grate ul to Felesia Muyia orher role in coordinating the entire process.

    Kennedy MasimeNational Secretary, National axpayers Association &Executive Director, Centre or Governance and Development

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    1Public Procurement Procedures for Constituency Dev

    IntroductionCHAPTER 1Te purpose o this guide is to educate citizens on CDF procurement laws, rules, regulationsand procedures. Te publication also provides a guide or Constituency Development Fundcommittees to ollow when conducting CDF procurement procedures.

    Te objectives o this guide are as ollows: o provide guidelines or CDF committee members to ollow in managing public

    procurement at the constituency level o provide easy to read and understand instructions on how to procure or CDF projects o outline the key processes and steps to observe in procuring or purchasing using

    CDF unds o provide a simple document or use by all those interested in public procurement

    matters

    1.1 Defnition o Procurement Procurement is a common unction carried out in both the public and private sectors. It isan activity or unction that involves the purchasing o goods, works and services to meet anidenti ed need or instance a need or requirement to buy cement and building blocks orbuilding a science classroom or a public primary school.

    Te government is a major buyer o goods and services and just like an individual, the govern-ment must always try to buy wisely.

    Buying wisely means getting good value or money and ensuring there is no wastage.

    Te government must there ore not only look at the best prices or what it buys but also buy rom reputable companies that will not cheat in terms o price, quality and other important

    considerations

    1.2 Objectives o Public Procurement Te main objectives o public procurement in Kenya according to the PPDA 2005 are:

    to maximize economy and e ciency; to promote air competition; to promote integrity;

    to increase transparency and accountability and promote local industry

    1.3 Characteristics o Good Public Procurement o meet the public procurement objectives, there are certain characteristics which are neces-

    sary or good public procurement to occur;

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    Citizens Guide to Public Procurement 2

    Economical and E cient Tis means that the purchases are not waste ul, they are based on market prices and can gener-ate savings. It also means that bad practices such as carelessness leading to wastage, wear andtear o stocks, over invoicing, unplanned expenditure, shortage o goods when needed, poorquality products and similar actors are to be avoided. Te expectation is that suppliers will be

    developed, will grow and consequently, the citizens will see the bene ts o public procurementthrough increased provision o quality goods and services.

    Transparency

    Te procurement process should be transparent and open to public scrutiny.

    Te processes should be capable o being questioned and everything is above board.

    Participatory Tis implies that the suppliers, citizens and other stakeholders e ectively contribute to theoperations o public procurement and in the preparation o the essential legislation as and

    when necessary. It also means that the stakeholders are involved in the making o decisions atall stages o the implementation o public procurement processes.

    Timely Tis means that procurement transactions are made and commitments are met within thereasonable time rame as time is a resource that must be conserved like all other resources.

    Information Flow For e ective public procurement, in ormation should be made available and e ectively com-municated and shared between various stakeholders.

    Arbitration MechanismsTese are adequate, representative, prompt and air ways o receiving and resolving grievanceson procurement issues.

    Watchdog and Supporting InstitutionsTese include pro essional and civil society institutions such as the Kenya Institute o Supplies

    Management (KISM), the Architectural Society o Kenya, Universities and NGOs which areencouraged to play their role in monitoring public procurement procedures.

    1.4 Signi cance of Public Procurement In Kenya public procurement consumes over 65 % o the national budget, including localgovernment procurement.

    Te Kenya government is estimated tospend about Ksh. 100 billion annually in

    public procurement o goods, works and services.

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    3Public Procurement Procedures for Constituency Dev

    Public procurement is certainly an important unction in Kenya with signi cant economicand political implications.

    Trough public procurement citizens are able to realize developments in terms o schools,dispensaries, cattle dips, health centres, rural access roads and other projects that address the

    needs o citizens. An e ective and e cient system o public procurement demands or greatresponsibility on the part o policy makers within the government, particularly those in theprocurement system to ensure that public unds are spent or the bene t o the countrys citi-zens. What the government spends is so huge that it has an important bearing on economicdevelopment. It is easy there ore to see that there is a close relationship between developmentand sound public procurement. Te involvement o citizens in monitoring, evaluating andauditing public procurement activities has huge bene ts or a country.

    Public procurement is monitored and undertaken through an Act o parliament in whichthere are set rules and regulations to be ollowed. Currently in Kenya we have:-

    i. Te Public Procurement and Disposal Act, 2005, which became e ective rom 1st Jan2007.ii. Te Public Procurement and Disposal Regulations (2001), revised in 2006. Te regula-

    tions help in the application and implementation o the law.

    1.5 Linkage of the Budget, Procurement, Finance, Accounts and Audit Public procurement must be linked to the budget, meaning that no procurement will beundertaken or commenced be ore the budget and availability o money to pay the supplieror contractor is ascertained. Finance and accounts must ensure that the cash fow is linked toprocurement plans and the suppliers and contractors are paid in a timely manner and in ac-

    cordance with the contracts.Citizens audits will play their right ul role in confrming that

    the procurement process is compliant with the law,regulations, guidelines and established good practices.

    1.6 Specifying the need Once an individual eels the need or a certain good or service, he/she must describe it well,determine and speci y the characteristics o the item. Te procuring entity must write downthe speci cations or what it wishes to buy. It must buy on the basis o a plan to meet the needs

    o users. echnical speci cations must be clearly detailed by the users in conjunction withprocurement pro essionals or those with the requisite technical knowledge in procurementmatters. A procurement requisition must be lled (See Annex 1, or a sample)

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    Citizens Guide to Public Procurement 4

    Public procurement is a signi cant unction in government operations and is directed by anact o parliament and public procurement regulations that lay down rules and regulations tobe ollowed by all those involved in it.

    Te Law and the Regulations are :-i. Te Public Procurement and Disposal Act (PPDA), 2005. Tis Law became e ective

    rom 1st January 2007.ii. Te Public Procurement and Disposal Regulations, 2006. Te Regulations are meant to

    assist in the application and implementation o the PPDA. Section 27 o the PPDA 2005 emphasizes on the need or procuring entities to comply withthe act, the regulations and any directions o the Authority with respect to procurements. Itplaces the responsibility on the accounting o cer o a public entity. (see the sect. 27.2 below)

    Te accounting o cer o a public entity shall be primarily responsible or ensuring that the public entity ul ls its obligations under subsection

    Section 38 (1) & (2) talks about the inappropriate infuence on evaluations a ter the deadlineor the submission o tenders, proposals or quotations

    Sec. 38 (2) statesA person who contravenes subsection (1) is guilty

    o an ofence and is liable on conviction

    (a) i the person is an individual, to a ne not exceeding our million shillings or to imprisonment or a term not

    exceeding three years or to both; or

    (b) i the person is a corporation, to a ne not exceeding ten million shillings.

    Other examples include involvement in corrupt practices (section 40); raudulent practices(section 41); collusion ( section 42); and conficts o interest (see section 43)..

    Some General penalties are also highlighted in Section 137: According to Section 137 (1) & (2)

    Any person convicted o an ofense under this Act or whichno penalty is provided shall be liable.

    Public Procurement Laws & RegulationsCHAPTER 2

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    5Public Procurement Procedures for Constituency Dev

    a) I the person is an individual, to a ne not exceeding our million shillings or to imprisonment or a term

    not exceeding ten years or to both

    b) I the person is a body corporate, to a ne not

    exceeding ten million shillings In addition to the penalty under sub section (1), the public o cer involved shall su er dis-quali cation rom public o ce while the private individual shall be barred rom participating in uture public procurement o goods and services.

    Te act and the regulations assist those involved in public procurement to observe therights o purchasing or the 5Rs as widely accepted. Observing the5 Rights helps in engaging in wisebuying, reducing the t o unds, misuse o purchased materials, buying rom the wrong sup-pliers, buying at exaggerated prices, colluding with riends to under supply and to cheat users

    among other irregularities. When the basic objectives or aims are achieved then there is wise buying and wise use o unds.Te 5Rs must be achieved or monitored in purchasing or buying (procuring) or CDF unds.Te aims o purchasing or procurement (Te 5 rights) are:-

    a. Right QualityTis re ers to what is required or the intended application or use by the user (speci cation).Users must speci y what they need in writing (speci cation) and all parties involved mustagree on the speci cation

    b. Right TimeTis implies that goods and services must be received at the time when they are expected to beready or use or as and when required as per the contract o supply.

    c. Right QuantityTis re ers to the amount required at the time it is required. Te users must agree on this asper their required use or demand schedule.

    d. e Right Source

    Te right source re ers to vendor/s or suppliers with the capacity to meet the stated needs.Te right source is a supplier who has been competitively

    selected and has met all the necessary requirements.

    e. e Right PriceTis is the value o what is o ered by the vendor or what is negotiated between the buyer andthe vendor. In public procurement the bidder who has the lowest price or the speci ed qual-ity is the one who is usually awarded the tender.

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    Citizens Guide to Public Procurement 6

    Methods & Processes o ProcurementCHAPTER 33.1 Methods of Procurement Te Law provides or three (3) main methods o procurement. Tese are: -

    i. Cash Imprestii. Request or Quotation (RFQ)iii. Open ender

    Tere are however, some exceptions to these methods. Tese are:-

    Restricted Tendering MethodTis method is used in procuring large and complex goods, services or works. Te procedures

    are similar to those used in open tendering, except that the invitations to tender are addressedto a limited number o quali ed candidates. Candidates to be invited using restricted tendershould not be less than three.

    Open International ProceduresTis method is used in cases where an e ective competition could not be attained during open national tendering. In such cases, oreign rms are invited to tender.

    Direct Procurement

    Direct procurement is used when single sourcing or goods,services or works in cases where there are no alternative

    suppliers or frms to compete or business.

    Tis method can also be used during emergencies or national disasters.

    3.2 Processes of Buying rough Imprest

    When buying through imprest, the ollowing steps are ollowed through: A request (requisition) is orwarded by the user to the one with authority to commit

    unds or expenditure (AIE holder) or approval, then directed to the procurement/supplies o ce.

    Costing is done based on the technical speci cations Imprest (cash) is applied or and is used to buy the item Te item is then received by the stores clerk. It is then recorded on the stores ledger

    and control card. (S3 Card) Eventually the item is issued to the user through counter requisition and issue voucher(S3

    card). All involved must sign the S11. Issues o the item/s to the users are also recorded or posted in the S3 (this is re erred to

    as posting).

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    7Public Procurement Procedures for Constituency Dev

    rough Quotations When it is agreed as per regulations to buy through quotation:-

    A requisition is written and approval /authority given/granted. Request For Quotation(RFQ) orms (S10) are sent out to potential bidders. S10 is always attached to S33 (i.e.CBQ: Con dential Business Questionnaire). See annex 3, or a sample CBQ orm. Te

    orms are lled, submitted back and opened by the Procurement Committee or awardo contract to supply. Minutes are then con rmed and LPOs (S20) are raised (see annex 4 or sample LPO).

    For services, LSOs (S21) are raised (see annex 5) Receiving is as above but veri cation is done by the inspection and receipt committee

    which consists o 3 or more members. Members must commit themselves in writing to the decisions made.

    Buying through quotation must be done on the basis o the limitations imposed by the AC and the Regulations

    rough Open TenderTe principal document here is S32 (tender orm) that details the items required plus their re-spective quantities. Tis is where prices are lled. S33 (CBQ) is also mandatory. Other docu-ments include S31 (conditions o tendering) and anti-corruption declaration orms. endersare advertised in any widely circulated daily edition.

    Te duration o tender must be 21 days. Te advertisement captures the closing date andtime, venue o opening and where to deposit the bids. Te location o the tender box mustalso be indicated. Prices quoted must be valid or 90 days. Counting starts rom the date thetender closes (on the 21st day).

    Te tender committee opens the bids on the 21st day, marks and signs the documents. Eachmember o the committee must sign (initial) every page o the tender document. A ter theanalysis is done, the committee critically examines and makes decisions on the tenders andrecommends the awards. Letters o acceptance (S37) are written in two copies. I a supplieraccepts the o er, an LPO is raised.

    3.3 Financial LimitsTe PPDR (2006) speci y how much money a procurement entity should commit in purchas-ing through each o the methods. Tis puts a limit on how much unds should be committed.Tis is re erred to as the threshold matrix or nancial limit o procurement.

    Te limitation o procurement value or ceilings varies depending on the classifcation o a procurement entity.

    Te regulations provide or class A, B and C classi cations.

    Class A:Tis is comprised o government ministries and state corporations (parastatals)

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    Citizens Guide to Public Procurement 8

    Class B:Tis class comprises o provincial hospitals, universities, commissions, parliament, co-opera-tive societies and city councilsClass C:Tis is the class in which CDF committeesare placed. CDF Committees are procurement or

    public entities and are subject to public procurement law and regulations.Procurement entities under class C include:-

    i. CDF committeesii. District hospitalsiii. Health centres/dispensariesiv. Polytechnicsv. Other local authorities (Municipals and county town councils)

    Te Ceilings or this class (Class C) are as ollows:-

    Method of Procurement Ceiling (Kshs) Cash Imprest 5000 and below

    Quotations 5001- 500,000( or good, works and services)

    Restricted Tendering 500,001- 2,999,999

    Open Tender 3 million and above ( or goods)1 million and above ( or services)

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    9Public Procurement Procedures for Constituency Dev

    The Role o CommitteesCHAPTER 4Constituency Development Fund Committees (CDFCs) are committees charged with the re-sponsibility o implementing CDF projects at the constituency level. Te committees consisto 15 members appointed by the sitting member o parliament.

    CDFCs within their discretion determine the installments with which to release unds to identifed projects as well as

    conducting procurement as provided or in the PPDA.

    Several committees are established to make procurement decisions on how CDF unds shouldbe committed in buying goods and services depending on the amount o unds expected tobe utilized.

    i. Constituency Development Fund Procurement CommitteeTe procurement committee is comprised o the ollowing;

    a. An o cial nominated by the und managerb. Te accountant/ nance o cerc. Tree other members nominated by the und managerd. A secretary nominated by the und manager

    Te procurement committee adjudicates and awards procurement contracts through any pro-curement method whose value is below Ksh. 100,000. Te committee adjudicates and awardsprocurement contracts through direct procurement whose value is below Ksh. 200,000.

    ii. Constituency Development Fund Tender CommitteeTe members o the Constituency Development Fund ender Committee (CDF C) include;

    a. Te chairman who is elected by other members o the CDF C.b. Te district o cer (DO) in the constituency. In instances where there is more than one

    district o cer the district o cer whose o ce is nearest to the constituency develop-ment und (CDF) o ce becomes a member o the committee

    c. reasurer o the CDFCd. Four members elected rom the CDFCe. Te secretary who is also the CDFC secretary

    Te tender committee is expected to adjudicate and award procurement contracts by any procurement method except direct procurement whose value is Ksh. 100,000 or above. Tecommittee also adjudicates and awards procurement contracts whose value is Ksh. 200,000or above through the direct procurement method. Te CDF C cannot award contracts whenthe value exceeds Ksh. 10,000,000.

    iii. Inspection and Acceptance Committeeo make sure that there is accountability, an Inspection and Acceptance Committee is estab-

    lished or veri cation o goods, services and works. Te committee signs or acceptance o delivered goods and services and con rms that what is received is what was ordered. See annex

    or a sample o the orm that must be lled by the committee.

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    Citizens Guide to Public Procurement 10

    Stages in the Open Tender ProcessCHAPTER 5Te procurement process ollows a care ully established procedure. Tis process involves sev-eral stages as diagrammatically depicted below. What is involved at each stage is explainedbelow the diagram.

    Source: J.K. Mwangi, PPOA (2009): Presentation to Public Health Systems raining

    Preparing a Procurement PlanPreparing speci cations ollows preparation and approval o a procurement plan or MaterialsRequirements Plan (MRP).

    A procurement plan shows the items that will be required by a particular user and there ore the items

    that will be procured by the procurement entity.

    Te plan shows what will be procured and when and to meet which needs. A procurementplan showing the materials required is derived rom the Bill o Quantity (BQ) or Bill o Ma-terial (BM). Annex 6, is a sample BQ orm. A work plan is recommended or World Bank/IDA unded projects annex 7, is a sample o such a orm while annex 8, is a worked exampleo a work plan.

    o prepare a procurement plan a procurement entity is required to engage users in identi y-ing their needs or the next one year during the government budget planning cycle. Te pro-curement entity then takes into account the needs and prepares a plan showing what will be

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    11Public Procurement Procedures for Constituency Dev

    bought during the year or the entity. All those that bene t rom CDF unds must make theirneeds known to the CDF committee through preparation o procurement plans. Annex 9 and10, are sample work plans or services and works respectively.

    When preparing the procurement plans all the procurement items covered by the budget will

    be grouped and prepared into procurement packages. Te procurement items will be groupedinto goods, works, services and consultancy services. As a general rule the groups should notbe mixed in procurement except in special cases where they are considered inseparable.

    Te consolidated procurement plan will indicate the procurement method to be used or eachprocurement package and also the estimated total cost o the resultant contract. Annex 11, isa sample o the Consolidated Procurement Plan. Te annual procurement plan will requirethe approval o the ollowing be ore any procurement is commenced:-

    i. Te Fund Manager

    ii. Te ender Committeeiii. Te Constituency Development Fund Committee

    Preparation of Speci cations A speci cation is simply a de nite description o what is needed or wanted or use by theuser. Te user must approve speci cations. Speci cations take many orms, some o which arediscouraged in public procurement.

    Te common orms are:- Brand name

    rade description Description o purpose or use by an expert Blue print, engineering drawing or dimension sheet Chemical analysis Statement o physical characteristics Standard statement drawn by the purchaser or user Public standard drawn or de ned by a central purchasing agency o the government.

    Speci cations must be updated on the basis o market realities, must be part o the bid docu-ments, must come be ore the preparation o bidding documents and must be prepared by those who know what is required or by a procurement agent or a consultant in case o com-plex speci cations

    Preparation of Tender DocumentsTere are standard tender documents or each type o procurement. All procurement entitiesare supposed to use the standard tender documents as provided by the PPOA. Te documentsare available rom the Government printer. Due to lack o capacity in the constituencies, as-sistance o the competent departments o the Government in the District should be soughtespecially in the preparation o tender documents or civil works, water projects and othertechnically sophisticated projects. Te assistance o the District Procurement O cer may alsobe necessary.

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    Citizens Guide to Public Procurement 12

    A tender register must be kept (Annex 12) in case o need or supply o samples by bidders, a register o samples must also be kept (Annex 13)

    Advertise and Sell Tender DocumentsTe CDF committee must observe nancial limits or ceilings in its procurement activities. It

    must advertise the tenders in order to give equal opportunity to all suppliers in the local area.Te law requires that advertisements must be placed in a newspaper (not a periodical) o gen-eral nationwide circulation at least twice during the 21 days the advertisement will run. Tenewspaper should have been under continuous publication or at least two (2) years.

    Te period during which potential suppliers are given time to respond to advertisements is 21 days.

    Te tender advertisements should speci y the project/item description, required quali cations,closing and submission dates.

    Open tender may be costly, it is sometimes deemed necessary to identi y potential bidders onthe basis o compliance criteria a ter which a short-list o pre-quali ed suppliers is preparedand each invited to bid. echnical complexity is what should determine whether there shouldbe pre-quali cation or open tender without pre-quali cation. Te PPDR require that tenderdocuments should not be sold or more than Kshs.5, 000.

    Preparation, Submission and Opening of Tender Documentsenders are to be received and opened in the manner stated in the tender documents. Improp-

    erly lled documents are rejected. For the purpose o receiving tender bids, each organization

    maintains a tender box and a tender register. enders are opened by a tender committee o at least three members. Bidders are then allowed to attend the tender opening to witness theprocess o opening.

    Evaluation o bids is done by an Evaluation Committee. Te committee consists o at leastthree members. Te evaluation committee members must be technically quali ed to carry outevaluation. Te evaluation is conducted in the manner indicated in the tender documents.

    Te evaluation committee prepares an evaluation report which indicates the tenderer or ven-dor who is recommended or contract award. Te evaluation report also contains details o all

    the other vendors and reasons or rejection o their proposals. Te contract is awarded by thetender committee.

    Evaluation of TenderPreliminary evaluation should lead to the decision o who to evaluate technically.

    Application orm or Adjudication o tender/quotation shall be lled (See sample orm, An-nex 14,)

    Te technical evaluation will be conducted by the technical evaluation committee on resourc-es, equipment, legality and other related matters. Te members must be technically quali ed

    to undertake evaluation.

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    13Public Procurement Procedures for Constituency Dev

    Te nancial evaluation will be conducted by secretariat but only on the bidders who havebeen technically quali ed.

    Evaluation must be done within 30 days a ter opening o tenders.

    Sometimes tender security may be requested or. Tis should not exceed 2% o the estimatedvalue o a contract. I tender security is demanded the nancial institution (or insurancecompany) proposed by the vendor must be one approved by the authority. Te evaluationcommittee members must append their signatures on the various documentations as directedby the secretary o the tender committee.

    Contract Award Te secretary to the tender committee should prepare all the required documentation. Teagenda or each procurement item should be prepared a ter proper analysis o the bids. Tesecretary should prepare a price comparison schedule or analysis. Te analysis o bids/price

    schedule should be tabled be ore the tender committee or adjudication and award.For specialized items, the government department under which a project alls and the DistrictProcurement O cer should be consulted or a technical evaluation. Awards should be madeto the lowest evaluated bidder or standard o -the-shel items, and to the best evaluated bid-der or specialized items.

    Decisions should be collective and by consensus. All members must commit themselves to thedecisions in writing. Signatures must agree with their specimen signatures already on records.Te minutes o the tender committee should be taken and recorded by the secretary.

    Contract PreparationTe rst thing here is or the tender committee to make its decision on whom to award thecontract on the basis o all the available in ormation. Awards by tender committee shall be

    nal and binding unless success ully appealed against or vetoed by the authorized person o the committee.

    Te award should be mailed to or collected by the success ul bidder. Once the success ul bid-der has responded accepting the award, then a ormal contract should be entered into in caseo contract value exceeding Kshs. 100,000.

    Te contract document should contain all the necessary terms and conditions. Samples areobtainable rom the PPOA. However, the terms o a contract and manner o per ormance may be altered by an agreement o the parties. Te terms o contract are basically worked out onthe basis o the 5 RIGH S e.g. time and place o per ormance, quality and quantity, how delays will be handled, monitoring or compliance, claims, disputes and appeals, obligationso the parties and the basis or payment/s.

    Signing of Contract A ter the contract award by the tender committee the manager (o the devolved und) ensures

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    Citizens Guide to Public Procurement 14

    that the contract is prepared and be signed by the two parties to the contract. Te contractshall be based on the ormat provided in the tender documents. Te contract shall not besigned until a ter 14 days a ter the noti cation o contract award. Tis is in order to allow orany possible appeals by dissatis ed bidders. Te contract shall be deemed to be ormed whenit is signed by both parties. Any contract above Ksh. 10,000,000 shall be sent to the CEO o

    the Constituency Development Fund or signature.Contracts between Ksh. 100,000 and Ksh. 10,000,000 are signed by the Fund Manager. Allcontracts below Ksh. 100,000 are signed by the Finance O cer (o the devolved und). A

    ormal contract may not be necessary or contracts below Ksh. 500,000. Signed orders whichare also signed by the supplier shall be su cient in this case.

    Per ormance o Contract A ter the contract is signed the supplier/ contractor shall be responsible or per orming thecontract in accordance with the terms and conditions o the contract and the relevant com-

    mittee shall be responsible or the management o the contract. A contract must be well managed otherwise weak

    administration or management o procurement contracts is an invitation to corrupt practices.

    Tere is need to ensure that the supplier/ contractor delivers the speci cations or quantitieso the contract and that members o the relevant committee have the skill and knowledge incon rming compliance with speci cations.

    Immediately the contract is signed by the parties it shall be decided how and by whom thecontract will be managed. For all contracts which are considered signi cant especially or civil works, water works, expensive equipment, services and consultancy services, a contract man-ager is appointed or the relevant committee responsible or the CDF. I necessary a team o experts may be appointed to manage major contracts. In managing the contracts the contractmanager shall use the procurement le which should be well kept. Tis le should be main-tained in such a way as to contain all in ormation on the procurement process up to contractaward.

    I it becomes necessary during the execution o the contract to amend the order given to the

    supplier, then an Order Amendment Form must be lled and duly signed (Annex 15, is a sample o an Order Amendment Form)

    Receipt, Inspection and Acceptance of GoodsTe inspection and acceptance committees on the delivery o goods, works or services:-

    Should immediately inspect and where necessary test the items involved Inspect and review the goods, works or services in order to ensure compliance with the

    terms and speci cations o the contract Accept or reject on behal o the procuring entity, the delivered goods, works or services. Ensure that the correct quantity has been received.

    Ensure that the goods, works or services meet the technical standards de ned in the

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    15Public Procurement Procedures for Constituency Dev

    contract Ensure that the goods , works or services have been delivered or completed on time or

    that any delay has been noted and acted on Ensure that all required manuals or documentation have been received and Issue interim or completion certi cates or goods recorded notes as appropriate and in

    accordance with the contract. Sign all the relevant documentation

    Te Inspection and Acceptance Committee must sign the Inspection and Acceptance Cer-ti cate (Annex 2). Once works and services are completed by the contractor, a CompletionCerti cate must be signed (Annex 16,)

    Distribution of Key Documents

    Te receipt, inspection and acceptance o goods

    must be done through flling or confrming details on the documents already signed.

    For accountability and sa ety o documents, the established rules or the distribution o docu-ments must be ollowed. Te regulations provide as ollows:-

    i. Distribution o LPO (S20):4 ( our) copies Original : Given to the supplier to retainDuplicate : Given to the supplier and to accompany the goods.Triplicate : Used or payments then attached to payment voucher.

    Quadruplicate : Retained in the pad or record.ii. Distribution o S11: 3 (three) copies

    Original : Kept in a sa e le by the store man issuing out the goodsDuplicate : Kept in a sa e le by the user receiving the goodsTriplicate : Retained in the pad or record

    iii. Distribution o S10: 2 (two) copies Original : Submitted as a bid to the tender/quotation box.Duplicate : Kept by the bidder.

    Disposal of StoresTis is charged to the procuring entitys disposal committee that must be established (section128) o the AC and Regulation 92. Te committee is meant to dispose unserviceable, obso-lescent, obsolete or surplus stores or equipment.

    Te disposal committee consists o 5 members appointed rom the members o the particularunds committee and includes the person responsible or nance and accounts. Items which

    need to be disposed o should be identi ed by the user. Te user should appoint knowledge-able individuals to carry out the initial identi cation o unserviceable, surplus, obsolescent

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    Citizens Guide to Public Procurement 16

    and obsolete items or disposal. Terea ter the disposal committee takes over. Disposal is bedone annually unless there are no items identi ed or disposal.

    Te disposal committee then prepares a disposal report (Board o Survey Report) which con-tains the ollowing in ormation or each item o disposal;

    i. Item no.ii. Depreciation o itemiii. Unit o issueiv. Quantity v. Date o purchasevi. Purchase unit pricevii. otal purchase priceviii. General conditionix. Disposal recommendation o the disposal committeex. Estimated current value

    xi. Decision on disposal Annex 17, is a sample o the Report o the Board o Survey orm. Te disposal report is sub-mitted to the relevant committee or approval. Whichever method that is recommended andapproved is then implemented by the und manager. Te committee shall recommend to theaccounting o cer a method o disposing the items which may include any o the ollowing:-

    a. Sale by public tenderb. Sale by public auctionc. rans er to another public entity or parts o a public entity without nancial adjust-

    ments.

    d. Destruction, dumping or burying. (Annex 18, is a sample o a Disposal certi cate. Annex 19, is a sample o a Destruction Certi cate)e. rade - in.

    Appeal Procedures At the Constituency level those appealing against decisions have several avenues or redress.Te Appellant should put his/her complaints in writing and should attach copies o the rel-evant documents.

    Te complaint should be lodged with the project committee rst

    Te complainant can also demand answers rom the MP and the CDFC Government representatives or instance the PC, DC, DO, DDO, District Procure-ment O cer, the Chie and Department Head can also be approached and complaintslodged with them

    I these initial and localized complaints ail to elicit action, then the complainant has the rightto take stronger measures through ormal written complaints to various government agencies.Tese include:-

    Board o Management o the CDF

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    17Public Procurement Procedures for Constituency Dev

    Kenya Anti-Corruption Commission (KACC) Kenya Police Criminal Investigation Department (CID) Public Procurement Complaints, Review and Appeals Board

    Te Public Procurement Complaints, Review and Appeals Board has been established by

    the government to take up cases o aggrieved tenderers in the public procurement process.o quali y, the appellant must have participated in the tender process. I dissatis ed with theprocess, the unsuccess ul bidder must le a complaint within 14 days a ter the award o thetender. Te complaint must do this in writing and must state which procurement regulationhas been breached. Te Appeals Board must respond to the appeal within 30 days.

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    18Public Procurement Procedures for Constituency Dev

    NO: ___________

    Date: __________

    O: __________________________________________________________________________________________________

    (Procuring entity)

    From: ________________________________________________________________________________________________

    Approved him _______________________(A.I.E)

    Please procure the ollowing items on our behal

    No. Description o goods/services

    Unit Quantity Prev ioussupplier( w h e r e

    known)

    Price Orestimatedcost

    Account/voteNumber

    QuotationNo:...Contract /tenderNo.

    LPO/LSO.....Preparedby.

    Remarks:

    Procurement RequisitionANNEX 1

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    19Public Procurement Procedures for Constituency Dev

    We the undersigned, being members o the IAC appointed by the Accounting O cer throughletter Re : ____________________________________________ dated: _____________________________________ Con rm that we have per ormed the assignment diligently and issued this acceptance certi cate or the procurement object indicated below:

    Contract itle and No.:_______________________________________________________________________

    Date o Contract:_______________________________________________________________________

    Supplier/Contractor:_______________________________________________________________________

    Value o Contract:_______________________________________________________________________

    Particulars o the contract:_______________________________________________________________________

    Contract items (list as necessary):_______________________________________________________________________

    _______________________________________________________________________

    Contract delivery due date:_______________________________________________________________________

    Actual delivery date:_______________________________________________________________________

    Procuring Entity:_______________________________________________________________________

    Contract Manager:_______________________________________________________________________Signed:1. Name: _____________________________________ Signature:2. Name: _____________________________________ Signature:3. Name: _____________________________________ Signature:4. Name: _____________________________________ Signature:

    Inspection & Acceptance Committee (IAC)Procurement Inspection & AcceptanceCertifcate

    ANNEX 2

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    Citizens Guide to Public Procurement 20

    You are requested to give the particulars indicated in part 1 and either part 2(a),2(b) or 2(c) whichever applies to your business.

    You are advised that it is a serious o ense to give alse in ormation in this orm.

    Part 1 GeneralBusiness Name...

    Location o business premises....................

    Plot No..Street /Road.....

    Postal address. el.No.....

    Nature o business.....

    Current rade License No.Expiring Date..

    Maximum value o business which you can handle at any one time: .....

    Name o your bankers.Branch...

    Part 2(a)-sole proprietor Your name in ull Age..Nationality Country o origin..

    Part 2(b)-partnershipGiven details o partners as ollows:

    Name Nationality Citizenship Details Shares1....2........3................4........

    Part 2(c) -Registered company

    Private or public .State the nominal and issued capital o company:Nominal K ..............Issued K ...........................................................................

    Confdential Business Questionnaire (CBQ)- S33ANNEX 3

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    21Public Procurement Procedures for Constituency Dev

    Given details o all directories as ollows:Name Nationality Citizenship Details Shares

    1.2.3.

    4.

    Date .. Signature o the candidate.. *i Kenyan citizen, indicate under citizenship Details whether by Birth, Naturalization orRegistration.

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    Citizens Guide to Public Procurement 22

    NO

    o:.......

    Dated..Contract Re No.Quotation Re .No..

    Please deliver the ollowing goods on or be ore. o the delivery address under theterms and conditions stated on the reverse side o this purchase order. I you accept these con-

    ditions return the second copy o this order signed by an authorized organization. Invoicesmust be sent without delay with goods to.. (procuring entity)

    Item No. Description Quantity PRICE PER UNI AMOUNSHS. C S SHS C S.

    Delivery address.. Signed.Designation.Procuring entity..Vote ...Head/subhead.

    Account No....

    Distribution of copies:COPY 1. Retained by the supplier

    2. Signed by the supplier and returned to the procurement section.3. Sent through stock control and accounts dues in notation and then to receipts toawait delivery o goods.

    4. Attached to R .V and invoice or payment purposes.5. Remains in the pad or the control purpose

    Local Procurement Order (LPO)ANNEX 4

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    23Public Procurement Procedures for Constituency Dev

    CONDITIONS APPLICABLE TO THIS ORDER

    1. Te execution o all or part o this order is subject to the ollowing conditions unlessotherwise stated in writing. Te procuring Entity reserves the right to reject any suppliesnot con orming to these conditions.

    2. All goods covered by this order are to be met strictly in accordance with samples /speci -cations/schedule o requirement/brochures submitted with your quotation /tender andaccepted as the standard o supply. No alterations in any respect are permitted withoutthe prior agreement o the procuring entity in writing.

    3. Deliveries must be made within the accepted delivery period tendered or and speci-ed in this order unless agreement has been reached and written con rmation given

    any alteration. I the delivery o the good is not e ected within this period, this ordermay be cancelled without to cost the procuring entity or alternatively supply may beobtained rom other sources and you will be liable to de ray any additional cost such

    action would occur4. All articles, material, workmanship or services covered by this order shall be the subject

    o procuring entity inspection and test at all times be ore during or a ter completion.5. Te supplier warrants that all articles, materials, or service delivered or per ormed to be

    ree rom de ect o material or workmanship and this warranty shall survive any inspec-tion, delivery, acceptance or payment by the procuring entity o the article, material or

    workmanship.6. Goods rejected on any grounds will be returned to or collected by the supplier at his

    own expense.

    7. Goods are to be consigned to the address (es) shown on the order and the costs are to beincluded in the prices quoted. Any demurrage or similar charges incurred through thesuppliers liability will be recovered rom the supplier.

    8. Te prices shown include the satis actory packaging and packing o the goods to ensuresa e transit and must be o robust construction su cient to withstand rough handling and over handling and over storage in stores.

    9. Te No. 2 copy o this order constitutes an acceptance o this order and must be signedand returned to the ordering o cer within 14 days. Failure to comply may be taken asnon-acceptance and the order is liable to cancellation.

    10. Any amendment to this order will be made in writing by the originator and the com-munications or enquiries relative to the order or subsequent amendment must be ad-dressed to him.

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    Citizens Guide to Public Procurement 24

    NOo:.

    ......

    ender / Quotation Re . No ...........Contract Re No...........Date ........................................................Requisition No.....Date.........................................................

    Please carry out the service listed here below at ( ull address)on terms and conditions stated on the back o this order , on or be oreand send the invoices im-mediately to

    P.O. BOX.

    Item No. Description o service COSShs. cts

    O AL Shs.

    Signature. A/c No.DetailsDesignation. .Station. ..Date ..

    Local Service Order (LSO)ANNEX 5

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    25Public Procurement Procedures for Constituency Dev

    APPROVEDSignature.

    AIE HolderStation. .contractorDate.

    I acknowledge receipt o this order .. dateCONDITIONSTe execution o or part o this order is subject to the ollowing conditions unless otherwisestated in writing. A contractor who is rendered services contrary to these conditions does soat his own risk.

    1. All service are to be carried strictly in accordance with speci cations given. No depar-ture is allowed without prior agreement and in writing

    2. Orders must be examined within the period tendered unless instructions are given to

    the contrary. I the service is not e ected as agreed, this order is liable or cancellationand/ payment o penalty.3. We reserve the right to inspect the services on this order,but such inspection does not

    relieve the contractor o his responsibility or de ects in material or workmanship.4. Receipt o this order should acknowledge on the duplicate copy which should be sent

    within 7 days.

    All communication to be addressed to the originator o this order.

    Distribution of copies

    Original: o be retained by the supplierDuplicate: o be lled by the supplier and returned or attachment to contract documents.riplicate: o be attached to P.V and the invoice or payment purposes.

    Quadruplicate: o remain in the pad.

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    Citizens Guide to Public Procurement 26

    ITEM DESCRIPTION UNIT QTY RATE KSHS A.B.C.D.E.F.

    G.

    H.

    ROOFING150 X 150 mm RAF ERS150 X mm IE BEEM100 X 50 mmS RU S AND

    IES50 X 0 mm purlins100 X 50 mm Wall plateGauge 30 G.C I. Roo ng Sheets

    FLOORS FINISHESCement and sand 1:4 Paving Screddi. Cementii. Sand

    WALL FINISHESPlastering i. Cement)ii. Sandiii. Limeiv. Ceiling (1.2 X 2.4m) So tboardsv. 50 X 50 mm Brandering

    TOTAL

    LMLMLMLMLMSM

    Bagsons

    Bagsons

    BagsNO

    LM

    753538801989

    62

    1025

    16

    175

    165180148

    45180305

    620800

    620800300950

    72

    12,375.006,300.005,624.003,600.003,420.00

    27,145.00

    3,720.001,600.00

    6,200.001,600.001,500.00

    15,200.00

    12,600.00

    113,484.00

    Sample Bill o Quantities and Scheduleo Materials (BQ)ANNEX 6

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    27Public Procurement Procedures for Constituency Dev

    Financial Year:Procuring Entity (Ministry, Parastatals, School, University, College etc)Department:Name o Project (I applicable)................

    No. AC IVI Y OFFICER RESPONSIBLEIME O BE AKEN(in weeks)

    WORKS GOODS1. Prepare BOQ documents or works/prepare

    speci cations or goods2. Banks No Objection3. Advertise or pre-quali cation (work)4. Receive the pre-quali cation applications

    (work)5. Evaluate the applications and shortlist (work)6. Banks No objections to prequali cation7. Prepare schedule o requirements8. Prepare working drawings (work)9. Prepare bidding documents10. Banks no objection11. Issue Bidding documents to pre-quali ed rms

    (works) Advertise or bids goods12. Receive and open bids13. Evaluation bids14. Banks no Objection to bid evaluation results15. M C action16. Banks no objection to contract awards17. Banks no objection to bid evaluation results18. Negotiations (i applicable)19. Banks no objection to negotiated contract

    awards (i applicable)

    Work Plan or the Procurement Process o Works/ GoodsWorld Bank / IDA unded Projects

    ANNEX 7

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    Citizens Guide to Public Procurement 28

    21. Mobilization period or works/delivery o goods

    22. Advance payment or works23. Payment as per the contract works & goods

    Prepared by: Sign ....Date.

    Approved by: Sign ....

    Date.(Accounting O cer)

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    29Public Procurement Procedures for Constituency Dev

    Name o Project Vi aranga Water Project District Amani District Constituency Umoja constituency Financial Year 2007/8 Amount allocated 1,500,000 Date o commencement September 2007 Expected date of completion December 2007 Project Details: Rehabilitation o borehole and construction o o ce block

    Planned Activities Required Budget ImplementationPeriod in Weeks Contracted Persons/Companies Monitoring andEvaluationRemoval o borehole

    30,000.00 2 weeks Davis and Shartli Ltd. FSK WaterCommitteeCDFCDDC

    All stakeholdersSupply andinstallation o

    water pump

    482,913.00 2 weeks Davis and Shartli Ltd. FSK WaterCommitteeCDFCDDC

    All stakeholdersBoreholerehabilitation

    826,500.00 2 weeks CDN Water Program FSK WaterCommitteeCDFCDDC

    All stakeholders Water tank

    PVC

    97,400.00 2 Weeks Vi aranga

    Hardware Store Ltd.

    FSK

    WaterCommitteeCDFCDDC

    All stakeholders WaterExtractionPermit

    46,575.00 2 weeks Water ResourceManagement Authority,

    Amani District.

    FSK WaterCommitteeCDFCDDC

    All stakeholders

    Sample Work PlanANNEX 8

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    Citizens Guide to Public Procurement 30

    raining andSupervision

    223,400.00 4 weeks Farming Systems Kenya FSK WaterCommitteeCDFCDDC

    All stakeholders

    Purchase o plot 50 X 10 t

    160,000.00 4 weeks John K. Moses FSK WaterCommitteeCDFCDDC

    All stakeholdersConstructiono controlhouse

    170,370.00 4 weeks Reliable concrete Works FSK WaterCommitteeCDFCDDC

    All stakeholdersO AL 2,027,158.00

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    31Public Procurement Procedures for Constituency Dev

    Financial Year:Procuring Entity (Ministry, Parastatal, School, University, College etc)........................................Department:Name o Project (I applicable)...............

    Dates or Completion o Key Procurement Processing Activities

    S e r i a l N o .

    I t e m / S e r vi c e d e s c r i p t i on

    Uni t of I s s u e

    Q u a n t i t y

    E s t i m a t e d Uni t C o s t

    E s t i m a t e d T o t a l C o s t i n

    K s h s . 0 0 0

    P r o c ur e m e n t M e t h o d

    P r e p a r a t i on of Bi d d i n g

    D o c

    S a k e i f Bi d d i n gD o c

    R e c e i p t & O p e nBi d s

    Bi d E v a l u a t i on

    T e n d e r C ommi t t e e A c -

    t i on S i gn C on t r a c t

    Or d e r Dr a wn

    C om pl e t i on of S e r vi c e

    Prepared by: Head o Procurement Sign ..Date.

    A.I.E. Holder Sign ..Date.

    Approved by: Accounting O cer Sign ..

    Date.

    *General Services other than Consultancy

    Annual Procurement Plan orGoods and ServicesANNEX 9

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    Citizens Guide to Public Procurement 32

    Financial Year:Procuring Entity (Ministry, Parastatals, School, University, College etc)............................................Department:.Name o Project (I applicable).................

    S e r i a l N o .

    W or k D e s c r i p t i on

    E s t i m a t e d Uni t C o s t

    P r o c ur e m e n t M e t h o d

    Dates for completion of Key Procurement Processing Activities

    S e l e c t i on of C on s ul t a n t

    ( I f a p pl i c a b l e )

    P r e p a r a t i on of

    Dr a wi n g s ,B O Q s e t c

    S a l e of Bi d d i n g

    D o c um e n t s

    R e c e i p t / O p e ni n g of b i d

    d o c um e n t s

    Bi d e v a l u a t i on

    T e n d e r C ommi t t e e

    A c t i on

    D on or N o o b j e c t i on

    wh e r e a p pl i c a b l e

    S i gni n g of c on t r a c t

    W or k c omm e n c e m e n t

    C om pl e t i on of w or k s

    1.

    2.

    3.

    4

    5.

    etc

    Prepared by: Head o ProcurementSignature ...Date............................

    A.I.E. Holder Signature ......Date

    Approved by: Accounting O cer Signature ..Date.

    Annual Procurement Plan orGoods and ServicesANNEX 10

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    33Public Procurement Procedures for Constituency Dev

    Financial Year:Procuring Entity (Ministry, Parastatal, School, University, College etc)................................................Department:Name o Project (I applicable)................

    S e r i a l N o .

    I t e m / S e r vi c e d e s c r i p t i on

    Uni t of I s s u e

    Q u a n t i t y

    E s t i m a t e d Uni t C o s t

    E s t i m a t e d T o t a l C o s t i n

    K s h s . 0 0 0

    F un d s Al l o c a t e d

    P r o c ur e m e n t s

    Timing of Activities T a r g e t e d O u t p u t s

    R e m a r k s 1 s t Q

    u a r t e r

    2 n d Q u a r t e r

    3 r d Q u a r t e r

    4 t h q u a r t e r

    Prepared by: Head o Procurement Sign ..Date..

    A.I.E. Holder Sign ....Date..

    Approved by: Accounting O cer Sign ..Date.

    Consolidated Annual Procurement PlanANNEX 11

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    Citizens Guide to Public Procurement 34

    Tender RegisterANNEX 12 Procuring Entity: __________________________________________________

    Numberallocated to

    tender

    FullDescription o items includedin the ender

    Unit o issue

    otalQuantity

    Date o commencement

    Closing date

    Remarks

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    35Public Procurement Procedures for Constituency Dev

    Register o SamplesANNEX 13Procuring entity

    Unit. ender No or Closing Date....

    R e g

    i s t e r e d

    N o .

    D a t e r e c e

    i p t o

    f s a m p

    l e

    C a t a l o g u e , P a r t O r

    r e f e r e n c e s

    N o .

    U n

    i t r e c e i v e

    d

    N a m e o f c a n

    d i d a t e

    D a t e

    t o t e n

    d e r c o m m

    i t t e e

    D a t e r e

    t u r n e d

    D a t e r e

    t u r n e d

    t o c a n

    d i -

    d a t e

    S i g n a t u r e o

    f c a n

    d i d a t e

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    Citizens Guide to Public Procurement 36

    No.Re : ..Procuring entity.Date

    o: Te Secretary,ender Committee

    1. Enclosed herewith the original tenders together with the ollowing documents inrespect o ender/Quotation No

    2. It is con rmed that nancial provisions to meet the resultant cost o the items availa-ble in .................................................................................................................................................................................................................................................................................................................................................................................................

    3. Delay (where applicable) in submitting the tender/quotation to ender Committeeor adjudication was caused by ....................................................................................

    ....................................................................................................................................

    ....................................................................................................................................

    4. Other remarks (where applicable) include the ollowing: .....................................................................................................................................................................................................................................................................................................................

    Signed..Date..

    Designation

    Application or Adjudication o Tender/QuotationANNEX 14

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    37Public Procurement Procedures for Constituency Dev

    Procuring entity.

    ...

    ...

    ...

    Suppliers re erence.

    LPO...

    Date...

    Amendment Date..

    Amendment No

    Dear Sir/Madam. Would you please amend our above mentioned order to read as ollows:-

    Item No. Unit Qty Description Unit Price Delivery

    RequirementShs. Cts

    NOTES TO SUPPLIER Changes to deliveries must be strictly adhered to and your cooperation in this matter wouldbe appreciated and payment will only be made against this revised schedule. Tis is not a Purchase Order but an amendment. Signature o the Procurement O cerDate ...Cc. 1. Receipts O cer

    Department le

    Order Amendment FormANNEX 15

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    Citizens Guide to Public Procurement 38

    From: (DR) GROUPLEADER/PA/CONSUL ANRe : .Date: ..

    o: Chie ArchitectMOW Architectural DepartmentP.O. Box 30260Nairobi.

    Details of works: WP Item Number Description of Job Ministry/Agency

    Vote Prov. No.

    Name/Address of ContractorContract NumberL.S.O. No. 805952

    Completion of Building worksDelete (a) or (b)

    (a) Te contracts works(b) Te part o the works here listed

    __________________________________________________________________________________________________________________________________________

    Are now complete to my satis action subject to the items noted overlea and are ready to behanded over to the Client Ministry .Date Building Supervisor (MOW or consult)Competition of Mechanical/Electrical WorksTe mechanical/electrical installations on the above works have been completed and tested to my satis action

    .Date M/E Supervisor (MOW or consult)

    Release of Rention and Survery Bond Att: Job QS and Contractors Register O ce

    Te rst moiety o the retention and the surety bond may now be released

    .Date (DR) GROUP LEADER/CONSUL AN

    Copies: Building and M/E Supervisors At. 10/77 Job QS and CRO

    Sample Completion CertifcateANNEX 16

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    39Public Procurement Procedures for Constituency Dev

    Report o the Board o Survey on Stores(Unserviceable) and Surplus to RequirementsANNEX 17

    Organization.. Department. Station..NB: columns Nos. 1-6 to be completed by the department prior to assembly o the board.

    1 I T E M N O .

    2 D E S C R I P T I O N

    3 Q U A N T I T Y

    4 D A T E O F P U R C H A S E

    5 O R I G I N A L V A L U E

    6 S T A T E W H E T H E R

    I N S E R V I C E A B L E O R

    S U R P L U S

    7 B O A R D S R E P O R T O N

    C O N D I T I O N

    8 R E C O M M E N D A T I O N O F

    B O A R D F O R D I S P O S A L

    9 E S T I M A T E D

    L O C A L S A L E -

    A B L E V A L U E I F S A L E I S

    R E C O M M E N D E D

    1 0 R E M A R K S

    Signature and o cial .chairman Decision o Signature o o cer .member accounting In-charge o stores .member o cer/chie Date Date.. executiveStation.... Date.. signature....

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    Citizens Guide to Public Procurement 40

    el:...Address o Organization......

    Our re :. Date .....o:

    ..Tis is to certi y that all item Nos submitted to the board o survey onand approved by the accounting O cer/Chie Executive on .. under Re ...instruction.Proceeds o items sold have been accounted or appropriately.

    A separate Disposal certi cate will be submitted in respect o item not included in this onein due course.

    Signed...Name.Signed ..Name Signed ..Name ....

    A disposal certi cateRegistered No: .

    Disposal o Stores CertifcateANNEX 18

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    Destruction CertifcateANNEX 17Organization

    Department ....

    Station ........................

    1.S/no.

    2.Full description o items destroyed

    3.Unitso issue

    4.Quantity destroyed

    5.Value at a timeo destruction

    6.Remarks (methods o destruction and whereappropriate reason ordestruction

    Tis is to certi y that the stores shown above have all been destroyed by method(s) shownin accordance with .dated...

    Witness to the destruction. O cer in charge....Date Designation.........

    Date

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