SENSITIZATION TO TVETA PRE-QUALIFIED SUPPLIERS MAY,2019

IMPLENTATING PUBLIC PROCUREMENT

AND ASSET DISPOSAL ACT, 2015

Recurrent and development budget implementation requires procurement facilitation from need identification stage to contract implementation and close out.

The public procurement and Asset Disposal Act 2015,presents to organization and practitioners competitive strategies and tools for execution of work plans and budgets in line with approved recurrent and development budget.

OBJECTIVES OF IMPLEMENTING THE

ACT,2015

Advice organization and Accounting officers on application of procurement legal framework and structures.

Apply the General Procurement and Assets Disposal principles and basic rules.

Use appropriate procurement methods for various procurement.

Monitor Contract Implementation

Implement the preference and reservation schemes.

Apply best practices in inventory control, Assets and stores management and disposal.

BODIES RESPONSIBLE FOR REGULATION OF

PUBLIC PROCUREMENT

National Treasury

Public Procurement Regulatory Authority (PPRA)

Public Procurement Regulatory Board (PPRB)

Public Procurement Administrative Review Board (PPARB)

Kenya Institute of Supplies Management

PREFERENCES AND RESERVATIONS

Public Procurement and Regulatory Authority may issue guidelines for the application of preferences and reservations by procuring entities in the evaluation of bids in accordance with the procurement Act and Regulations.

Public Procurement is carried out with bidders who are legal entities.

Only eligible bidders are to be invited.

The detail of the eligibility and qualification of bidders are worked out to ensure that all bidders are entitled to bid and that the competition is fair amongst comparable entities and that these entities are legally established & can enter into enforceable contract with public institution

PREFERNCE RESERVATIONS CONT. Eligibility criteria should be clearly stated in the bidding

documents for each procurement.

To ensure that these criteria are met, signed statements or documentary evidence may be requested to certify the eligibility.

Documentary evidence for eligibility may include:

a)Certified/notarized copies of the bidders certificate of business registration/certificate of incorporation/business license

b)Certified/notarized copies of the bidders tax registration/tax clearance certificate

c)A list of all the directors of the bidding company.

Eligibility cont.d)The principal shareholder of the bidding company/list or partners or the proprietors as maybe appropriate.

e)A signed statement that the bidders does not have a conflict of interest in relation to the procurement

f)Tax Compliance Certificate

g)Letter/certificate from persons with disability office

h)Certificate for youth/disadvantaged group women

CHOICE OF PROCUREMENT METHOD FOR

GOODS,WORKS & SERVICES

The procurement procedures in the Government/Authorities are meant

to ensure that its decisions are made in a systematic and structured

way-Part IX.

The procedures used are:

Open Tender-Preferred

Two- stage Tendering

Design Competition

Restricted Tender

Direct procurement

Electronic reverse auction

Low value procurement

Request for Quotations

Cont.

Force Account

Competitive Negotiations

Request for Proposals

Framework Agreements

PERSONAL ETHICS

Applicable ethics in Supply Chain Management:

Avoidance of collusion

Avoidance of conflict of interest

Equal opportunity

Confidentiality and limited disclosure

Avoidance of all corrupt practices in procurement

Avoidance of obstruction and undue delay in procurement

Exerting inappropriate influence on procurement procedure

INSPECTION AND ACCEPTANCE OF GOODS,WORKS &

SERVICES

• Inspection and acceptance of goods, works and services is the final step of the procurement cycle.

• It is at this stage that, the procuring entity will be able to ensure the contracts or (LPO) have been duly enforced by the contractor and itself and that the deliveries correspond to the contracts terms, especially with respect to:

a)Timing

b)Standards and specifications of the contract

c)Quantities

d)Place

e)Price, value and costs

INSPECTION AND ACCEPTANCE OF GOODS,WORKS &

SERVICES-Cont.

It is the responsibility of the procuring entity to ensure that each of this dimensions have been duly verified by accepting the final delivery of any item procured,

Acceptance and certification of the delivery is the evidence that will serve to effect the payment to the contractor.

Verification may comprise such checks as:

i)Correct quantity has been received

ii)Goods/Works, Services meet technical standards defined in the contract.

iii)Goods/Works. Service have been delivered/completed on time.

STORES MANAGEMENT

Receipt and Recording Goods, works and Services

Objective of inventory control and stores Management

Transfer of inventory

Responsibility of Head of procurement in relation to inventory management.

Responsibility of officer-in-charge of stores

Procurement Plan LinkageAnnual Budget

Annual Procurement Plan

Requisitions

RFQ Quotations

Purchases

Receiving Invoice Payment

Kenya Suppliers Portal

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