Public Procurement And Disposal Act 2013 Pdf

public procurement and disposal act 2013 pdf

File Name: public procurement and disposal act 2013 .zip
Size: 22826Kb
Published: 16.05.2021

Determinants of non - compliance of public procurement regulations in Kenyan secondary schools

The Regulations are currently before the respective Committees on Delegated Legislation of the National Assembly and the Senate for final approval in accordance with the Statutory Instruments Act, before they come into full force and effect.

While the Public Procurement and Asset Disposal Act, the Act and the New Regulations apply to public entities, this alert will outline some of the key changes introduced by the New Regulations which in our view may need to be considered by private parties participating in public procurements.

Government-to-government procurements are exempt from the provisions of the Act pursuant to Section 4 2 f which provides that procurements and disposal of assets under bilateral or multilateral agreements between the Government of Kenya and any other foreign government, agency, entity or multilateral agency are not procurements or asset disposals with respect to which the Act applies the G2G Exemption.

It is however important to note that government-to-government procurements are still required to comply with Article of the Constitution of Kenya which requires that all procurements be undertaken in accordance with a system that is fair, equitable, transparent, competitive and cost-effective.

This requirement has recently been confirmed by the court of appeal of Kenya. As a result, the Government has taken advantage of the G2G Exemption to undertake a number of prominent projects such as the Standard Gauge Railway Project which was financed through a concessional loan from the Peoples Republic of China without any visibility around what sort of value for money assessment if any was carried out on the total cost of the project.

The New Regulations spell out the requirements for a procurement to qualify for the government-to-government exemption under the Act:. The New Regulations do require that all procurement contract be published and publicized within fourteen days after signing the contract. Under the provisions of the Act, a tenderer who is found to have breached the provisions of the Act may be blacklisted and debarred from participating in procurements for a period of not less than 3 years.

The New Regulations operationalize this by introducing procedures for the hearing and determination of debarment proceedings by the Public Procurement Regulatory Board. We note that a tenderer who is the subject of the proceedings can now contest the accusations and will be allowed to respond and submit evidence in its defense. In a bid to encourage the adoption of information technology and efficiency in procurement, the New Regulations provide guidance and elaborate procedures for the establishment and use of e-procurement systems and a central online portal to be developed by the Public Procurement Regulatory Authority.

If successfully implemented, e-procurement systems could potentially save costs, eliminate paperwork and improve transparency and efficiency in procurement processes. Section of the Act provides for preferences and reservations to be applied by procuring entities. Preference should be given to:.

The New Regulations now further provide that the tender documents must as a mandatory requirement specify that the successful bidder shall:. In circumstances where an international tender does not meet the above requirements, specific approval from the National Treasury shall be required. In , the Act was amended to include procurement though a procurement method specifically permitted by the National Treasury.

These terms are however not defined. The New Regulations now distinguish between a variation and amendment of a contract entered into following a tender award. An amendment is defined as a change to the terms and conditions of an awarded contract and contract while a variation refers to a change to the price, completion date or statement of requirements of a contract.

Parties therefore have greater flexibility when making amendments to contracts but variations may only be considered 12 months after the date of signing the contract and only where the proposed variation meets the conditions specified in Section 4 of the Act.

Find Practitioner Service Office. Find a Practitioner. Find a Service. Locate an Office. Back to Opinion and Analysis. Other points to note in relation to debarment include: where an entity is debarred, any successor entity of that entity is also debarred; debarment extends to directors and partners if the debarred person is a company or a partnership; and a debarment decision will not relieve the debarred person of its obligations under any contract entered into with a procuring entity before the debarment.

Strategic contracting practices to improve procurement of health commodities

Languages: English. Type: Document. Region: Sub-Saharan Africa. Topics: Procurement. Keywords: Legal Framework. This Act may be cited as the Public Procurement and Disposal Act, and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint. The purpose of this Act is to establish procedures for procurement and the disposal of unserviceable, obsolete or surplus stores and equipment by public entities to achieve the following objectives:.

Determinants of non - compliance of public procurement regulations in Kenyan secondary schools

The Regulations are currently before the respective Committees on Delegated Legislation of the National Assembly and the Senate for final approval in accordance with the Statutory Instruments Act, before they come into full force and effect. While the Public Procurement and Asset Disposal Act, the Act and the New Regulations apply to public entities, this alert will outline some of the key changes introduced by the New Regulations which in our view may need to be considered by private parties participating in public procurements. Government-to-government procurements are exempt from the provisions of the Act pursuant to Section 4 2 f which provides that procurements and disposal of assets under bilateral or multilateral agreements between the Government of Kenya and any other foreign government, agency, entity or multilateral agency are not procurements or asset disposals with respect to which the Act applies the G2G Exemption.

Show full item record. Determinants of non - compliance of public procurement regulations in Kenyan secondary schools Login. JavaScript is disabled for your browser.

BACKGROUND

Еще одна спираль. Ему все время казалось, что Беккер совсем рядом, за углом. Одним глазом он следил за тенью, другим - за ступенями под ногами. Вдруг Халохоту показалось, что тень Беккера как бы споткнулась. Она совершила судорожный рывок влево и вроде бы закружилась в воздухе, а затем снова прильнула к центру лестницы. Халохот сделал стремительный прыжок.

Беккер мрачно оглядел море красно-бело-синих причесок. - Что у них с волосами? - превозмогая боль, спросил он, показывая рукой на остальных пассажиров.  - Они все… - Красно-бело-синие? - подсказал парень. Беккер кивнул, стараясь не смотреть на серебряную дужку в верхней губе парня. - Табу Иуда, - произнес тот как ни в чем не бывало. Беккер посмотрел на него с недоумением.

Constitution of Kenya

Сьюзан просмотрела все команды. То, что она увидела, привело ее в ужас.

Сьюзан… Сьюзан… И в этот момент она все поняла. Дрожащей рукой она дотянулась до панели и набрала шифр. S…U…Z…A…N И в то же мгновение дверца лифта открылась.

Никакой реакции. Он дернул шнурок в третий раз, более резко.

2 COMMENTS

Jay S.

REPLY

Public-sector entities responsible for procurement of essential medicines and health commodities in developing countries often lack the technical capacity to efficiently ensure supply security.

Liatradbaimu

REPLY

To provide for the con t rol and regu l ation of pub l ic procuremen t and the disposal of public assets so as to ensure that such procurement and disposal is effected in a manner that is transparent, fair, honest, cost- effective and competitive; to establish the Procurement Regulatory Authority of Zimbabwe and to provide for i t s func t ions; t o amend the Infrastructure Development Bank of Zimbabwe Act [Chapter ]; to repeal the Procurement Act [Chapter ] No.

LEAVE A COMMENT