Uhuru order on tenders to improve processes

President Uhuru Kenyatta signs into law tax laws (amendment) Bill at State House, Nairobi. [Standard]
The Presidential decree that State agencies must make public the details of all Government tenders is intended to eliminate the secrecy that has been facilitating corruption.

The details required by Executive Order No 2 of 2018 include names of directors of winning bidders.

While issuing the order, President Uhuru Kenyatta said there existed an overriding national good to deepen accountability and transparency in the procurement of goods and services.

The order requires that from July 1, 2018, public procuring entities update and publicise tendering details through their websites, e-Citizen, Public Procurement Regulatory Authority (PPRA), public notice boards and official Government publications.

Tenders awarded

Other details required are information of tenders awarded, particulars of awarded bidder, specification of goods and services, scope and schedule of works, and contract value.

Also required is information on the technical and financial capacity of the winning bidder and summary of reasons for the award. This should include the date of the award and contract period as well as current market price of the specific goods, works or services, and price guidelines as published by PPRA.

Procurement officials are also required to give variations in regard to specification of goods and services, scope of work and contract price, names of members of evaluation committees as well as inspection and acceptance committees with respect to each award.

The President said the order would enhance equality, freedom from discrimination and access to public procurement opportunities for all Kenyans.

“There is a pressing need to entrench open and accessible Government that promotes the greatest enjoyment of the right of access to information by all Kenyans; where the State publishes and publicises all important information affecting the country,” Uhuru said.

The order also says pursuant to the Public Procurement and Disposal Act 2015, essentials such as electricity and water, among others are exempted from the requirement.

Also exempted from the requirement is procurement arising from declaration of a national emergency or national disaster, where the same procurement is pursuant to a contract with Government or upon a written Government directive.

The order also stipulates that the list of awarded suppliers and contracts of consultants should include suppliers’ names, registration details, ID numbers and company incorporation numbers.

Others are their personal identification numbers (PIN), list of directors, shareholders and beneficial owners (in case of a company), name of proprietor or names of partners.

Also required are business contact details (telephone and email addresses), postal and physical addresses, tax compliance status, business permit/licence number and county of operation.

Registered suppliers

Procurement officials will also provide a separate list of registered suppliers, contractors and consultants. The officials are expected to publish this information on the 15th day of every subsequent month, outlining the tender and supplier data for the previous month.

“For avoidance of doubt on the effective date, procuring entities will be required to publish all ongoing contracts entered into prior thereto, and to which finalisation of expected works, supplies or services is pending completion and final payment,” Uhuru said.

The President further orders that all procurement approvals, management and confirmation of performance and delivery of awards worth at least Sh10 million shall be under the hand of the accounting officer of the procuring entity.

This order supersedes Executive Order No 6 of 2015 issued on March 12, 2015.

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Government tendersPresident Uhuru KenyattaPublic Procurement Regulatory Authoritystate tendersprocurement process