Procurement law change could fuel graft, say suppliers

Departmental Committee on Finance and National Planning chairperson Gladys Wanga. [David Njaaga, Standard]

Suppliers to the government have warned that proposed changes to the current procurement law could fuel corruption if not revised.

In submissions to Parliament’s Departmental Committee on Finance and National Planning, the suppliers opposed the Public Procurement and Asset Disposal (Amendment) (No 2) Bill, 2021, saying it would increase bureaucracy and avenues for corruption.

“Introduction of the two-envelope system in open tendering has profound demerits that may reverse the gains made so far in implementing an open, transparent and efficient procurement system,” said the suppliers under the aegis of the Kenya Institute of Supplies Management (KISM) in their submissions on the Bill to the House watchdog committee. 

The Bill has been proposed by Homa Bay Woman Representative and chairperson of the Departmental Committee on Finance and National Planning Gladys Wanga.

According to the lobby, a two-envelope system is lengthy and calls for elaborate procedures and multiple procurement committee meetings at various times.

“This will in effect reverse the gains envisaged in the Public Procurement and Asset Disposal Act, 2015 and regulations of shortening the lead times in the procurement process,” argues the group. 

According to the proposed changes to the Act, bidders will be invited to submit technical proposals for evaluation.

Where at least three technical proposals are picked, the successful bidders will be invited to submit financial proposals within 24 hours for evaluation.

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