understanding the public procurement process

Understanding the Public Procurement Process
least 14 days must lapse before a written contract
may be entered into, to allow time for an appeal to be
made by any bidder disgruntled by the procurement
proceedings for an administrative review.
If after the 14 days, no appeal has been filed and
the successful bidder refuses to enter into a written
contract, the procuring entity may with the approval
of the tender committee award the contract to the
next best evaluated bidder.
c) Right of information for unsuccessful
bidders
A bidder has the right to request the reason why
his/her bid was unsuccessful. The Procuring entity
shall, within 14 days after a request provide written
reasons as to why the tender, proposal or application
to be prequalified was unsuccessful. Bidders may
also request a summary of the evaluation report.
Participants at a stakeholder’s forum organized by PPOA.
P
ublic procurement covers all types of
acquisitions made by or on behalf of public
entities in Kenya. The public procurement
system is guided by the Public Procurement
& Disposal Act 2005(the Act) and the Public
Procurement & Disposal Regulations, 2006(the
Regulations). The legal instruments provide the
basis for undertaking any form of public procurement
in Kenya.
Public procurement rests upon certain core principles
that are the five pillars of procurement;
1. Accountability; to government, parliament, end
users, the public and suppliers
2. Transparency; sufficient and relevant information
should be made available to all interested parties
consistently and in a timely manner through
accessibility, wide available medium at no or
reasonable cost
3. Impartiality and fair competition; all potential
bidders should be treated impartially, so that they
compete on a “level playing field”
4. Integrity; public servants should be honest,
avoid conflict of interest and refrain from sharp
practices that bring an unfair advantage to
themselves or to their organization;
5. Value for money; the optimum balance between
benefits and costs on a whole life basis.
Consequently, no Procuring Entity or Procurement
Officer may discriminate against any potential bidders
or bidders based upon gender, ethnicity, religious
affiliation, physical disability, or party affiliation in
any procurement proceeding, except specifically
and only where such discrimination is a direct and
unavoidable consequence of a preference program
backed by law. Procuring Entities should endeavor
in developing shortlists to reach out to a broad mix of
bidders that reflect the diversity in the communities
within which they operate.
A person has a right to be awarded a contract
for procurement if they fulfill the following
qualifications:
The Public Procurement Oversight Authority was
established to oversee the implementation of the
Act and its Regulations. PPOA’s key objective is to
ensure public procurement is not only conducted
efficiently, but is also undertaken in an open, fair,
transparent and competitive manner.
1. The person has the necessary qualifications,
capability, experience, resources, equipment and
facilities to provide what is being procured;
2. The person has the legal capacity to enter into a
contract for the procurement;
3. The person is not insolvent, in receivership,
bankrupt or in the process of being wound up and
is not the subject of legal proceedings relating to
the foregoing;
4. The Procuring Entity is not precluded from entering
into the contract with the person under Section 33
of the Act limiting the contracts with employees
and entities in which they have personal interest
or with which they have personal relations;
5. The person is not debarred from participating in
procurement proceedings under Section 115 of
the Act and Regulations 90 and 91; and
6. Any other criteria that may be set by the PPOA
through issued Circulars.
Rights of a Bidder in the Public
Procurement System
a) Access to public procurement opportunities
Any form of discrimination discourages participation
in public procurement and undermines any efforts to
achieve value for money through open competition.
b) Notification of acceptance of tender
Every Procuring Entity is expected to notify the
successful bidder that his/her tender has been
accepted as per the specifications set in the tender
document, while at the same time notify other bidders
that their tenders were not successful. However at
d) Request for Review
The Public Procurement Administrative Review
Board (Review Board) was established to provide
a platform for any aggrieved bidder to have a
review of a decision made by a Procuring Entity.
The requirements for lodging a request for review
include;
1. The complainant must be a candidate in the
procurement process he/she seeks to be
reviewed.
2. The request must be made with fourteen days of
the occurrence of the breach complained of or
notification of award.
3. The applicant seeking a review must specify the
breach of duty which has or may result in the
applicant suffering loss or damage.
4. The request for review shall be presented in a
manner of Form RB1. The form can be downloaded
from www.ppoa.go.ke and is also available in
the Fourth Schedule of the Regulations, 2006.
5. The request for review must be accompanied by
such statements as the complainant considers
necessary to support its request.
6. The complaint must be accompanied by the
requisite fee. The fee for review is found in Part
II of the Forth Schedule to the Regulations. The
fees payable upon filing a request for review
depends on the value of the tender quoted by the
complainant.
7. The request for review should be submitted
to the Review Board Secretariat in 15 bound
copies and a soft copy, pages of which should be
consecutively numbered.
The right of a bidder to request for administrative
review does not however extend to decisions on the
following matters:
1. The choice of a procurement procedure used by
a procuring entity
2. A decision of the procuring entity to reject all
tenders, proposal or quotations
3. Where a contract is already signed in accordance
with the Act
4. Where an appeal is considered frivolous
Where an appeal is lodged, procurement proceedings
will be suspended. The Review Board will complete
its review within 30 days. The decision made by the
Review Board is final and binding on the parties,
unless an aggrieved party appeals to the High
Court.
National Bank Building, 10th Floor, Harambee Avenue • P. O. Box 58535 - 00200, Nairobi, Kenya
Tel: (+254) 20 324 4000 / 221 3106 / 221 3107 • Fax: (+254) 20 221 3105 / 324 4377 • E-mail: [email protected]
www.ppoa.go.ke
CONTRACT AWARDS
SUMMARY OF TENDERS AWARDED BY PUBLIC PROCURING ENTITIES VALUED AT KSHS. FIVE MILLION AND ABOVE REPORTED AS AT DECEMBER 2012, PURSUANT TO SECTION 46(1)
OF THE PUBLIC PROCUREMENT AND DISPOSAL ACT, 2005 AND PPOA CIRCULAR NO. 4/2009 OF JUNE 2009.
PROCURING ENTITY
PROCUREMENT REF NO
DESCRIPTION
KENYA INSTITUTE OF EDUCATION
KENYA INSTITUTE OF EDUCATION
KIE/04/2011-2012
KIE/07/2011-2012
KENYA INSTITUTE OF EDUCATION
KENYA INSTITUTE OF EDUCATION
KIIE/05/2011-2012
KIE/2/2011-2012
KENYA INSTITUTE OF EDUCATION
KIE/14/2011-2012
KENYA REVENUE AUTHORITY
KRA/HQS/DP-104/2011-2012
KENYA REVENUE AUTHORITY
KRA/HQS/DP-118/2011-2012
AGRO CHEMICAL AND FOOD COMPANY LIMITED
PARLIAMENTARY SERVICE COMMISSION
TC/07/2012/03
N/A
TC/04/2012/02
N/A
NA/007/2011-2012
Maintenance Of Broadcast Systems
Supply, Installation And Commissioning Of Curriculum
Development Storage And Processing System
Mainatenance Of Curriculum Development Systems
Supply, Installation And Commissioning Of Curriculum
Support Materials Production Equipment
Proposed Renovations To Reception Area (Out Door Studio) At
Kenya Institute Of Education
Direct Loading Of Safaricom And Airtel Airtime For Financial
Years 2012-2015
Provision Of Training Business Analysis And Software Quality
Assurance Testing
Purchase Of Diamonium Phosphate Tech/Grade
Glanapon/Silcon Defoaming Compound
Sulphuric Acid Technical Grade In Bulk
Purchase Of Urea Technical Grade 46% Nitrogen
Proposed Remodelling Of Senate Chambers And Offices -
PARLIAMENTARY SERVICE COMMISSION
PARLIAMENTARY SERVICE COMMISSION
PARLIAMENTARY SERVICE COMMISSION
RFP/NA/002/2011-2012
ORFP/NA/001/2011-2012
NA/033/2011-2012
Main Works
Human Resource (Recruitment And Selection
Annual Audits Of The Office Of The Auditor General
Group Personal Accident Cover For Members Of Parliament
PARLIAMENTARY SERVICE COMMISSION
KENYA INSTITUTE OF EDUCATION
KENYA INSTITUTE OF EDUCATION
NA/035/2011-2012
KIE/01/2012-2013
KIE/23/2011-2012
Group Life Cover - Members Of Parliament
Procurement Of Inpatient Staff Medical Cover
Supply, Installation And Commissioning Of Tv EditIng Suites
KENYA INSTITUTE OF EDUCATION
KIE/24/2011-2012
PWANI UNIVERSITY
PUC/BCW/19/M/2012
PWANI UNIVERSITY
PUC/BCW/18/M/2012
Supply, Installation And Commissioning Of Microwave Stl
Equipment
Proposed Construction Of Medical Science Laboratory
Proposed Construction Of Generator, Switchboard And
AGRO CHEMICAL AND FOOD COMPANY LIMITED
AGRO CHEMICAL AND FOOD COMPANY LIMITED
AGRO CHEMICAL AND FOOD COMPANY LIMITED
RIFT VALLEY WATER SERVICES BOARD
NUC/047/2011-2012
KIR/PHASE II-C/2012-2013
KENYA SUGAR RESEARCH FOUNDATION
KESREF/TC/082011/2012
NATIONAL AIDS CONTROL COUNCIL
NATIONAL AIDS CONTROL COUNCIL
NACC/RT/136/2011-2012
NACC/RT/103/2011-2012
NATIONAL AIDS CONTROL COUNCIL
NACC/T012/2011-2012
KENYA NATIONAL EXAMINATIONS COUNCIL
COMMUNICATIONS COMMISSION OF KENYA
KNEC/PE/2012/01
KNEC/TN/2012/JULY/04
KNEC/KVA/2012/JULY/03
KNEC/SS/2012/02
KNEC/SS/SEPT/2012/05
YEDF/07/2012
CCK/PROC/OT/12/2012-2013
COMMUNICATIONS COMMISSION OF KENYA
CCK/PROC/OT/11/2012-2013
NAROK UNIVERSITY COLLEGE
KENYA NATIONAL EXAMINATIONS COUNCIL
KENYA NATIONAL EXAMINATIONS COUNCIL
KENYA NATIONAL EXAMINATIONS COUNCIL
KENYA NATIONAL EXAMINATIONS COUNCIL
YOUTH ENTERPRISE DEVELOPMENT FUND BOARD
Transformer House
Completion Of Lecture Halls
Design Of Hydropower Generation Plant, Assessment Of
Repair Works Of The Draw System And Assessment Of
Spillway Adequacy
The Contract Is Intended To Undertake Through A Thorough
Investigation Into Possible Fraud In The Travel Expenses And
Cash Management In The Five Year Period From JAnuary 2006
To December 2010
Implementation Of A Spatial Information Management System
External Audit Of The Towa Funded Hiv & Aids Sub Project
Implementers-Block C-Central,Eastern And Nairobi
Supply, Installation And Commissioning Of An E-Procurement
System
Printing Equipment
Examination Polybags
60 Kva Ups Installation
Security, System Installation
Security Services
Supply, Delivery And Commissioning Of Hatcheries
Tender For Refurbishment Of The Cck Boardroom, Reception
Area And Office Partitioning
Tender For Design And Printing Of Calendars And Diaries For
The Year 2013
Tender For Renovation Of The Cck Nairobi Ask Show Stand
Concept Development, Branding; Production Of Information
Materials And Other Promotional Items; And Management Of
The Ask Nairobi And Mombasa Stands
Civil Works For Sub-Station A At Icd Nairobi
COMMUNICATIONS COMMISSION OF KENYA
CCK/PROC/RFQ/031/2012-2013
COMMUNICATIONS COMMISSION OF KENYA
CCK//RFP/10/2009-2010
KENYA PORTS AUTHORITY
KPA/140/2011-12/CE
KENYA PORTS AUTHORITY
KPA/107/2011-12/IT
Supply And Installation Of Software For Civil Engineering
Department Including Training Of Personnel
KENYA PORTS AUTHORITY
KPA/137/2011-12/ME
Supply Of Vehicles To Kenya Ports Authority
KENYA PORTS AUTHORITY
KPA/118/2011-12/CE
KENYA PORTS AUTHORITY
CONTRACTOR
CONTRACT
VALUE ( KES)
Optiware Communications Limited
Novel Technologies E A Ltd
12,000,000.00
17,880,000.00
Nopel Technologies Ea Ltd
Comchoice Africa Ltd
12,992,000.00
86,000,000.00
Nam Builders
5,034,108.00
Safaricom And Airtel Kenya
10,000,000.00
Ms Renlon Power System
18,127,088.00
Engis-Belgium
Viena-Austria
Pan Africa Chemical
Mea Kenya Limited
M/S Milicons Ltd
M/S Price Water Coopers Ltd
M/S Baker Tilly Merali’s
Icea Lion General Insurance
Company Ltd
M/S Jubilee Insurance Company
British American Insurance Company
Novel Technologies
Optiware Communications Ltd
Ifata Engineering Works
Jedy General Contractors Ltd
Landmark Holdings Limited
Tertiary Consulting Engineers Ltd In
Association With M & E Consulting
Enginners Ltd
Deloitte Consulting Limited
9,413,770.00
11,643,997.00
5,950,800.00
6,198,400.00
2,209,173,479.35
12,330,270.00
5,524,920.00
32,009,437.00
21,961,447.00
19,948,488.00
20,958,293.00
9,808,982.25
51,247,268.80
5,000,000.20
108,638,930.00
10,957,800.00
6,119,000.00
Oakar Services Ltd
Benconsult & Associates
9,650,000.00
5,250,000.00
Fintech Kenya Ltd
8,242,960.00
Spicers (Ea) Ltd
Wayce Logistics
Computer And Business Machines
Com Twenty One Ltd
Pinkerton’s Kenya Ltd
Comnete Technologies Ltd
Flooring And Interiors Ltd
9,976,000.00
11,025,000.00
6,448,496.00
48,855,276.00
19,242,792.00
208,530,000.00
76,877,456.00
Ramco Printing Works Ltd And
Ashdown Ltd
Tratiz Enterprises Ltd
Scanad
12,356,140.00
M/S Icon Building Contractors
5,486,900.00
25,338,685.62
7,829,242.52
Simca Agencies
17,188,395.00
23,876,690.00
Refurbishment Of Shed 2 ( Plats Workshop) At Dockyard
CMC Motors Group Ltd &
M/S Toyota (K) Ltd
Sea - Tech Ltd
KPA/135/2011-12/IT
Proposed Sub-Station A At Icd Nairobi
M/S Sagoo Electrical Ltd
15,838,657.04
KENYA PORTS AUTHORITY
KPA/092/2011-12/GMO
Request For Proposal- Consultancy Services For The Port
Productivity Plan (Pip) For The Port Of Mombasa
Maritime & Transport Business
Solutions
33,562,698.40
KENYA PORTS AUTHORITY
KPA/005/2012-13/HR
Selection Of Consultants To Conduct Training Needs Analysis
Universal Technology Associates
www.ppoa.go.ke
34,491,026.46
7,928,890.00
PROCURING ENTITY
PROCUREMENT REF NO
DESCRIPTION
NATIONAL OIL CORPORATION OF KENYA
NOCK/PROC/03/(518)
Tender for Upgrading of Gatundu Service Station
Tratiz Limited
NATIONAL OIL CORPORATION OF KENYA
NOCK/PRC/03(552)
Channa Construction Ltd
NATIONAL OIL CORPORATION OF KENYA
NOCK/PRC/03(516)
Tender For Construction Of Station Building And Service
Bay At Kipkaren Service Station
Tender For Proposed Construction Of Petrol Station At
Oyugis Town
Telecoms Construction Ltd
26,565,716.60
NATIONAL OIL CORPORATION OF KENYA
NOCK/PRC/03(489)
Tender For Proposed Construction Of Service Station At Mai
Mahiu
Columbia Development Ltd
34,116,086.62
NATIONAL OIL CORPORATION OF KENYA
NOCK/PRC/03(519)
Tender For Proposed Construction Of Petrol Station At
Makutano (Embu/Nyeri Junction)
Athi River Construction Company Ltd
19,751,971.00
NATIONAL OIL CORPORATION OF KENYA
NOCK/PRC/03(263)
Tender For Provision Of Oracle Database And E-Business
Suite Support
Technet Limited
16,600,000.00
NATIONAL HOSPITAL INSURANCE FUND
DP.NO.NHHIF/001/2012-2013
Enhancement Of The Outpatient Claim System To Support
Additional Functions
Fourtel E-Africa Ltd
NATIONAL HOSPITAL INSURANCE FUND
NATIONAL HOSPITAL INSURANCE FUND
NHIF/034/2011-2012
NATIONAL HOSPITAL INSURANCE FUND
NHIF/033/2011-2012
Supply And Delivery Of Photo Card Printers
Printing, Supply And Delivery Of General Information
Brochures
Provision Of Insurance Brokerage Services For Various
Policies For The Year 2012-2013
Supply And Delivery Of Laptops And Modems
Insight Business Systems Ltd - Laptops
NATIONAL HOSPITAL INSURANCE FUND
NHIF/001/2012-2013
NHIF/003/2012-2013
NATIONAL HOSPITAL INSURANCE FUND
NHIF/035/2012-2013
NHIF/025/2011-2012
Supply And Delivery Of Yamckok Ribbons
Printing Of NHIF/KNUT Medical Scheme Benefits Booklets
NATIONAL HOSPITAL INSURANCE FUND
NATIONAL HOSPITAL INSURANCE FUND
NHIF/001/2011-2012
NATIONAL HOSPITAL INSURANCE FUND
NATIONAL HOSPITAL INSURANCE FUND
NHIF/00/2011-2012
NHIF/019/2011-2012
KIMATHI UNIVERSITY COLLEGE OF TECHNOLOGY
KUCT/059/2011-12
UNIVERSITY OF NAIROBI
UON/T/33/2011-12
UNIVERSITY OF NAIROBI
UON/RT/29/2011-12
UNIVERSITY OF NAIROBI
UON/T/26/2011-12
UNIVERSITY OF NAIROBI
UON/T/07/2012-2013
KENYA PORTS AUTHORITY
KPA/098/2011-12/IT
KENYA PORTS AUTHORITY
KPA/094/2011-12/DYD
KENYA PORTS AUTHORITY
KENYA PORTS AUTHORITY
KPA/099/2011-12/ME
KPA/087/2011-12/TE
KPA/085/2011-12/TE
KENYA PORTS AUTHORITY
KPA/108/2011-12/CE
KENYA PORTS AUTHORITY
KPA/089/2011-12/CE
KENYA PORTS AUTHORITY
KPA/119/2011-12/DYD
KENYA PORTS AUTHORITY
KPA/103/2011-12/HPS
KPA/080/2011-12/TE
KENYA PORTS AUTHORITY
KENYA PORTS AUTHORITY
KENYA PORTS AUTHORITY
KPA/081/2011-12/TE
KPA/074/2011-12/PSM
KENYA PORTS AUTHORITY
KPA/102/2011-12/CE
KENYA PORTS AUTHORITY
KPA/126/2011-12/CE
KENYA PORTS AUTHORITY
KPA/104/2011-12/ADM
KENYA PORTS AUTHORITY
KPA/092/2011-12/GMO
KENYA PORTS AUTHORITY
CONTRACTOR
Wheel Graphics Agencies Ltd
CONTRACT
VALUE ( KES)
14,898,469.12
9,510,655.00
6,894,540.00
45,803,000.00
9,550,000.00
Various
50,887,809.00
Insight Business Systems Ltd /
Laptops,Cellnet Ltd
Selex International Ltd
Ovation EnterpriSes
14,350,000.00
A Study On Implementation Of A Health Insurance Fund
Subsidy Program
Purchase Of Motor Vehicle
Training Of Trainers On Benefits Of Civil Servants Medical
Scheme
Proposed Completion Of The Catering Unit (Main Works)
Tender For Supply, Installation And Commissioning Of Local
Area Network At Pre-Clinical Building, Chiromo
Tender For The Supply, Installation And Commissioning Of
Main Lv Board And Poser Distributor At Add Building
Tender For The Supply Of Digital Ge-X-Ray Machine For The
Department Of Clinical Studies, College Of Agriculture And
Veterinary Sciences
Tender For Provision Of Outsourced Security Services
Education Technologies Africa Ltd
17,862,828.00
Toyota Kenya Ltd
Global Training Institute
10,190,832.00
12,030,383.20
K.G. Patel & Sons Ltd
48,028,200.00
Circuit Business Systems Limited
19,649,218.76
Provision For Migration From The Cisco Pix 515e Firewall
To The Cisco 5500 Series Adaptive Security Appliance For
Internet And Network Security
Supply , Installation And Commissioning Of Three CompletE
Main Air Compressors For Asd Tugs
Supply Of One Mobile Air Compressor
Supply Of 240 No. New B/C Rims 8.00x20 Hd281/33510m22
Refurbishment And Modification Of Buiscar Trailers To
Cornerless Trailers
Construction Of Berth 19 And Adjacent Container Stacking
Yard Extension By Further 80 Meters
Proposed Site Clearance Along The Perimeter Walling For
The Iss Project
Supply Of One Plasma Cutter And Two Arc Welding
Machines
Biennial Contract Fro Supply Of Engineering Chemicals
Supply Installation And Commissioning Of 3no. New Over
Height Spreader Frames
Supply And Commissioning Of 20 No. New Skeletal Trailers
Biennial Contract For Supply Of Wire Ropes, Lifting And
Gear Equipment Accessories
Construction Of Sports Gymnasium At Mbaraki Sports Club
Repairs At G-Section Offices And Construction Of Kitchen
And Washrooms
Provision Of Commuter Bus Services For Mombasa,Nairobi
And KIsumu
Consultancy Services For Port Productivity Improvement
Plan (Pip) For The Port Of Mombasa
Copy Cat Ltd
www.ppoa.go.ke
21,900,000.00
14,500,000.00
Kimukom Electrical Services
7,967,460.00
Nairobi X-Ray Supplies Limited
5,990,000.00
Riley Services
6,856,110.30
USD 94567.95
Damen Shipyards Ltd
5,479,094.00
Moha (K) Ltd
Power Parts Ltd
Power Parts Kenya Ltd
5,850,000.00
5,206,080.00
21,924,000.00
China Road And Bridge Corporation
13,281,925.40
Sacci Civil Works Ltd
62,014,944.90
One Touch Gear
6,576,063.20
Engineering Maintenance Products
Stinis
5,000,000.00
USD 251544
Altair Company
Coast Industrial & Tradecon Msa
USD 953872.5
5,000,000.00
Island Homes Developers
50,323,148.00
Marble Construction Co.Ltd
9,503,122.52
Bizcan Transporters, Royal Hisham And
Holiday Car And Tours
Maritime & Transport Business
Solutions
5,000,000.00
43,250,900.00