- Category: News and Highlights
The Procurement Division of KIPPRA undertook a two-day seminar to sensitize youth, woman and Persons with Disabilities (PWDs) on various laws and regulations governing procurement and supplies in public offices. The seminar took place at the Utalii Hotel on 19-20 May 2016.
The head of KIPPRA’s Supply Chain Division Mr Peter Munene welcomed the participants, explaining the importance of the training in enlightening suppliers on their duties and obligations as well as their rights as far as supplying items and services to public offices is concerned. Mr Munene gave a detailed overview of the legal framework governing public procurement in Kenya, noting that the main law is the Constitution, which in Article 227 outlines all the procurement procedures to be adhered to by public organizations to ensure uniformity and standardization.
Various aspects of the Public Procurement and Asset Disposal Act 2015, which is the new law guiding all supplies, procurement and disposal processes in public offices were also highlighted. This law replaces the Public Procurement and Disposal Act, 2005. The new law requires that a supplier should be paid within 30 days of delivery of an invoice.
The contents of a procurement contract as well as the terms and conditions were also discussed. Once a supplier agrees to supply certain items, they are bound to do so within the stipulated time. Neither the supplier nor the procuring entity can change goal posts (alter the contents of the contract) once the formal contract is signed.
The presentation also covered the contents of a good contract, including the sellers and buyers obligations. One of the requirements is that the specifications and details of the contract must be clearly understood by the seller/supplier. The contract should state all the specs, expected quality and quantity and the seller should seek clarifications if some aspects are not clearly stated.
As opposed to the previous laws, which required pre-qualification of suppliers, the new law calls the process registration of suppliers and it is done continuously to ensure the database is constantly updated.
If the seller or buyer is acting as an agent, it should clearly be indicated in the contract. The contract should be a win-win situation to minimize conflict. Suppliers should be realistic and objective to avoid making unrealistic promises.
The possible pitfalls and mistakes in tendering process were also highlighted, one of them being suppliers providing disorderly bidding documents with poorly numbered pages.
The training also highlighted the key procurement documents and forms, their importance and how to fill them. The importance of meeting the preliminary mandatory requirements was emphasized as it determines whether or not the bidder will move to the technical and financial stages of the tender evaluation.
An official from the Youth Enterprise Development Fund, Mr Julius Ireri , was also invited to sensitize the participants, particularly the youth, on financial options to enable them supply products and services with ease. Mr Ireri said that a youth could access a loan of between Ksh 100,000 and Ksh 20 million, adding that no security was required for loans below Ksh 1 million. The officer said before releasing the finances, the organization also ensures the procuring entity complies with procurement regulations and requirements such as paying on time where he cited KIPPRA as a good example. Mr Ireri completed his presentation by giving his email contacts and the organization’s physical address.