Public Procurement / Buying is regulated by law and certain procedures have to befollowed.

Demonstrate that you are qualified for the tender

Read and understand the public procurement law.1.

Read and understand the eligibility requirements in the tender document.2.

Dos and Don’ts of Public Procurement in Kenya

DOs

Preparation Of Bid

Bid Submission

Consolidate all the documents required in the tender document and ensure you have all information when preparing your bid.3.

Seek clarifications from the procuring entity in writing when not clear about any requirement 4.

Fill the documents with indelible ink5.

Countersign all alterations6.

Provide all information required by the Procuring Entity in the tender document 7.

Include and indicate all duties, taxes and other levies

Indicate all costs i.e. quote the total price, including transport, insurance, design, maintenance etc.8.

Find out if alternative bids are allowed and if allowed confirm:

How they should be submitted

How bid prices should be offered

On what basis the alternative bids will be evaluated

13.

Paginate all your documents sequentially14.

Bind your documents to ensure some pages are not detached and lost15.

Submit the documents as required or stated e.g. Submit your bid sealed in an envelope and clearly labeled as per instruction16.

Submit your bid document before submission deadline17.

Retain a copy of your tender document.18.

9.

Quote in the currency (or currencies) acceptable to the public entity. Equally confirm the currency which will be used during payment

Ensure your bid has the right validity period10.

Fill the tender documents as instructed11.

12.

The Director General Public Procurement Oversight AuthorityNational Bank Building, 11th Floor, Harambee Avenue, NairobiP. O Box 58535 - 00200 NairobiTel: +254 20 2213106 / 2213107 / 3244000Fax: 0203244377Email: info@ppoa.go.ke, complaints@ppoa.go.ke Website: www.ppoa.go.ke

COMMONLY USED WORDS IN 30% MINIMUM PROCUREMENT

OPPORTUNITIES RESERVED TO THE DISADVANTAGED GROUPS

A guarantee from a financial institution as specified to demonstrate that the bidder will perform as per thecontract.

Performance Bond

An assessment, made by a public entity to a supplier on his / her experience and capacity before buyinggoods, services or works from the suppliers.

Pre-qualification

A public body which is buying from suppliers, contractors or service providers.Procuring Entity

Exact needs spelt-out by the buyer which are supposed to be met by the supplier / contractorSpecification

An offer from a supplier, contractor or service provider in response to an invitation by a public entity.Bid (same as Offer, Proposal,Quotation and Tender)

It is a guarantee issued by a bank, approved insurance company, Sacco, Youth Enterprise DevelopmentFund, Women Enterprise Fund or any Deposit Taking Microfinance Finance Institution that the bidder willnot withdraw from the bidding process midstream

Bid Bond / Security, tendersecurity

A certification from a supplier that the price he / she has quoted will remain the same for the period statedin their bid document

Bid validity

It’s the time a supplier’s offer is considered valid. If the validity expires there is no offer.Bid Validity Period

Qualification requirements spelt out in tender documents to meet by the bidders.Eligibility

An expression of interest (EOI) is showing interest or applying to offer skilled services required by a publicentity.

An agreement entered into by two or more suppliers to undertake a task jointly and submit a joint bid.

EOI

Joint Venture

Persons aged 18-35 years

Assistance to successful tenderers given by public entities in guaranteeing banks or financial institutionsthat successful bidders will be paid through those financial institutions after supply of goods, delivery ofservices or execution of works and in return the financial institutions advance loans to such suppliers.

LPO financing

Youth

A supplier / contractor engaged by the main contractor / PE to fulfill part of a contract. Subcontractor

MEANINGTERM

DONT’s

Bid Submission

After Bid Opening

Contract Execution And Implementation

Accept correction of arithmetic errors when notified by the Public entity21.

Ensure all communications to the Procuring Entity is in writing22.

Extend your bid validity period if requested23.

Maintain confidentiality by ensuring you do not interfere / communicate with the public entity during evaluation20.

Provide performance guarantee if required25.

Perform the obligations of the contract26.

Sign the contract if successful24.

Where possible attend the tender / bid opening or send a representative to witness the bid opening.19.

Do not submit your tender documents past the deadline of submission1.

Do not solicit for information / communicate with the public entity after bid submission deadline2.

Do not bribe or engage in corrupt practices3.

Do not assume or underrate any requirement in the tender document. All requirements will be considered during evaluation. 4.

Do not use intermediaries / Brokers5.

Do not make reference to brand names, catalog numbers or similar classifications unless specified in the tender document6.

Do not modify or withdraw your bid after submission deadline7.

FREQUENTLY ASKED QUESTIONS (FAQs)

Where do I register for AGPO certificate?1.

Answer. At The National Treasury, County Government Treasury or Online (www.agpo.go.ke)

2.

What is unbundling?

What is a bid bond / security or tender security?

Answer. It is a guarantee issued by a bank, approved insurance company, Sacco, Youth Enterprise Development Fund, WomenEnterprise Fund or any Deposit Taking Microfinance Finance Institution that the bidder will not withdraw from the bidding processmidstream.

3.

Answer. This is the dividing of a large or complex procurement into several procurements.

Do the disadvantaged groups require bid bond when participating in open tenders that are not reserved for them? unbundling?4.

Answer. Yes

How is the 30% and above, procurement spend reserved for disadvantaged groups shared among the youth, women and personsliving with disabilities?

5.

Answer. Currently there is no legal requirement for allocating specific percentage to a certain group.

What happens if the reserved groups within the county do not have the capacity?6.

Answer. The procuring entity can open the opportunity beyond the county.

For how long does one benefit from the scheme?7.

Answer. A term of five years renewable once upon provision of adequate reasons.

Is the 30% and above, procurement spend, reserved for the disadvantaged category limited to opportunities contained in the treasurycircular No. Conf. 5/4/04/ (24) dated 17/10/2012?

8.

Answer. No. A public entity will increase these opportunities to reach the minimum 30% and above procurement spend, and includeother procurements unique to their sector