1-Overview of Public Proc. Amendment Regulations 2013

PUBLIC PROCUREMENT AMENDMENT

REGULATIONS 2013

Presented to NDMA

Schematic Representation of Legal and

Regulatory Hierarchy

THE

CONSTITUTION

(THE ACT)

PROCUREMENT

LAW

(REGULATIONS)

THE PROCUREMENT

REGULATIONS

PROCUREMENT

MANUALS CIRCULARS



The Constitution

The Constitution serves as the highest legal authority. It is not expected to be emended except under exceptional circumstances. It covers all institutions and people in the country.

The Act of Parliament-The Procurement Law

The Procurement Law provides the basis for the legal and regulatory framework specific to procurement. It has legal authority over all public entities. It can however be amended by Parliament if necessary



The Procurement Regulations

A subsidiary legislation

The Procurement Regulations issued by the Minister for Finance prescribes various

provisions of the Procurement Law .They

can be amended by the Minister for

Finance whenever necessary.



The procurement Manual (Systems &Procedures)

Different Procurement Entities may have different technical requirements and so may have different manuals that address their specific institutional operations but must be in conformity with the ACT and the Regulations

Circulars

The circulars to be issued by the Authority from time to time will provide clarifications of the provisions of the Act and the Regulations for ease and uniform interpretation.

Purpose of the Act

The purpose of the public procurement and disposal Act 2005 is to establish procedures for procurement and

disposal of unserviceable, obsolete or surplus stores and

equipment by public entities to achieve the following:

Maximize economy and efficiency;

Promote competition and ensure that competitors are treated fairly;

Promote integrity and fairness of these procedures;

Increase transparency and accountability in those procedures; and increase public confidence in those

procedures.

Guiding principles

Guiding principles and values are:

National values and principles provided for under Article 10,

The equality and freedom from discrimination under Article 27,

Affirmative action programmes under Article 55 and 56, Principles of integrity under the leadership act, The principles of public finance under article 201, Values and principles of Public Service under Article232, Principles governing the procurement profession,

international norms,

Issues to consider

It is in the line with the above that the presidential executive order No.6

regarding the ethics and integrity in the

public service need to be understood.

Why?

Rampart corrupt practices within the procurement processes manifested

through, favoritism, manipulation of the

tendering process among others.

How do we use the law to achieve our

mandate?

The National Drought Management Authority (NDMA) is a statutory body established under the State

Corporations Act (Cap 446) of the Laws of Kenya by

Legal Notice Number 171 of November 24, 2011.

The Legal Notice gives the NDMA the mandate to establish mechanisms which ensure that drought

does not result in emergencies and that the impacts

of climate change are sufficiently mitigated.

How does our core values help us comply with the

law and achieve our mandate?

Passion for results

Accountability and Integrity

Selfless service based on citizen orientation

Responsive to the needs of vulnerable groups

Participatory approach

Transformative innovation

AMENDMENTS TO THE PPDA, 2005

PPP Act 2013 (sec 78) deleted Sec 92 (1 and 2a) by deleting the word concessioning.

THE PUBLIC PROCUREMENT & DISPOSAL

REGULATIONS , 2006 (AMENDMENTS)

1st amendments to regulations were promulgated on 18th September, 2009 under Legal Notice 141

Designates local authorities and constituencies as regions for preference for local suppliers

Reviewed CDF Tender committee memberships.

THE PUBLIC PROCUREMENT & DISPOSAL (AMENDMENT)

REGULATIONS, 2013

Regulations were promulgated by Cabinet Secretary of the National Treasury on 18th June, 2013 under Legal Notice No.106

PEs to maintain standing lists of suppliers bi-annually and submit to PPOA within 14 days

Start procurement upon approval of procurement plans and budgetary estimates

Consolidated 3 committees namely, Tender Evaluation Committee, Negotiation Committee and Inspection &Acceptance

Committee into one Tender Processing Committee

Procurement plans to be approved by Tender Committee

Reduced pre-qualification period from 14 to 7 days

14


REGULATIONS, 2013 CONTD..

Revised contract variation from 15% to a maximum of 25% of original contract sum

Reduced minimum period of preparation of international tenders from 30 to 21 days

Reduced fees for tender documents from maximum of KES. 5k to 1k and abolished fees for docs acquired electronically, Expression Of

Interest and Pre-qualifications

Reduced period of preparation of national tenders from 21 to 14 days

Allows bid bonds from Deposit Taking Microfinance Finance Institutionss, Saccos, Youth Enterprise Development Fund and

Women Enterprise Fund.



Period of tender evaluation reduced from 30 to 15 days but Accounting Officers allowed to increase to a maximum 30 more days if tender is

complex

Reduced period of submission of restricted tenders from 14 to 7 days

Allowed competitive negotiations as specially permitted procedure

Tender award period should not exceed 30 days from date of tender opening

Unsuccessful tenderers to given reasons for failure

Reduced appeal window from 14 to 7 days from date of occurrence of breach or notification of award



Reduced submitted bound copies from 15 to 3 (intention?)

Appeal fees non-refundable

PEs to furnish ARB Secretary with names and contact details of all parties immediately after notification of appeal

PEs to submit memo of response within five days or lesser as specified by Administrative Review Board Secretary

PEs to submit to PPOA details of contract awards on quarterly basis.

ARB fees increased from Kshs. 2000-5000

Threshold Matrix amended-See subsequent slides

Threshold Matrix: Class A procuring Entities

Threshold Matrix: Class A procuring entities Contd.

Threshold Matrix: Class B Procuring Entities

Threshold Matrix: Class B PEs Contd..

Threshold Matrix: Class B PEs Contd

Threshold Matrix: Class B PEs Cond

Threshold Matrix: Class B PEs Contd

Threshold Matrix: Class C PEs

Threshold Matrix: Class C PEs Contd..

Threshold Matrix: Class C PEs Contd

1-Overview of Public Proc. Amendment Regulations 2013

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