PUBLIC PROCUREMENT AMENDMENT

REGULATIONS 2013
Presented to NDMA

Schematic Representation of Legal and

Regulatory Hierarchy
THE
CONSTITUTION

(THE ACT)
PROCUREMENT
LAW

CIRCULARS

(REGULATIONS)
THE PROCUREMENT
REGULATIONS

PROCUREMENT
MANUALS

Schematic Representation of Legal and

Regulatory Hierarchy
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

Schematic Representation of Legal and

Regulatory Hierarchy
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.

Schematic Representation of Legal and

Regulatory Hierarchy
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

THE PUBLIC PROCUREMENT & DISPOSAL (AMENDMENT)

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.
14

THE PUBLIC PROCUREMENT & DISPOSAL (AMENDMENT)

REGULATIONS, 2013 CONTD..

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

THE PUBLIC PROCUREMENT & DISPOSAL (AMENDMENT)

REGULATIONS, 2013 CONTD..

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 A procuring entities Contd.

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

Threshold Matrix: Class C PEs Contd