Rules on tender awards list out

President Uhuru Kenyatta during a briefing meeting on the status of major infrastructure projects in the energy sector at Harambee House

NAIROBI, KENYA: All public entities are now mandated to publish information on tenders awarded on the 15th of every month as dictated by the new rules on procurement.

Procurement offices are also required to keep information on all tenders awarded and works done for up to six years after the goods or works have been done.

This is whether the companies were awarded the contracts or not.

Details of tenders awarded by public offices will now be put in the open for all Kenyans to scrutinise following these new tough guidelines directed by President Uhuru Kenyatta.

Nothing has been left to chance in the manner which the Government issues contracts as the new guidelines issued by Head of Public Service Joseph Kinyua dictate that every small detail of the tender has to be included.

The publications, read the circular by Kinyua to all government entities, will be published not only on the websites of public procurement entities but also on the e-citizen platform, public notice boards, Government publications and the Public Procurement Regulatory Authority.

This is in line with President Kenyatta’s Executive Order of June 14 that directed all Government tenders to be made public.

The order ropes in all public offices and institutions, including hospitals and schools.

“Accounting officers across the government are further directed to ensure that the contents of both the Executive Order as well as this circular are brought to the attention of all institutions under their State department and or supervision; as well as ensure full implementation and compliance with the same,” said Kinyua in the circular.

The new guidelines, as per the order now, will have public offices lay bare if the companies that win the tenders and contracts awarded really did so in a transparent manner.

Some of the details that will be in the open include their tax compliance as per the taxpayer records, the kind of business they run and whether it tallies with the contracts awarded, names of the directors or proprietors, physical address, phone contacts and details of their business permits.

Other details according to the Executive Order include current market price of the contract, technical and financial capability of the company awarded, award date and contract period.

“That all procurement approvals, management and confirmation of performance and delivery of awards worth at least Sh10 million shall be under the hand of the accounting officer of the procuring entity,” reads the Executive Order in part.

It adds: “That the procuring entity shall keep records for each procurement for at least six years after the resulting contract has been completed or, if no contract resulted, after the procurement proceedings were terminated.

The National Assembly, according to the Executive Order, has been directed by President Kenyatta to secure the seamless integration of all procurement entities to the e-procurement module under the Integrated Financial Management Information System by January 1 next year.

“Ensure that by the 1st of January, 2019 all public procuring entities undertake all their procurement through the e-procurement module,” reads the order.