Departments

Useful Links

  • Public Procurement and Disposal Act

    PPOA Circulars

    Public Procurement & Disposal Regulations

    Youth, Women and PWDs

  • Public Procurement and Disposal Act

    PPOA Circulars

    Public Procurement & Disposal Regulations

    Youth, Women and PWDs

  • Public Procurement and Disposal Act

    PPOA Circulars

    Public Procurement & Disposal Regulations

    Youth, Women and PWDs

The Public Procurement Administrative Review Board (PPARB) as stated in Section 25 of the Public Procurement and Disposal Act (PPDA), 2005 is a continuation of the Public Procurement Complaints, Review and Appeals Board which was established under the Exchequer and Audit (Public Procurement) Regulations, 2001.  It was established to promote and uphold fairness in the Public Procurement System through judicious and impartial adjudication of matters arising from disputed procurement proceedings.

The Board is autonomous and is made up of six members nominated by various bodies as prescribed in Regulation 68 (1) (a) and three other members appointed by the Minister.

Sections 93 100 of the PPDA read together with Regulations 67 88 of the Public Procurement and Disposals Regulations, 2006 are the provisions that govern the Review Board.

Statistically, the PPCRAB has since its inception handled the following under of cases: Year

No. of cases

2001 - 12

2002 - 44

2003 - 33

2004 - 46

2005 - 52

2006 - 58 as at 31st December, 2006

TRANSITION FROM 2001 REGULATIONS

As part of the Government reform agenda, the need to strengthen and streamline the procurement process was given prominence. This therefore, led to the enactment of The Public Procurement and Disposal Act, 2005 and Public Procurement Regulations 2006, which was operationalised on 1st January, 2007 vide a legal notice No. 174. The Third Schedule of the Act, Sections 11, 12 and 13 sets out the transitional provisions. Section 25 of the Act establishes the Public Procurement Administrative Review Board. The composition and membership of the Public Procurement Administrative Review Board is set out in Regulations 67-72 while procedures in reviews is set out in Regulations 73-88. The Public Procurement Administrative Review Board has so far handled 8 cases as at 8txh March, 2007. A request for a review and matters NOT subject to review are set out in Sections 93 (1) and 93 (2) of the Public Procurement and Disposal Act, 2005 respectively.

MODE OF FILING REQUESTS

The mode of filing requests to the Public Procurement Administrative Review Board is set out in Regulation 73, Sub-Regulations (2), (3) and (4).

FORMS OF REVIEWS

The Forms of reviews are set out in the Fourth Schedule pursuant to Regulation 73 (1).

The functions of Policy and Legal Division shall be to:-

  • Prepare, update and issue authorized versions of the standardized tendering documents, procedural forms and any other attendant documents to procuring entities.
  • Issue procurement guidelines and manuals to procuring entities.
  • Undertake research and surveys nationally and internationally on procurement activities.
  • Develop a system and agree on a list, which shall be reviewed annually of works, services and supplies in common use by more than one procuring entity which may be subject to common procurement.
  • Advise Central Government, local governments and statutory bodies on all procurement policies, principles and practices.
  • Disseminate and provide advisory services on the use of standard tender documents to all stakeholders.
  • Advise on institutional set up of procuring entities in the country.
  • Making interpretation to the law regulations or instructions issued by the PPOA on public procurement when called upon to do so.
  • Carrying out research on the public procurement activities for the purpose of improving the public procurement system.
  • Giving assistance to public entities on their procurement activities when requested to do so.
  • Receiving and dealing with complaints on the performance of the public procurement not related to appeals against contract awards or not directed to the Review Board.
  • Ensuring that the public has access to the law, regulation, and instructions issued by the PPOA on the public procurement system in liaison with the Administration Division
  • Study, verify and make recommendations on applications from procuring entities on debarment of candidates from participating in public procurement.
  • To issue written directions to procuring entities in respect to the conduct of procurement proceedings for the purpose of establishing efficiency and uniformity.
  • Organizing the public procurement consultative meeting of stakeholders as required by the regulations.

Functions/Mandate
The mandate of the Compliance Department is drawn from Section 9 of the Public Procurement and Disposal Act, 2005. This mandate is summarized as:

  1. To ensure procurement procedures are complied with as established under the Public Procurement and Disposal Act, 2005 and Regulations, 2006.
  2. Monitoring the overall functioning of the public procurement system including accountability and documentation of the procured items. In carrying out the above functions, the Authority's compliance department has the following responsibilities:-
    1. Establishing a system to support, implement and monitor the performance of the Public Procurement Act, Regulations and Guidelines;
    2. Conduct periodic procurement reviews and assessments of records and proceedings of the procuring and disposing entities to ensure full and correct application of the Public Procurement and Disposal Act, 2005;
    3. Inspecting the records of any public entity on procurement for the purpose of ensuring that the procurement proceedings are carried out in accordance with the law, regulations and instructions of the Public Procurement Oversight Authority.
    4. Ensuring that the public entities have established necessary committees in accordance with the regulations and their performance meet the required standards.
    5. Receiving and dealing with complaints on the performance of the public procurement not related to appeals against contract awards or not directed to the Appeals Board.
    6. Ensuring that the public entities maintain records on public procurement as required by the procurement law.
    7. Ensuring that the procurement of the public entities is carried out in accordance with their procurement plans.
    8. Issue written directions to procuring entities in respect to the conduct of procurement proceedings for the purpose of establishing efficiency and uniformity.
    9. Advising on the Act, regulations or instructions issued by the PPOA on public procurement when called upon to do so.
    10. Ensuring that the public entities make their choices of procedure for procurement in accordance with the regulations.
    11. Ensuring that the disposal of stores and equipment are carried out by the procuring entities in accordance with the regulations.
    12. Reviewing the extent of the application of preferential bias to local participation;
    13. ensuring that debarred candidates do not participate in public procurement;
    14. monitoring implementation of the decisions of the Review Board by procuring entities;
    15. monitoring submissions of contract awards, and ensure returns by procuring entities are posted on PPOA website;
    16. analyzing the statutory reports made to PPOA by procuring entities to ensure compliance with provisions of the Act and regulations;
    17. ensuring use of the standard tender documents by procuring entities
    18. undertake any activity that may be necessary for the execution of its functions

As PPOA implements procurement reforms for the purpose of effectively managing public resources and to ensure sustainability of these reforms, initiates training & capacity building of officers within the public sector. Training & capacity building of procurement officers and officers involved in procurement in all public procuring entities is therefore a major responsibility. To facilitate this, PPOA has established a Capacity Building Department (CBD) within its organizational structure which draws its mandate from Section 9 (c) (iii) of Public Procurement & Disposal Act 2005.

The Department's mandate is to develop, promote and support the training and professional development of persons involved in procurement. It is also responsible for developing appropriate policies, strategies, rules and regulations for promoting and supporting training and professionalism in Public Procurement.

It is headed by a Manager under whom, four (4) officers are assigned.

Department's Vision
To have a vibrant procurement undertaken by professionals in the public sector

Department's Mission
To professionalize the procurement function in the public sector

Department's Objectives
To develop, promote and support training and professional development of individuals involved in procurement

  1. To build adequate capacity to provide quality services to the procuring entities, other stakeholders and the public
  2. To improve the capacity of the Procuring Entities to comply with the Public Procurement Act

Core Values

  1. Professionalism
  2. Integrity
  3. Accountability
  4. Transparency
  5. Teamwork
  6. Efficiency
  7. Effectives

Functions & Mandate

  1. To develop, promote and support training and professional development of individuals involved in procurement
  2. To build adequate capacity to provide quality services to the procuring entities, other stakeholders and the public
  3. To improve the capacity of the Procuring Entities to comply with the Public Procurement Act

The Finance and Administration Department was established to coordinate Human Resource, Finance and general support services to the PPOA.

CORE FUNCTIONS

  1. Provision of Financial and Human Resource Management Services.
  2. Co-ordination and harmonisation of administrative support service.

STRATEGIC OBJECTIVES

  1. To co-ordinate and implement policies relating to management systems and budgets
  2. To provide administrative and support services.
  3. To maintain and update management systems.
  4. To Identify and coordinate the Authority’s development projects in line with the strategic plan
  5. To provide expenditure control for enhanced accountability, transparency in line with Government Financial Policy and Regulations.

The Finance and Administration Department is coordinated by the Director/Finance & Administration and comprises the following units:

  • Administration unit
  • Human Resource Management
  • Accounts and Finance Unit
  • Internal Audit unit
  • Procurement unit

Corporate Governance Structure

Corporate Governance is the process by which institutions are directed, controlled and held to account. The PPOAB is responsible for the Governance of PPOA and is accountable to the Minister for Finance and the Kenyan Public for ensuring that PPOA complies with the law, the highest standards of corporate governance and business ethics.

The Finance and Administration Department was established to coordinate Human Resource, Finance and general support services to the PPOA.

CORE FUNCTIONS

  1. Provision of Financial and Human Resource Management Services.
  2. Co-ordination and harmonisation of administrative support service.

STRATEGIC OBJECTIVES

  1. To co-ordinate and implement policies relating to management systems and budgets 
  2. To provide administrative and support services.
  3. To maintain and update management systems.
  4. To Identify and coordinate the Authority’s development projects in line with the strategic plan
  5. To provide expenditure control for enhanced accountability, transparency in line with Government Financial Policy and Regulations.

The Finance and Administration Department is coordinated by the Director/Finance & Administration and comprises the following units:

  • Administration unit
  • Human Resource Management
  • Accounts and Finance Unit
  • Internal Audit unit
  • Procurement unit

Corporate Governance Structure

Corporate Governance is the process by which institutions are directed, controlled and held to account.  The PPOAB is responsible for the Governance of PPOA and is accountable to the Minister for Finance and the Kenyan Public for ensuring that PPOA complies with the law, the highest standards of corporate governance and business ethics.

  1. Organisational Structure
    1. Members of the PPOAB
    2. Members of the ARB
    3. Members of the Senior Management
    1. Mission statement
    2. Vision statement
  2. PPOA functions (Section 9 of the Act)
  3. Committees of the Board
    1. Finance and Administration
    2. Compliance
    3. Education and Communication
  4. Corporate Social Responsibility (PPOA’s responsibilities to its communities)
  5. Resource Centre
  6. Linkages with other oversight public bodies e.g EMU KACC, KEWAO MOF, KISM
  7. Financial Reporting
    1. Annual/Quarter Reports to MoF
    2. Annual/Quarter Audited Reports
  8. Diary
    1. PPOA – Highlights in the year
    2. Programmed up-coming events events/Activities
    3. Prominent visitors/visits
  9. Awards/Rewards
    1. To PPOA Interna
    2. To PPOA fraternity Internal
    3. From PPOA to External


VISION

Lead in value creation through Technology.

MISSION
Provide business solutions that ensure availability of accurate, reliable and affordable information and communications services throughout the Public Procurement Oversight Authority.

OBJECTIVES
This defines the Public Procurement Authority's Information and Communications objectives.

  • Support the authority's Strategic plan.
  • Deliver value for money ICT infrastructure and business systems
  • Develop the ICT governance and organization structure to support the Authority
  • Develop the right people skills to support and utilize ICT systems
  • Manage risks associated with use of ICT systems

KEY BUSINESS SYSTEMS
The ICT plan is driven by the plan of the Authority which in turn is driven by the authority's core mandate objectives. The core mandate objectives are further supported by a range of administrative processes.

CORE FUNCTION BUSINESS SYSTEMS The Authority will automate core function systems in order to achieve the core mandate objectives. This will involve deployment of specialized ICT systems which in most cases would be deployed using internet applications and if on a non-internet platform would require collaboration with internet for purposes of posting updates. A good example of a core mandate system that will be deployed in the authority is e-procurement. Once this is implemented and linked to the procurement entities, it will be a key tool for the Compliance function to use in monitoring and evaluation of the Procurement Entities. The core function business systems to be automated are:-

  • Policy and Research
  • Capacity Building
  • Compliance
  • Appeals Review Board

The Internal Audit Department is to provide reasonable assurance and consultancy in order to add value as well as improve the Authority’s operations and internal control systems The Department assists the Authority to accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes.

To ensure independence, the Internal Audit Department reports functionally to the Advisory Board of the Authority through the Audit Committee and, administratively to the Director General.

The department has since been able to help in constitution of the Audit committee which is headed by a member of the Advisory Board who is an expert in financial matters as required by the relevant Treasury Circular.

Other achievements include:

  • Development of the internal Audit charter
  • Development of the Audit Committee charter
  • Corporate Governance training to the Audit committee Members.
  • The department is currently preparing an Audit Manual and a Risk Management Manual.