The Treasury Circular No . 02/2016 dated 29th March, 2016 issued Under cover of letter Ref. No .NT/PPD.1/2/02/PART1 11(75) sets out the guidelines for operationalization of the Public Procurement and Asset Disposal Act, 2015. It is incumbent upon procuring entities to ensure that the Act is implemented as guided in the aforementioned Treasury Circular.
As part of continuous transformation of the public procurement system, the Act contains provisions that seek to make available information on procurement and disposal issues to stakeholders such as Parliament and the public.
The Authority through this circular brings to the attention of the Procuring Entities the following various reports to be submitted to it (the Authority) under the Act.
Reports on General Procurement Transactions
1. Terminations of Procurement and Asset Disposal Proceedings
2. Direct procurements of a value exceeding Kshs. 500,000/=.
3. Disposal of public asset(s) to employees.
4. Contract awards
5. Contract Amendment/Variation
6. Report on seeking approval for use of Alternative Selection
Method other than Quality Cost Based Selection (QCBS) for
Report on Preferences and Reservation scheme
7. Quarterly Report on all contract awards where Preferences and
Reservation scheme is used including Preferences and
Reservations Scheme for Disadvantaged Groups (Youth, Women
& Persons with Disability); Micro, Small & Medium Enterprises;
Identified Regions; Citizen Contractors; Resident
Suppliers/Contractors at the County levels; Bias to Local
Participation (40%) on International Tenders and other
categories as may be prescribed in the Regulations.
8. Six (6) Months report (July to December; due by mid-January
and January to June; due by mid-July of every Financial Year)
on Preferences and Reservation of contracts awarded to Youth,
Women and Persons with Disabilities.
9. Part of the Annual Procurement Plan demonstrating
procurements set aside under the Preference and Reservation
In order to comply with the aforementioned mandatory reporting requirements, Accounting Officers are required to submit the above stated reports to the Authority in accordance with the format and timelines prescribed in the Act, attendant subsidiary legislations and this circular.
Note that this circular supersedes all previous circulars on mandatory reporting requirements issued under the repealed Public Procurement and Disposal Act, 2005
Please bring the contents of this circular to the attention of all officers involved in the Public Procurement and Disposal System within your jurisdiction.
A summary of the required reports including the reporting templates are attached to this circular and are numbered pages1-16.
Maurice Juma, MBS
As you are aware, the Public Procurement and Asset Disposal Act, 2015(the Act) came into force with effect from 7th January, 2016. The Act was enacted by Parliament to operationalize the provisions of Article 227 of the Constitution of Kenya, 2010.
Section 157 (12) & (13) of the Act instructs procuring entities at the national and county level to submit reports to the Authority every six (6) months demonstrating compliance with the legal provisions on implementation of the preferences and reservation scheme. The report should be disaggregated to indicate the number of youth, women and persons with disability from whom goods, works and services have been procured by the procuring entity as required under section 157 (13) (b) of the Act. This is a mandatory report to be submitted to the Authority to enable preparation of a report to Parliament pursuant to Section 157 (14) of the Act.
To this end, Accounting Officers are required to submit the stated report by 14th day of July and 14th day January of each financial year respectively unless otherwise advised in conformity to the enclosed format.
The report for the period January-June, 2016 was due on 14th July, 2016. Kindly expedite to forward your reports without further delay with strict adherence to the date specified in the letter issued to the respective procuring entity.
You can download and use the attchment below, which is in excel format:
The Public Procurement and Asset Disposal Act, 2015 (the Act) came into effect on January, 7th 2016. The Act gives effect to Article 227 of the Constitution which provides that public procurement should be conducted in a system that is fair, equitable, transparent, competitive and cost-effective.
The Public Procurement Regulatory Authority (PPRA) is responsible for ensuring that the procurement procedures established under the Act are complied with.
The Cabinet Secretary, National Treasury is mandated to prescribe regulations to support operationalization of the Act. The National Treasury has concluded development of the draft regulations. The draft Public Procurement and Asset Disposal Regulations, 2016 are now available for comments by stakeholders and can be accessed via the link:
As advertised on the Daily Nation (Thursday 17th March 2016) , the Authority seeks to engage service providers for the following services;
Click on the link below to download the Tender document for disposal of motor vehicles and copiers
Click on the link below to download the Tender Document for the supply, implementation of vehicle alarm tracking and fleet management system
Click on the link below to download Tender for provision of cloud-based E-Board Management System.
Completed Tender Document MUST be enclosed in plain sealed envelopes, marked with the relevant Tender Number and Name should be deposited in the Tender Box provided at the PPOA offices, 10th Floor, National Bank Building, Harambee Avenue, Nairobi and addressed to;
The Director- General,
Public Procurement Oversight Authority
P. O box 58535 - 00200 , Nairobi
So as to be received on or before the respective dates provided for each tender at 10.00am. Tenders will be opened immediately thereafter in the presence of tenderers' representatives who choose to attend the opening at the Board Room on the 10th Floor , National Bank Buiding, Harambee Avenue.