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{
    "id": 1152537,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1152537/?format=api",
    "text_counter": 80,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Zani",
    "speaker_title": "",
    "speaker": {
        "id": 13119,
        "legal_name": "Agnes Zani",
        "slug": "agnes-zani"
    },
    "content": "There has to be some justification from the original prices based on prevailing consumer price index obtained by the Kenya National Bureau of Statistics; the quality- quantity variation for goods does not exceed 15 per cent. That is the capping so that you do not have an open-ended quality-quantity variation. For example, if you had requested for 30 bags of a particular product and now you are varying it up to more than the 15 per cent, that will not be acceptable. It should not exceed more than 15 per cent. So, the variation should be within limits plus or minus 15 per cent. The price or quantity variation is to be executed within a period of the contract so that forces of the market economy do not come into place. Mr. Speaker, Sir, the cumulative value of all contract variations for goods do not result in an increment of the total contract long term which then surpasses even the figure that had been put in the first place. The cumulative value of the professional services should not result in increment of the total contract prices by more than 25 per cent Those provisions are very important. They are just to guide where the Amendment Bill proposes for amendment, that amendment should be put in place. The method for computing price variation under that this clause shall be prescribed in regulations. This is key because the regulation can make sure that a thorough follow-up can be put into place under any circumstances. Remember, there will also be an authority. The CS office will also be part and parcel of this. Through this tied jacketed procedures then it will be possible for us to look at the procuring entity and the provisions that they have to go through. Therefore, they should be comfortable that the award for that procurement was done within the basics of the particular Act. Clauses 32 and 33 give further provisions. Clause 34 is about renumbering, existing provisions as subsections and inserting new section notwithstanding the provision of subsection (1). It further talks about filing fees for review by candidates under reserve procurement. This is very important. It says filing fees for women, youth, PWD and other disadvantaged groups, may be waived by the secretary or where required fees shall be as prescribed. This provision is key in terms of filing fees for review. Mr. Speaker, Sir, I see can Sen. Sakaja in the House. They have also dealt with this issue in the Committee on Labour and Social Welfare. They have received a lot of complaints about PWD, women, youth and other disadvantaged groups not being able to raise filing fees despite the 30 per cent procurement quota reserved for them. I welcome the possibility of a waiver or consideration filing charges. It is just filing charge. It is not even that the tender has been awarded or will be awarded to you. It is important to even make considerations at the procedures which can allow waivers. If there is any sort of figures that need to be paid later on after they have benefited from this procurement process, then they might be introduced later. For as long as that is not put into place, the provision of women, youth and PWD becomes a hindrance instead of being a way of empowering them. That has been the intention and I welcome this amendment. This amendment is very important because it is addressing the needs of the women, youth and PWD. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}