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{
    "id": 522775,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/522775/?format=api",
    "text_counter": 183,
    "type": "speech",
    "speaker_name": "Hon. J. K. Bett",
    "speaker_title": "",
    "speaker": {
        "id": 1765,
        "legal_name": "James Kimaru Bett",
        "slug": "james-kimaru-bett"
    },
    "content": "two per cent of the tender sum so that we do not have every other Tom, Dick and Harry participating in the same. Clause 62(3)(d) talks about the market prices of goods to be procured. I am impressed that a procuring entity can terminate a procuring proceeding if the prices quoted are far above the prescribed market prices. In the past, public procuring entities insisted on the lowest evaluated bidder but going by the new law that we are making, a procuring entity can terminate procurement proceeding if it deems that the prices quoted by the lowest bidder are far much above the market prices. Hon. Temporary Deputy Speaker, Clause 149 talks about advance payments. Although advance payments are not allowed, in extreme cases, they could be allowed to a maximum of 20 per cent. This Clause goes ahead to say that if a bidder who has been advanced payment to prosecute some payments applies the funds in activities not related to the procurement; the amount advanced will be deemed to be a debt recoverable with some interest. This Bill is good but we will be introducing some amendments during the Committee Stage to enrich it further. One of the amendments I intend to introduce is with regard to the definition of ‘procurement’ as well as the scope of procurement. In both the definition and the scope, the drafters of this Bill have omitted the component of contract management. All of us know that procurement starts from need identification, on the basis of which requisition is made. Contract management is an important stage in procurement because it touches on the implementation stage. If you do not include the aspect of contract management in both the definition and the scope of procurement, certain portions of the procurement remain incomplete. My attention is drawn to Clause 94 where it says that an evaluation committee shall present its evaluation to itself. I intend to introduce an amendment to this Clause so that an evaluation committee can forward its findings to the Accounting Officer, through the head of procurement. An evaluation committee should not forward recommendation to itself. Hon. Temporary Deputy Speaker, I also intend to introduce amendments to Clause 125, regarding circumstances under which single-sourcing can be used. Clause 125(11) (b) says that a procuring entity can use single-sourcing where there is a natural cause. The amendment that I intend to bring on this Clause will seek to qualify natural causes. With those remarks, I beg to support this important Bill."
}