28 Apr 2022 in Senate:
(Sen. Poghisio) Mr. Speaker, Sir, I beg to move- THAT, The Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bills No. 32 of 2021) be now read a Second Time. The Bill was published on 11th June, 2021 and passed by the National Assembly and referred to the Senate on the 22nd February, 2022. The purpose of the Bill is to amend The Public Procurement and Asset Disposal Act to address the challenges faced by procuring entities in implementing the Act, including the multiple awards of contracts in the wake of Sections 82 and 86 of the Act. Challenges ...
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28 Apr 2022 in Senate:
The Bill specifically proposes the following - Clause 2 of the Bill proposes to amend Section 2 of the Act by amending the definition of “Procurement Profession” to recognize other institutions, which offer membership and professional qualifications in procurement and supply chain management. Further to this, the Bill proposes to introduce the definition of a “local contractor” into the Act to pave way for the inclusion of sole proprietorships, partnerships, cooperative societies and individual consultants, associations and groups that are registered in Kenya. Clause 3 of the Bill contains proposals to amend Section 9 of the Act, among others, to ...
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28 Apr 2022 in Senate:
Clause 8 of the Act proposes to amend the Act by introducing a new Section 43(a) to give the authority the power when conducting investigations, inspections, assessments and reviews relating to contracts, procurements and asset disposal proceedings to enter premises of the procuring entities to make any inquiries that may be necessary for the collection of information.
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28 Apr 2022 in Senate:
Mr. Speaker, Sir, Clause 9 of the Bill contains proposals to amend Section 44 of the Act by adding a new sub-section to enable the accounting officer of a procuring entity to seek assistance from The National Treasury, where that procuring entity lacks capacity to comply with the Act. Clause 10 proposes to amend Section 46 of the Act to allow the head of procurement to delegate the secretarial function. The proposed amendment intends to enhance efficiency in delivery of public services and reduce procurement lead time. Thus, procurement entities will be able to run multiple procurements or tenders concurrently. ...
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28 Apr 2022 in Senate:
Clause 27 of the Bill proposes to amend Section 119 of the Act to provide for the preparations for a notice inviting expressions of interest mandatory. Clause 28 of the Bill proposes to amend Section 121 to clarify that it is the role of the evaluating committee to carry out evaluation and to align the provisions of Section 121 (4). Further, the proposed new Sub-Section 5 is intended to unlock the procurement process that might stall due to the failure to elicit requisite number of qualified candidates or proposals.
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28 Apr 2022 in Senate:
Clause 29 of the Bill proposes to amend Section 124 of the Act by deleting Sub- Section 14, which contradicts the conditions of single sourcing provided under Sub-Section 12. Further to this, the Bill seeks to amend Sub-Section 15 to enhance efficiency by eliminating the approval requirements before initiating a procurement process. The Bill also seeks to amend the Section by adding a new Sub- Section 16 to uphold the principle of independence, where the regulator authority should not involve itself with procuring entities operational matters.
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28 Apr 2022 in Senate:
Clause 30 of the Bill proposes to amend Section 138 of the Act by deleting Sub- Section 5 and substituting thereof a new Sub-Section 5. This will ensure that the security 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.
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28 Apr 2022 in Senate:
organs report contracts processed through the open list maintained under Section 90 (4) for accountability within protecting national security interest. Clause 31 of the Bill seeks to amend Sub-Section 139 of the Act to allow variations in terms of quantity, which might be occasioned due to unforeseen circumstances within a period less than 12 months, provided the subject variations are within outlined limits or thresholds.
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28 Apr 2022 in Senate:
Clause 32 of the Bill seeks to amend Section 14(1) of the Act to facilitate multiple award of contracts. Clause 34 of the Bill proposes to amend Section 169 of the Act by adding a new Sub-Section to waive filing fees for reviews for disadvantaged groups. Clause 35 of the Bill contains proposal to amend Section 172 of the Act to introduce further grounds for debarment. Clause 36 of the Bill seeks to amend Section 176 for proper cross-referencing. Clause 37 of the Bill seeks to amend the First Schedule by deleting Paragraph 3, which contradicts provision of Section 10, ...
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