Treasury Cabinet Secretary Njuguna Ndung'u has proposed plans to introduce the awarding of a single government tender to multiple individuals or companies.
Through the Public Procurement and Asset Disposal (Amendment) Regulations 2023, the CS revealed that he plans to amend the Public Procurement and Asset Disposal Act 2015 to facilitate the change.
Ndung'u explained that the tender shall only be awarded if the accounting officer, in the relevant government office justifies it.
In the recommendations, the accounting officer will be required to provide all the documents submitted by interested bidders before preferred individuals or entities are considered.
The accounting officer will also be required to share the estimated quantity required during the contract period and the value of the contract.
"The accounting officer will evaluate the bids to identify the best-valued bidder based on the criteria set in the tender document, which should be within the prevailing market price for standard goods works or services," reads part of the amendment.
After the evaluation, the officer will identify the bidders to be invited in the revision of the prices of the commodity or service to be offered.
The identified bidders will be requested to revise their tender price by submitting new prices and duly filled tender documents.
According to the CS, if the tender is allocated to two bidders, the best one will get 60 per cent of the contract while the rest will go to the next bidder.
If there is a tie on the price between two bidders, each party will get 50 per cent of the tender quantity.
When there are more than two bidders but fewer than five, the best one will get 40 per cent. If there are more than five bidders the best will get 30 per cent of the quantity.
On the other hand, if the number of bidders who qualify for the award is not disclosed, the accounting officer should apportion the quantity proportionately.
The CS has invited Kenyans to share their views on the changes before November 17, 2023.
