{"id":362,"date":"2020-08-28T11:56:07","date_gmt":"2020-08-28T08:56:07","guid":{"rendered":"https:\/\/scale.co.ke\/blog\/?p=362"},"modified":"2021-11-30T13:26:41","modified_gmt":"2021-11-30T10:26:41","slug":"what-it-takes-to-bid-for-government-tenders-in-kenya","status":"publish","type":"post","link":"https:\/\/scale.co.ke\/blog\/what-it-takes-to-bid-for-government-tenders-in-kenya\/","title":{"rendered":"What it takes to bid for government tenders in Kenya"},"content":{"rendered":"

Business around the world is conducted through procurement, the act of formally obtaining goods or services. Public & private-sector procurement together account for a very sizable percentage of the global economic output, with Governments alone spending $9.5 trillion each year procuring goods. In Kenya, the ability to bid for government tenders has been the preserve of established businesses who have for years benefited from the billions of shillings that the Government spends procuring goods and services.<\/p>\n

To encourage SMEs to participate in Public Procurement, the Kenya Government in 2013 sought to make it both attractive and accommodating for SMEs to do business with public entities by setting aside 30% of all Government procurement specifically for the Youth, Women and Persons with Disabilities under the AGPO program.<\/a><\/p>\n

We believe that having a good understanding of the tendering process will give more SMEs an edge when it comes to responding to tender opportunities. The first thing before seeking to understand specific tendering requirements and procedures is to ensure that you are eligible to apply for tenders.<\/p>\n

Eligibility Criteria As Defined By The Procurement Laws<\/h4>\n

This is what the law says, according to the Public Procurement and Asset Disposal Act, Revised Edition 2016<\/a>:<\/p>\n

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A person is eligible to bid for a government contract or an asset being disposed, only if the person satisfies the following criteria:<\/p>\n

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  1. the person has the legal capacity to enter into a contract for procurement or asset disposal;<\/li>\n
  2. the person is not insolvent, in receivership, bankrupt or in the process of being wound up;<\/li>\n
  3. the person, if a member of a regulated profession, has satisfied all the professional requirements;<\/li>\n
  4. the procuring entity is not precluded from entering into the contract with the person under Section 38<\/strong> of the Public Procurement and Asset Disposal Act;<\/li>\n
  5. the person and his or her sub-contractor, if any, is not debarred from participating in procurement proceedings under Part IV<\/strong> of the Act;<\/li>\n
  6. the person has fulfilled tax obligations;<\/li>\n
  7. the person has not been convicted of corrupt or fraudulent practices; and<\/li>\n
  8. is not guilty of any serious violation of fair employment laws and practices.<\/li>\n<\/ol>\n

    A person or consortium shall be considered ineligible to bid, where in case of a corporation, private company, partnership or other body, the person or consortium, their spouse, child or sub-contractor has substantial or controlling interest and is found to be in contravention of the provisions below:<\/p>\n