Public Procurement Functions notes

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Public Procurement Functions

• Types of procurement entities
• Role and responsibilities of procuring entities
• Role of accounting officers in public procurement
• Responsibility of users in the public procurement process
• Responsibility of tender committee

Procurement Entities

A procurement entity is a public entity making a procurement or asset disposal using public funds. The following public entities are also procurement entities:

Types of Procurement Entities

(a) The national government or any organ or department of the national government;

(b) A county government or any organ or department of a county government;

(c) The Judiciary and the courts;

(d) The Commissions established under the Constitution;

(e) The Independent Offices established under the Constitution;

(f) A state corporation within the meaning of the State Corporations Act;

(g) The Central Bank of Kenya established under the Constitution;

(h) A public school within the meaning of the Basic Education Act, 2013;

(i) A public university within the meaning of the Universities Act, 2012;

(j) A city or urban area established under the Urban Areas and Cities Act, 2011;

(k) A company owned by a public entity;

(l) A county service delivery coordination unit under the National Government Co-ordination Act, 2013;

(m) A constituency established under the Constitution;

(n) A Kenyan diplomatic mission under the state department responsible for foreign affairs;

(o) A pension fund for a public entity;

(p) A body that uses public assets in any form of contractual undertaking including public private partnership;

(q) A body in which the national or county government has controlling interest;

(r) A college or other educational institution maintained or assisted out of public funds
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Role and Responsibilities of Procuring Entities in Public Procurement

The functions of the procurement unit shall be to-

• Maintain and update lists of registered suppliers, contractors and consultants
• Provide secretariat services to tender evaluation committee
• Prepare, publish and distribute procurement opportunities and documents
• Propose membership of tender opening, evaluation, negotiation and disposal committees for appointment by the Accounting Officer
• Prepare contract documents and procurement correspondence e.g. letters of notification, termination letters e.t.c.
• Maintain and archive procurement and disposal records
• Manage inventory
• Offer professional advice to the Accounting Officer

 A user department shall be responsible for–

• Prepare and submit departmental procurement plans through the procurement unit
• Initiation of procurement/disposal process, that is, requisitioning
• Specification of requirements
• Maintaining contract records
• Participate in Inspection and Acceptance of goods and services
• Participate in contract management
• Identification of items for disposal

Role of Accounting Officer

• Ensure that procurements of goods, works and services of the public entity are within approved budget of that entity;
• Constitute all procurement and asset disposal committees within a procuring entity in accordance with the Public Procurement and Asset Disposal Act, 2015
• Ensure procurement plans are prepared in conformity with the medium term fiscal framework and fiscal policy objectives and, submit them to the National Treasury;
• Ensure proper documentation of procurement proceedings and safe custody of all procurement records in accordance with the PPAD Act, 2015;
• Approve and sign all contracts of the procuring entity;
• Ensure the procurement and asset disposal process of the public entity shall comply with this
• Act;
• Ensure that the procurement processes are handled by different professional offices in respect of procurements, initiation, processing and receipt of goods, works and services;
• Submit to The PPRA the part in its procurement plan demonstrating application of preference and reservations schemes in relation to the procurement budget within sixty days after commencement of the financial year; and
• Ensure compliance with any other responsibilities assigned by PPAD Act, 2015 or any other Act of Parliament or as may be prescribed in Public Procurement and Asset Disposal Regulations, 2016.

Evaluation Committee

An Accounting officer shall ensure that an ad hoc evaluation committee is established from within the members of staff, with the relevant expertise. Where technical expertise is required from outside the organization, such expertise may be obtained from other procuring entities

An evaluation committee established shall—

• Deal with the technical and financial aspects of a procurement
• consist of between 3-5 members appointed on a rotational basis comprising heads of user department and two other departments or their representatives and where necessary, procured consultants or professionals;
• Have as its secretary, the person in charge of the procurement function
• Complete the procurement process for which it was appointed and no new committee shall be appointed on the same issue unless the one handling the issue has been procedurally disbanded;

Inspection and Acceptance

The inspection and acceptance committee shall immediately after the delivery of the goods, works or services—

• Inspect and where necessary, test the goods received;
• Inspect and review the goods, works or services in order to ensure compliance with the terms and specifications of the contract; and
• Accept or reject, on behalf of the procuring entity, the delivered goods, works or services.

The inspection and acceptance committee shall—

• Ensure that the correct quantity of the goods is received;
• Ensure that the goods, works or services meet the technical standards defined in the contract;
• Ensure that the goods, works or services have been delivered or
• Completed on time ,or that any delay has been noted;

Responsibilities of the County Government

A County Treasury shall be the organ responsible for the implementation of public procurement and asset disposal policy in the county. The County Treasury shall set up the Procurement function which shall:

• Implement public procurement and asset disposal procedures;
• Coordinate administration of procurement and asset disposal contracts
• Coordinate consultations with county stakeholders of the public procurement and asset disposal system in liaison with the National Treasury and The PPRA
• Advise the accounting officers of county government entities on public procurement and asset disposal matters;
• Co-ordinate county government monitoring and evaluation of the supply chain function of county gov’ts including ensuring compliance
• Promote preference and reservation schemes for residents of the county to ensure a minimum of twenty percent in public procurement at the county
• Administer a scheme of service for county government procurement and supply chain management officers and capacity build

 
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