Part IV (ext.link) of the Public Procurement Rules sets out the general procurement rules.
At the County level, procurement is guided by the County Governments Procurement Regulations of 2013. (ext. link) There are five tender committees established at county governments by the regulations.
Ethics of Tender Committees
In doing their work, these committees are guided by a code of ethics and should adhere to the public procurement principles including Transparency, Integrity, Economy, Openness, Fairness, Competition and Accountability. Journalists interested in reporting on procurement in counties may wish to examine examine the extent to which the code of ethics and the principles were adhered to. This will require a rigorous processes of analyzing the procurement process from the beginning to the end and engaging with all actors at every turn of the process.
Accounting Officer
Each public entity that procures goods and services shall have an accounting officer who is responsible for the operations according to the law. He or she shall be a professional in matters of procurement. (Sec. 44 of the Public Procurement and Asset Disposal Act). This accounting officer shall appoint a tender opening committee as well as evaluation committees for evaluating tenders and ad hoc inspection and acceptance committee for inspecting the delivered goods, works and services.
Disposal Committee
Also, a disposal committee is to be formed for “the purpose of disposal of unserviceable, obsolete, obsolescent, or surplus stores, equipment or assets.” (Sec. 163)
Composition of Tender Committees
This is how the tender committees in the Counties are to be composed (Source: COUNTY GOVERNMENTS PROCUREMENT REGULATIONS 2013.pdf – ext. link)
1. County Government Tender Committee
- An officer appointed in writing by the Secretary of the county as Chairperson
- County Chief Officer (head of department) appointed in writing by the chief secretary of the county; as Deputy Chairperson
- Five county chief officers (heads of departments) appointed in writing by the chief secretary of the county; as Members
- The procurement professional heading the procurement unit of the county Government. as Secretary
2. County Government Entities Tender Committee
- An officer appointed in writing by the accounting officer of the county government entity as Chairperson
- County government entity chief officer (head of department) appointed in writing by the accounting officer as Deputy Chairperson
- Five county government entity chief officers (heads of departments) appointed in writing by the accounting officer as Members
- The procurement professional heading the procurement unit of the county government entity as Secretary
3. County Assembly Tender Committee
- An officer appointed in writing by the county assembly clerk; as Chairperson
- Head of department of the county assembly appointed in writing by the county assembly clerk as Deputy Chairperson
- Five heads of departments appointed in writing by the county assembly clerk as Members
- The procurement professional heading the procurement unit of the county assembly as Secretary
4. City Tender Committee
- An officer appointed in writing by the city manager as Chairperson
- Head of department of the city appointed in writing by the city manager as Deputy Chairperson
- Five heads of departments appointed in writing by the city manager as Members
- The procurement professional heading the procurement unit of the city.
5. Urban Area Tender Committee
- An officer appointed in writing by the municipal or town manager as Chairperson
- Head of department of the urban area appointed in writing by the municipal or town manager as Deputy Chairperson
- Five heads of departments appointed in writing by the municipal or town manager as Members
- The procurement professional heading the procurement unit of the urban area as Secretary
6. County Service Delivery Coordinating Unit Tender Committee
- An officer appointed in writing by the county commissioner as Chairperson
- Head of department of the service delivery co-ordinating unit of the county appointed in writing by the county commissioner as Deputy Chairperson
- Five heads of departments appointed in writing by the county commissioner as Members
- The procurement professional heading the procurement unit of the service delivery co-ordinating unit of the county as Secretary
