Public Procurement and Disposal Act

SPECIAL ISSUE

Kenya Gazette Supplement No. 77(Acts No. 3)

REPUBLIC OF KENYA

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KENYA GAZETTE SUPPLEMENT

ACTS, 2005

NAIROBI, 26th October, 2005

CONTENT

Act-

PAGE

The Public Procurement and Disposal Act, 2005 ……………… 45

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PRINTED AND PUBLISHED BY GOVERNMENT PRINTER, NAIROBI

THE PUBLIC PROCUREMENT AND DISPOSAL ACT

No. 3 of 2005

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No. 3

Public Procurement and Disposal

2005

Date of Assent: 26th October, 2005

Date of Commencement: By Notice

ARRANGEMENT OF SECTIONS

PART I - PRELIMINARY

1—Short title and commencement.

2—Purpose of the Act.

3—Definitions.

4—Application of Act.

5—Conflicts with other Acts.

6—Conflicts with international agreements.

7—Conflict with conditions on donated funds.

PART II – BODIES INVOLVED IN THE REGULATION OF PUBLIC

PROCUREMENT

A — Public Procurement Oversight Authority

8—Establishment of Authority.

9—Functions of Authority.

10—Director-General of the Authority.

11—Term of office of Director-General.

12—Restrictions on activities of Director-General.

13—Terms of service.

14—Resignation of Director-General.

15—Removal of Director-General.

16—Staff.

17—Acting Director-General.

18—Financial arrangements.

19—Audit.

20—Quarterly and annual reports.

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No. 3

Public Procurement and Disposal

2005

B – Public Procurement Oversight Advisory Board

21—Establishment of Advisory Board.

22—Composition of Advisory Board.

23—Functions of Advisory Board.

24—Procedures of Advisory Board.

C – Public Procurement Administrative Review Board

25—Review Board.

PART III – INTERNAL ORGANISATION OF PUBLIC ENTITIES RELATING

TO PROCUREMENT

26—Threshold matrix and segregation of responsibilities.

27—Responsibility for complying with Act, etc.

28—Procuring agents.

PART IV - GENERAL PROCUREMENT RULES

29—Choice of procurement procedure.

30—Procurement not to be split or inflated.

31—Qualifications to be awarded contract.

32—Pre-qualification procedures.

33—Limitation on contracts with employees, etc....