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The much anticipated publication of the public procurement regulations is very close following their signing by Minister for Finance and Planning, Dr. Philip Mpango, TPJ has learnt.
According to a credible source at the ministry of finance, the minister endorsed the regulations recently, paving way for them to be published in the Government Gazette for enforcement.
The minister’s action was a necessary logical step after Parliament passed the Public Procurement (Amendments) Act 2016 on June 29, 2016 which ushered in several amendments.
Among the amendments made is to increase vetting threshold of contracts by a procuring entities legal officers from a minimum of 50 million to less than one billion shillings, involvement of special groups in the public procurement, negotiation of prices with the lowest evaluated bidders, preference scheme to local contractors, local manufactured goods as well as involvement of local experts in joint venture agreements between local and foreign firms.
Since 2001 when the Act was passed for the first time, there have been a number of challenges in the implementation of the law that persisted even when Parliament repealed and re-enacted the Public Procurement Act in 2004 and 2011 respectively.
Publishing of the Public Procurement Regulations 2016 is being eagerly awaited by public procurement practitioners and key stakeholders.

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