STATUS OF MANDATORY REPORTING AND COMPLIANCE WITH THE EXECUTIVE ORDER NO.2 OF 2018 BY PROCURING ENTITIES DURING THE 2019/2020 FINANCIAL YEAR
The Public Procurement and Asset Disposal Act, 2015 (the Act), the Public Procurement and Asset Disposal Regulations, 2020 (the Regulations) and the Executive Order No. 2 of 2018 (the Executive Order) directs all procuring entities to submit reports on public procurement and asset disposal transactions to the Public Procurement Regulatory Authority, within the timelines prescribed by the Public Procurement Law. The Executive Order, anchored under Section 138 of the Act, further underscores the requirement for procuring entities to disclose public procurement and asset disposal information; through publication of tender opportunities and the resultant contract award details in the Public Procurement Information Portal (PPIP), accessible through www.tenders.go.ke.
The Authority has continued to monitor implementation of these directives and submits reports to Parliament and the National Treasury and Planning. Such reports led to the issuance of Treasury Circular No. 22/2020 of 1st October, 2020, reminding procuring entities to comply with the Executive Order and directives on mandatory reporting. However, contrary to the directives and consistent reminders, the level of compliance has continued to be poor.
It is against this background, that the Authority has prepared a status report on adherence to the directives by the procuring entities. The status report has two parts, the first part is on submission of the Half-year report on implementation of the preference and reservation scheme under the Access to Government Procurement Opportunities (AGPO) programme for the youth, women and persons with disabilities. The second part is on compliance with the Executive Order on publication of tender opportunities and contract awards in the Portal by every 15th day of the subsequent month.
This status report is hereby published to notify stakeholders of the status of compliance with the above cited provisions of the Public Procurement Law, pursuant to Section 9(1) (m) (v) of the Act.
The report, which is in PDF format, can be downloaded using the link below: