REQUEST FOR STAKEHOLDER COMMENTS ON PROPOSED AMENDMENT TO THE BENEFICIAL OWNERSHIP INFORMATION DISCLOSURE FORM INCLUDED IN THE STANDARD TENDER DOCUMENTS
The Public Procurement Regulatory Authority (the Authority) is established under Section 8 of the Public Procurement and Asset Disposal Act, 2015 (the Act). Sections 9, 58 and 70 of the Act, mandates the Authority to prepare, issue and publish Standard Public Procurement and Asset Disposal Documents and Formats to be used by public entities and other stakeholders.
Pursuant to this requirement, the Authority developed and issued the Standard Public Procurement and Asset Disposal Documents and Formats for use by public entities and other stakeholders effective 21st April, 2021, vide PPRA Circular No. 2 of 2021, thus discontinued the use of previously issued standard tender documents and formats.
Disclosure of Beneficial Ownership Information is one of the requirements included in the issued Standard Public Procurement and Asset Disposal Documents and Formats, following the requirements of the Executive Order No. 2 of 2018: Procurement of Public Goods, Works and Services by Public Procuring Entities; Section 138 of the Act; Regulation 131 of the Public Procurement and Asset Disposal Regulations, 2020 (the Regulations); Regulation 4 of the Companies (Beneficial Ownership Information) (Amendment) Regulations, 2022; and international best practice.
The Authority, has reviewed the details contained in the Beneficial Ownership Information Form to enhance disclosure of beneficial owners’ information for companies/tenderers that have been awarded contracts as part of contract details to be published in the Public Procurement Information Portal (PPIP) and for purposes of enhancing transparency, openness and accountability in public procurement and asset disposal system.
In line with Article 10 and 47 of the Constitution of Kenya, 2010, among other legal provisions, the Authority is requesting for comments and views from stakeholders and the public on the revised draft of the Beneficial Ownership Information Form. The revised draft of the Beneficial Ownership Information Form, can be accessed using the following link: https://ppra.go.ke/boi-form.
The written views and comments should be captured in the Views and Comments Submission Form below:
All submissions should reach the Authority on or before 11th March, 2022 by close of business.
The Director General
Public Procurement Regulatory Authority
KISM Towers, 6th Floor, along Ngong Road.
P.O. Box 58535-00200