ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
124. Selection methods for requests for proposals
Edition: 2022-12-31 · In force
124. Selection methods for requests for proposals
(1)The Procuring Entity shall select Quality and Cost Based Selection (QCBS) method as the preferred method to be used to evaluate proposals and shall state the selection procedure in the Request for Proposals.(2)For the purposes of subsection (1), "Quality and Cost Based Selection" method is a method that uses a competitive process that takes into account the quality of the proposal and the cost of the services in the selection of the successful firm.(3)The request for proposal shall request submission of both technical and financial proposals at the same time, but in separate envelopes.(4)Subject to the foregoing provisions of this section, in the evaluation of tenders by public entities, the criteria for assessing the technical and financial capability of the tenderers shall be as may be prescribed by the accounting officer in the tender documents.(5)The request for proposal under subsection (3) shall provide either the estimated budget or the estimated time of key experts, specifying that this information is given as an indication only and that consultants shall be free to propose their own estimates.(6)Subject to prescribed restrictions, a procuring entity may use any of the following alternatives in the selection methods to evaluate proposals and shall state the selection method in the Request for Proposals—(a)Quality Based Selection (QBS), which focuses on quality and selects the highest quality proposal;(b)Least Cost Selection (LCS), which selects the lowest priced proposal, which meets the entity's technical requirements;(c)Consultants Qualifications Selection (CQS);(d)Individual Consultants Selection (ICS);(e)Fixed Budget Selection; or(f)Single Source Selection.(7)Quality Based Selection method shall be appropriate for—(a)complex or highly specialized assignments for which it is difficult to define precise terms of reference and the required input from the consultants;(b)assignments that have a high downstream impact and in which the objective is to have the best experts;(c)assignments that can be carried out in substantially different ways;(d)assignments and professional services which are regulated by Acts of Parliament which stipulate fees and charges applicable for such assignments.(8)Least-Cost Selection method under subsection (6)(b) shall be generally appropriate for selecting consultants for assignments of a standard or routine nature where well-established practices and standards exist.(9)Fixed Budget Selection as a request form for proposal under subsection (6)(e) shall indicate the available budget and request the consultants to provide their best technical and financial proposals in separate envelopes, within the budget.(10)Fixed budget selection method is appropriate only when the assignment is simple and can be precisely defined and when the budget is fixed.(11)Proposals under Fixed Budget selection method that exceed the indicated budget shall be rejected and the consultant who has submitted the highest ranked technical proposal among the rest shall be selected and invited to negotiate a contract.(12)Single Source Selection may be appropriate in the following cases, and only if it presents a clear advantage over competition—(a)where it can be evidenced that goods, works or services are available only from a particular supplier, or a particular supplier has exclusive rights in respect of the consultancy services, and no reasonable alternative or substitute exists; or(b)for tasks that represent a natural continuation of previous work carried out by the firm;(c)in exceptional cases, such as, but not limited to, in response to natural disasters and for a declared national emergency situations.(13)The accounting officer shall issue a written justification for single-source selection in the context of the overall interests of the procuring entity.(15)Where alternative methods are selected a report shall be prepared and submitted to the Authority within fourteen days.(16)The Authority shall issue written directions and guidelines governing the reporting requirements for use of alternative selection methods by the accounting officers of procuring entities.