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Public Procurement and Asset Disposal Act

132. Procedure for Competitive Negotiations

Edition: 2022-12-31 · In force

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132. Procedure for Competitive Negotiations

(1)In the procedure for competitive negotiations, an accounting officer of a procuring entity shall—
(a)identify the tenderers affected by tie;
(b)identify the tenderers that quoted prices above available budget; or
(c)identify the known suppliers as prescribed.
(2)In the case of tenderers that quoted above the available budget, an accounting officer of a procuring entity shall—
(a)reveal its available budget to tenderers; and
(b)limit its invitation to tenderers whose evaluated prices are not more than twenty five percent above the available budget.
(3)An accounting officer of a procuring entity shall request the identified tenderers to revise their tenders by submitting their best and final offer within a period not exceeding seven days.
(4)The revised prices shall not compromise the quality specifications of the original tender.
(5)Tenders shall be evaluated by the evaluation committee appointed in the initial process.
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Source: Kenya Law