ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
151. Complex and specialized contract implementation team
Edition: 2022-12-31 · In force
151. Complex and specialized contract implementation team
(1)For every complex and specialized procurement contract, the accounting officer of a procuring entity shall appoint a contract implementation team which shall include members from the procurement function, and the requisitioner, the relevant technical department and a consultant where applicable.(2)For the purpose of managing complex and specialized procurement contracts the contract implementation team shall be responsible for—(a)monitoring the performance of the contractor, to ensure that all delivery or performance obligations are met or appropriate action taken by the procuring entity in the event of obligations not being met;(b)ensure that the contractor submits all required documentation as specified in the tendering documents, the contract and as required by law;(c)ensure that the procuring entity meets all its payment and other obligations on time and in accordance with the contract;(d)ensure that there is right quality and within the time frame, where required;(e)review any contract variation requests and make recommendations to the respective tender awarding authority for considerations and such reviews for variation shall be clearly justified by the technical department in writing backed by supporting evidence and submitted to the head of the procurement function for processing;(f)manage handover or acceptance procedures as prescribed;(g)make recommendations for contract termination, where appropriate;(h)ensure that the contract is complete, prior to closing the contract file including all handover procedures, transfers of title if need be and that the final retention payment has been made;(i)ensure that all contract administration records are complete, up to date, filed and archived as required; and(j)ensure that the contractor acts in accordance with the provisions of the contract;(k)ensure discharge of performance guarantee where required.(3)An accounting officer of a procuring entity may co-opt a member of the contract implementation team from another procuring entity or outsource.