ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
63. Termination or cancellation of procurement and asset disposal proceedings
Edition: 2022-12-31 · In force
63. Termination or cancellation of procurement and asset disposal proceedings
(1)An accounting officer of a procuring entity, may, at any time, prior to notification of tender award, terminate or cancel procurement or asset disposal proceedings without entering into a contract where any of the following applies—(a)the subject procurement have been overtaken by—(ii)substantial technological change;(b)inadequate budgetary provision;(c)no tender was received;(d)there is evidence that prices of the bids are above market prices;(e)material governance issues have been detected;(f)all evaluated tenders are non-responsive;(h)civil commotion, hostilities or an act of war; or(i)upon receiving subsequent evidence of engagement in fraudulent or corrupt practices by the tenderer.(2)An accounting officer who terminates procurement or asset disposal proceedings shall give the Authority a written report on the termination within fourteen days.(3)A report under subsection (2) shall include the reasons for the termination.(4)An accounting officer shall notify all persons who submitted tenders of the termination within fourteen days of termination and such notice shall contain the reason for termination.