ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
68. Procurement records
Edition: 2022-12-31 · In force
68. Procurement records
(1)An accounting officer of a procuring entity shall keep records for each procurement for at least six years after the resulting contract has been completed or, if no contract resulted, after the procurement proceedings were terminated.(2)The records for a procurement shall include—(a)a brief description of the goods, works or services being procured;(b)if a procedure other than open tendering was used, the reasons for doing so;(c)if, as part of the procurement procedure, anything was advertised in a newspaper or other publication, a copy of that advertisement as it appeared in that newspaper or publication;(d)for each tender, proposal or quotation that was submitted—(i)the name and address of the person making the submission;(ii)the price, or basis of determining the price, and a summary of the other principal terms and conditions of the tender, proposal or quotation; and(iii)a summary of the proceedings of the opening of tenders, evaluation and comparison of the tenders, proposals or quotations, including the evaluation criteria used as prescribed;(e)if the procurement proceedings were terminated without resulting in a contract, an explanation of why they were terminated;(f)a copy of every document that this Act requires the procuring entity to prepare; and(g)such other information or documents as are prescribed.(3)After a contract has been awarded to any person or the procurement proceedings have been terminated, the procuring entity shall, on request, make the records for the procurement available to a person who submitted a tender, proposal or quotation, or any interested member of the public where such information held is aligned to the principle of public interest or, if direct procurement was used, a person with whom the procuring entity was negotiating.(4)The accounting officer of a procuring entity may charge a fee for making the records available but the fee shall not exceed the costs of making the records available to any person.(5)No disclosure shall be made under subsection (3) that would be contrary to section 67(1), but a disclosure, under subsection (3), of anything described in paragraphs (a) to (f) of subsection (2) shall be deemed not to be contrary to paragraphs (b) to (d) of section 67(1).(6)An accounting officer of a procuring entity shall maintain a proper filing system with clear links between procurement and expenditure files that facilitates an audit trail.