ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
86. Successful tender
Edition: 2022-12-31 · In force
86. Successful tender
(1)The successful tender shall be the one who meets any one of the following as specified in the tender document—(a)the tender with the lowest evaluated price;(b)the responsive proposal with the highest score determined by the procuring entity by combining, for each proposal, in accordance with the procedures and criteria set out in the request for proposals, the scores assigned to the technical and financial proposals where Request for Proposals method is used;(c)the tender with the lowest evaluated total cost of ownership; or(d)the tender with the highest technical score, where a tender is to be evaluated based on procedures regulated by an Act of Parliament which provides guidelines for arriving at applicable professional charges:Provided that the provisions of this subsection shall not apply to section 141 of this Act.(2)For the avoidance of doubt, citizen contractors, or those entities in which Kenyan citizens own at least fifty-one per cent shares, shall be entitled to twenty percent of their total score in the evaluation, provided the entities or contractors have attained the minimum technical score.