ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
9. Functions of Authority
Edition: 2022-12-31 · In force
9. Functions of Authority
(1)The functions of the Authority shall be to—(a)monitor, assess and review the public procurement and asset disposal system to ensure that they respect the national values and other provisions of the Constitution, including Article 227 and make recommendations for improvements;(b)monitor the public procurement system and report on the overall functioning of it and present to the Cabinet Secretary and the county executive member for finance in each county, such other reports and recommendations for improvements;(c)enforce any standards developed under this Act;(d)monitor classified procurement information, including that of specific items of security organs and make recommendations to the Cabinet Secretary;(e)monitor the implementation of the preference and reservation schemes by procuring entities;(f)prepare, issue and publicise standard public procurement and asset disposal documents and formats to be used by public entities and other stakeholders;(g)provide advice and technical support upon request;(h)to investigate and act on complaints received on procurement and asset disposal proceedings from procuring entities, tenderers, contractors or the general public that are not subject of administrative review;(i)research on the public procurement and asset disposal system and any developments arising from the same;(j)advise the Cabinet Secretary on the setting of standards including international public procurement and asset disposal standards;(k)develop and manage the State portal on procurement and asset disposal and ensure that it is available and easily accessible;(l)monitor and evaluate the preference and reservations provided for under this Act and provide quarterly public reports;(m)create a central repository or database that includes—(i)complaints made on procuring entities;(ii)a record of those prohibited from participating in tenders or those debarred;(iii)market prices of goods, services and works;(v)State organs and public entities that are non-compliant with procurement laws;(vi)statistics related to public procurement and asset disposal;(vii)price comparisons for goods, services and works; and(viii)any information related to procurement that may be necessary for the public;(n)inform, as applicable, the Cabinet Secretary, Parliament, the relevant County Executive member for finance, the relevant County Assembly or Auditor-General on issues of non-compliance with procurement laws once the relevant State organ or public entity ignores the written directives of the Authority, including material breaches of the measures established under this Act;(o)generally report to Parliament and the relevant county assembly;(p)develop a code of ethics to guide procuring entities and winning bidders when undertaking public procurement and disposal with State organs and public entities;(q)in undertaking its functions, cooperate with state and non-state actors with a view to obtaining recommendations on how public procurement and disposal can be improved;(r)ensure the procurement entities implement the preference and reservations and provide data to the Authority disaggregated to indicate the number of disadvantaged groups that have benefitted;(ra)develop, promote and support the training and capacity development of persons involved in procurement and asset disposal;(s)perform such other functions and duties as are provided for under this Act and any other relevant law.(2)If in the course of monitoring in accordance with section 9(1)(a), the Authority is of the opinion that civil or criminal proceedings ought to be preferred against a State Organ, public entity, state officer or public officer, the Authority shall refer the matter to the relevant authorities.