ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
99. Two-Stage Tendering
Edition: 2022-12-31 · In force
99. Two-Stage Tendering
(1)A procuring entity may engage in procurement by means of two-stage tendering when, due to complexity and inadequate knowledge on its part or advancements in technology, it is not feasible for the procuring entity to formulate detailed specifications for the goods or works or non-consultancy services in order to obtain the most satisfactory solution to its procurement needs.(2)The provisions of this section shall apply to two-stage tendering proceedings except to the extent those provisions are excluded from in this section and the tendering document shall call upon tenderers to submit, in the first stage of the two-stage tendering proceedings, initial tenders containing their proposals without a tender price.(3)In the second stage, the procuring entity shall invite tenderers whose tenders were retained to submit final tenders with prices with respect to a single set of specifications and in formulating those specifications, the procuring entity may modify any aspect, originally set forth in the tendering document.(4)Any such modification or addition shall be communicated to tenderers in the invitation to submit final tenders and a tenderer not wishing to submit a final tender may withdraw from the tendering proceedings without forfeiting any tender security that they may have been required to provide.(5)The final tenders shall be evaluated and compared in order to ascertain the successful tenderer.(6)The specifications developed under subsection (3) shall meet the requirements specified in this Act.(7)When developing the specifications, the procuring entity may engage experts.C— Design Competition