Rejction of Tenders or Proposals under PPA 2011

Mathias Mbafu Wed Mar 21, 2012 12:17 am

Yes kaka nashukuru,
Ni kweli nilichanganya hiyo ni GN No.97 ya 2005 na kwenye PPA 2004 ni section 54. Nashukuru kwa ufafanuzi kaka.

Rutaihwa Thu Mar 15, 2012 4:43 pm

Mbafu
In PPA No 21 of 2004 we don't have Section 95 , I hope you intend to Quote Regulation 95 GN 97 of 2005 where you are right on matter relating to Negotiations.

Mathias Mbafu wrote:I think we should not fear anymore, as we have to make sure the reasons for rejecting such tenders or proposal are well detailed and are genuine e.g if the price Quoted exceeds the approved budget of the PE (Cost Estimate) Outside the tolerable limits e.g +10% or -10% there is no way out you can negotiate since the PPA no 21 of 2004 section 95(1a-e) stipulates the Do and Don'ts when you want to Conduct Negotiation. And also PPa No 21 of 2004 Section 95 (4-20) stipulates about that.

Mathias Mbafu Wed Mar 14, 2012 8:38 pm

I think we should not fear anymore, as we have to make sure the reasons for rejecting such tenders or proposal are well detailed and are genuine e.g if the price Quoted exceeds the approved budget of the PE (Cost Estimate) Outside the tolerable limits e.g +10% or -10% there is no way out you can negotiate since the PPA no 21 of 2004 section 95(1a-e) stipulates the Do and Don'ts when you want to Conduct Negotiation. And also PPa No 21 of 2004 Section 95 (4-20) stipulates about that.

**RSM** Fri Mar 09, 2012 1:24 pm

RSM

It may seem to be an uphil task for PPRA. However you have to take note that PPRA is no longer involved in the review of procurement complaints from bidders - time and resources that were used in the review of complaints can be used to review cases of tenders rejection.

But I can assure you of one thing - once PEs know that rejection of tenders is subject to review by PPRA, - there will be very few rejections.

As for abuse under the current Act there were some situations in which some PEs made a decision to reject all tenders because a bidder they are in favor did not win.

**RJM** Wed Feb 29, 2012 10:33 pm

Section 59(5) of the new Act provides the Accounting Officers of the PEs to seek approval from the Authority prior to rejecting tenders or proposals. This is an uphill task to PPRA if all rejections have to be sanctioned by the Authority. On technical note, for PPRA to grant approval it implies PPRA has to review the entire procurement proceeding before reaching the decision. The big question here is; was the rejection of tenders/proposals the issue/problem in the previous Act- maybe there are cases of abusing the powers given to the organs handling procurement process in relation to rejection to tenders/proposals.

My concern is whether PPRA will be comfortable to discharge this function considering the capacity issues and budget constraint as this will entail thorough review/investigation. At this material time PPRA has to do it, whether they like or not – simply because they have been mandated! Will it be effective or will Value for Money achieved – we have to wait and see!

I see this as more delays in the procurement process! Its monitoring and enforcement it will be cumbersome task for both PPRA and PEs.

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Rejection of Tenders or Proposals under PPA 2011