Public tenders are won and lost on detail. We advise suppliers, contractors and public bodies on the rules that govern how government buys goods, works and services in Kenya.
Winning and defending public tenders fairly
Public bodies in Kenya, including national government, county governments, state corporations, schools and hospitals, spend large amounts each year on goods, works and services. For suppliers and contractors this is a major opportunity, and for public entities it is a heavy responsibility. The rules are strict, and a small mistake in a bid or a procurement process can lead to disqualification, cancelled tenders or even criminal and administrative consequences. Our public procurement advocates advise suppliers, contractors, consultants and public entities on how to take part in procurement lawfully and how to challenge unfair decisions.
Procurement is governed by Article 227 of the Constitution, the Public Procurement and Asset Disposal Act, 2015 and its regulations, together with directions of the Public Procurement Regulatory Authority. The principles include fairness, equity, transparency, competition and cost effectiveness.
Advice to bidders and suppliers
Winning a tender begins with reading the tender document carefully. We review eligibility requirements, evaluation criteria, mandatory documents and deadlines so that you do not lose on a technicality. We advise on forming consortia or joint ventures, on preference and reservation schemes such as those for youth, women and persons with disabilities, and on the formal requirements for tender security, tax compliance and licences.
After the bid is submitted, we can help you understand the evaluation outcome. If you believe you were disqualified unfairly or that the winning bidder did not meet the requirements, we assess the grounds and the time available to challenge the decision.
Challenging a decision: administrative review
A bidder who is unhappy with a procurement decision can apply to the Public Procurement Administrative Review Board for review. The deadlines are very short, measured in days rather than weeks, and the Board must decide the matter within a limited period, so speed is essential. We prepare the request for review, gather the evidence and appear before the Board to argue that the procuring entity breached the Act or the tender document. If the decision of the Board is itself disputed, the matter can go to the High Court on judicial review.
We also act for procuring entities and successful bidders who need to defend a procurement process that has been challenged.
Procurement contracts and public entities
Once a contract is awarded, the work is only beginning. We draft and review procurement contracts, advise on variations, extensions, payment disputes, performance securities and termination, and resolve disagreements between contractors and public bodies through negotiation, adjudication or arbitration. For public entities, we advise on choosing the proper procurement method, preparing tender documents, constituting committees, conducting evaluation and recording decisions in a way that withstands scrutiny.
If you are preparing a bid, have been disqualified, or manage a procurement process, contact us promptly. Bring the tender document, your submission and any notification letters, and we will advise on the steps and time limits that apply.
Keep records and watch the deadlines
Procurement disputes are often decided on paperwork and timing. Keep a full copy of the tender document, addenda, clarifications, your submission and every notification, and note the dates you received them. Review periods are short, and a bidder who delays may lose the chance to challenge an unfair decision. If you suspect a problem with an evaluation or award, contact us the same day so that no step is missed.
At a glance: what we handle
- Reviewing tender documents and eligibility
- Bid preparation and compliance
- Tender disputes and administrative review
- Procurement contracts and variations
- Advice to public entities on procurement procedure