radiomast wrote:I asked a question in another thread and nobody gave a good answer so I will ask again.
Why do we need tenders in Kenya?
If a county needs to buy desks, then why not just publish the bid and have reputable companies bid for the business. Then select the one that makes the best offer?
The answer to your "repeated" question is that this is a very sensitive LEGAL PROCESS, if you want your ideas considered, please ensure you present A SENSIBLE bill that can have your ideas legislated/legalized but i can assure you they do no merit much consideration beyond what i have said.
However since this is a post in LEGAL section of SME and you choose to ignore LAW on the same, let me just add a few LEGAL point's to drive the point home.
1. Best Practice (hoping this is not a tongue/brain twister) worldwide to prevent fraud, waste, corruption, or local protectionism, the laws of most countries regulate government procurement to some extent. Laws usually require the procuring authority to issue public tenders if the value of the procurement exceeds a certain threshold. Government procurement is also the subject of the Agreement on Government Procurement (GPA), a plurilateral international treaty under the auspices of the WTO.
2. In Kenya THE PUBLIC PROCUREMENT AND ASSET
DISPOSAL ACT No. 33 of 2015 outlines the procedural and legal reasoning for tender process, although it is often abused read it!
3. The LAW further has PREFERENCES AND RESERVATION
IN PROCUREMENT For the purpose of protecting and ensuring the advancement of persons, categories of persons or groups
previously disadvantaged by unfair competition or
discrimination, reservations, preferences and shall apply
to-
(a) candidates such as disadvantaged groups;
(b)
micro, small and medium enterprises;(c) works, services and goods, or any combination
thereof;
(d) identified regions; and
(e)
such other categories as may be prescribed. This means your simplistic argument that
why not just publish the bid and have reputable companies bid for the business is over-simplistic and when the entire LEGAL process is considered WATU WA CHINI need SPECIAL PROTECTION e.g from the president in the case of desk and chairs which are extremely easy to fabricate and don't need "reputable companies" i.e "licensed firearm license holders to" push through the tenders.
IN Brief, the government is taking a huge step forward in developing and securing a MTU WA CHINI economy.
A New Kenya