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Kuchesa Tender
Much Know
#1 Posted : Wednesday, October 07, 2020 6:10:14 PM
Rank: Elder


Joined: 12/6/2008
Posts: 3,474
With thanks to Mtukufu Rais Uhuru, Jubilee government, BBI e.t.c to push tender business hadi chini kwa mwanachi ya kawaida through engaging jua kali people (for example in supplying school desk, Big four doors and window ), and seeing corona hardships, most of those sme's here facing problems, jobloss, e.t.c let's kindly discuss these extremely noteworthy change to Kenya's economics here and how we can win this tenders.

Am convinced Uhuru will pull through the economy very fast!

Nimeamua kucheza tender!!
A New Kenya
Much Know
#2 Posted : Wednesday, October 07, 2020 6:14:35 PM
Rank: Elder


Joined: 12/6/2008
Posts: 3,474
In a clean and honest way bila corruption. Pray
A New Kenya
radiomast
#3 Posted : Wednesday, October 07, 2020 9:43:27 PM
Rank: Member


Joined: 2/15/2018
Posts: 407
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?

Asking governors to give tenders to Mwananchi wa Kawaida as you say will not stop corruption. It will just push corruption further downwards.

Waititu gave awarded a tender for Ksh 2.3 million to supply 8 tyres. How will this be stopped if governors give tenders to mwananchi wa kawaida? He can still give mwnanchi wa kawaida the 2.3 million tender and take 70% of it.

On the other hand if governors are forced to publish the bid and accept the best offer, you will reduce corruption significantly. Companies will bid lower and even offer quantity discounts.
Much Know
#4 Posted : Thursday, October 08, 2020 10:33:20 AM
Rank: Elder


Joined: 12/6/2008
Posts: 3,474
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
Fyatu
#5 Posted : Thursday, October 08, 2020 2:09:21 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,757
Location: Nakuru
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?



Your thinking is revolutionary my brother. We don't need a tender process.

For example..
If a county wants to buy 10 Toyota landcruisers to be used as ambulances, why float a tender for this? Why not go direct to Toyota Kenya and purchase these vehicles directly instead of sending @Fyatu in the name of a tender to purchase the vehicles for them(county)?

If a ministry wants to buy bic ball pens, why send @radiomast to purchase these when the procurement officer can simply pick a phone and call someone at Haco industries and order for these...

Kenya is a stupidly peculiar nation. Kuzaliwa Kenya ni laana
Dumb money becomes dumb only when it listens to smart money
TheAlchemist
#6 Posted : Thursday, October 08, 2020 3:11:53 PM
Rank: New-farer


Joined: 7/30/2019
Posts: 13
Location: Nairobi
Fyatu wrote:
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?



Your thinking is revolutionary my brother. We don't need a tender process.

For example..
If a county wants to buy 10 Toyota landcruisers to be used as ambulances, why float a tender for this? Why not go direct to Toyota Kenya and purchase these vehicles directly instead of sending @Fyatu in the name of a tender to purchase the vehicles for them(county)?

If a ministry wants to buy bic ball pens, why send @radiomast to purchase these when the procurement officer can simply pick a phone and call someone at Haco industries and order for these...

Kenya is a stupidly peculiar nation. Kuzaliwa Kenya ni laana



From a public procurement and value for money point of view, I think over a certain kshs amount you are not allowed to float a tender for specific brands such as Toyota or Bic unless you have a lot of justification for it. It should be very generic where all including Mahindra and the likes give their technical and financial bids, you evaluate them and pick the best.

Besides, you don't want to get into those trade disputes where agent A (say Toyota Europe) claims they are the genuine agent and not agent B (say Toyota Japan)




Fyatu
#7 Posted : Thursday, October 08, 2020 3:43:04 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,757
Location: Nakuru
TheAlchemist wrote:


From a public procurement and value for money point of view, I think over a certain kshs amount you are not allowed to float a tender for specific brands such as Toyota or Bic unless you have a lot of justification for it. It should be very generic where all including Mahindra and the likes give their technical and financial bids, you evaluate them and pick the best.

Besides, you don't want to get into those trade disputes where agent A (say Toyota Europe) claims they are the genuine agent and not agent B (say Toyota Japan)







You get me wrong. The question is whether a tender is required in the first place.

The county/ministry has a procurement officer employed and earning a salary.

Take for instance Marsabit county, If there is a need to buy ambulances for Marsabit county, then Toyota landcruiser hardtop is the best option. Why then send @Fyatu(via a tender)?What is stopping the procurrement officer from calling Toyota Kenya and making an order?

If it is the law that is stopping procurrement officer from direct purchase, why are the semi-senile BBI wazee not changing this law that has provided a conduit for taxes to be stolen in broad daylight and for that matter legally?

Eliminate the middleman/broker/tenderpreneur e.g., @fyatu and there will be no loss of money.
Dumb money becomes dumb only when it listens to smart money
radiomast
#8 Posted : Thursday, October 08, 2020 6:44:40 PM
Rank: Member


Joined: 2/15/2018
Posts: 407
Fyatu wrote:


Your thinking is revolutionary my brother. We don't need a tender process.

For example..
If a county wants to buy 10 Toyota landcruisers to be used as ambulances, why float a tender for this? Why not go direct to Toyota Kenya and purchase these vehicles directly instead of sending @Fyatu in the name of a tender to purchase the vehicles for them(county)?

If a ministry wants to buy bic ball pens, why send @radiomast to purchase these when the procurement officer can simply pick a phone and call someone at Haco industries and order for these...

Kenya is a stupidly peculiar nation. Kuzaliwa Kenya ni laana


Thank you O


Waititu reportedly gave his wife a tender for 8 tyres at Ksh 2.3 million.

Had he asked for bids, he would have gotten proposals from Kingsway Tyres, Aurora Tires etc.

The county of Kiambu would have ended up paying Ksh 100,000 for all 8 tyres instead of Ksh 2.3 million.

Why aren't governors required to send proposals and accept bids?

Reducing corruption is not difficult. This is so straightforward. We make things too complicated

The procedure described by @Much Know above is precisley the system that encourages corruption. Why do we Kenyans insist on keeping a system that is detrimental to the country? Are we doomed to be a mediocre country/continent?
Fyatu
#9 Posted : Thursday, October 08, 2020 7:16:58 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,757
Location: Nakuru
radiomast wrote:
Are we doomed to be a mediocre country/continent?



Kuzaliwa Kenya ni laana
Dumb money becomes dumb only when it listens to smart money
Mike Ock
#10 Posted : Sunday, October 11, 2020 3:50:23 AM
Rank: Member


Joined: 1/22/2015
Posts: 672
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?

Asking governors to give tenders to Mwananchi wa Kawaida as you say will not stop corruption. It will just push corruption further downwards.

Waititu gave awarded a tender for Ksh 2.3 million to supply 8 tyres. How will this be stopped if governors give tenders to mwananchi wa kawaida? He can still give mwnanchi wa kawaida the 2.3 million tender and take 70% of it.

On the other hand if governors are forced to publish the bid and accept the best offer, you will reduce corruption significantly. Companies will bid lower and even offer quantity discounts.


What I know is that for cars they often go direct to the local dealers but usherati bado iko. It's just the nature of the government beast
Much Know
#11 Posted : Tuesday, October 13, 2020 10:06:51 AM
Rank: Elder


Joined: 12/6/2008
Posts: 3,474
Sad Tender yetu imekulwo. Those of us whose applications were successful were "awarded" tenders about three weeks ago on a Friday from "The Presidency" and pre-qualification documents from ministry of education. We were told the first half of the funds as declared by the Uhunye et al would be in our accounts by Tuesday. We should then immediately make one COMPLETE set of the school equipment tendered for, photograph it and wait for a go ahead/inspection to complete the rest.

Tuesday turned into two weeks, no funds, meanwhile in Nairobi the jua kali workshops had started and the above procedure followed there, huku mashinani!!! Jua kali sme's wanaonyeshwa mambo. Where can rural sme's run to? This are just some "poor" wanyonges to the max. In the course of these delays some tenders started mysteriously "changing hands" and people being pressured to decline. For example whereas the time-frame given initially was one month, letters emerged demanding they be completed in two weeks and some pulled out.

A few days ago, a G.K stopped at my workshop and a very kali jamaa from "presidency" whom i knew as one of the officers responsible and another two started asking me to show him the timber, frames e.t.c which was NOT IN LINE with what the president and those issuing the tender had said. He became very very kali and "cancelled" my tender without giving anything in writing, mara that that! Hauna Capacity!!! This seemed like a way to make me appear to abandon the process. My workshop is the only one with pipe benders, cutoff saws, IGBT welders and other specialized equipment

Am certain the tender has been awarded to a 'licensed firearm holder' among many other's, i heard there was a lady going round with a letter "from above" demanding 1000 pieces of work from the 3000 pieces that had been awarded to our constituency. Approximately 20 workshops had been awarded the tenders but am kind of certain that the Kabura-like lady had some powerful person behind her.

That is the story of Jua Kali tenders from first hand experience.
Sad
A New Kenya
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