01Key takeaways
- Keep a standing file of company, tax and registration documents, and check every expiry date against the closing date.
- Register on the government's e-procurement system early and, if your business is eligible, obtain an AGPO certificate before you need it.
- Provide tender security and financial evidence in exactly the form the tender document specifies.
- Use the clarification and review routes under the Public Procurement and Asset Disposal Act, 2015, and keep to their time limits.
Public procurement in Kenya is governed by the Public Procurement and Asset Disposal Act, 2015 and its regulations, and tenders generally follow standard tender documents issued by the Public Procurement Regulatory Authority. The rules are detailed. A bid that misses one mandatory document can be ruled non-responsive at the preliminary stage, before anyone reads the technical proposal or the price.
The answer is a standing tender file: the documents every bid needs, kept current, with each expiry date tracked. Use this checklist to build it.
Company and tax documents
- Certificate of incorporation or business registration, and a recent official record of directors and shareholders, such as the CR12 for a limited company.
- Identification for each director, and an up-to-date register of beneficial owners as the Companies Act, 2015 requires.
- KRA PIN certificate and a current KRA tax compliance certificate. Check that it will still be valid on the closing date and through evaluation.
- County business permit for the premises you trade from.
- The signed forms the tender asks for, such as the form of tender, the business questionnaire and any self-declarations.
Portal registration and AGPO
Public tenders are now largely run online through the government's electronic procurement system, known as e-GP, and some entities also keep their own supplier lists or prequalification rounds. Registration checks your details against records held by other agencies, so make sure your company and tax information is up to date first. Register well before you need to bid. The week of a closing date is the worst time to find a mismatch.
If your business is owned by youth, women or persons with disabilities, the Access to Government Procurement Opportunities programme, AGPO, gives access to tenders reserved for eligible firms. You will need an AGPO certificate, issued after your ownership and documents are checked. Apply early and keep it valid. You still need every standard document alongside it.
NCA and sector licences
Contractors bidding for works need current registration with the National Construction Authority. NCA registers contractors by class of works and by category, and the category sets the value of contract you can take on. Check that your class matches the works, that your category covers the tender value and that your annual registration will stay current through the contract. Suppliers and service providers should confirm any licence their own sector requires from the relevant regulator.
Tender security and financial capacity
- Tender security in the exact form, amount and validity the tender specifies. Banks issue most securities, and some tenders also accept a guarantee from a licensed insurer.
- A tender-securing declaration, where the tender allows one in place of a security.
- Audited accounts for the years requested, with recent bank statements.
- Evidence of access to credit, such as a letter from your bank, where the tender asks for it.
Read the security form closely. A security issued to the wrong entity, for the wrong tender number or with a validity that ends too early is likely to be rejected. Our guide to performance and advance-payment guarantees covers the securities that follow award.
Past performance and key staff
- A schedule of similar contracts, with values, employers and dates.
- Completion certificates, reference letters, or purchase orders and delivery notes as evidence.
- CVs and professional registrations for the key staff you name.
- A schedule of equipment, owned or hired, with proof of ownership or hire.
- A method statement and work programme that answer the specification point by point.
Only name staff who are available. Evaluators may check, and a key person who has left can cost you marks or the contract.
Clarification, evaluation and award
Under the Public Procurement and Asset Disposal Act, 2015, a bidder can ask the procuring entity to clarify the tender documents before the closing date. Ask in writing, and ask early. Answers and any addenda go to all bidders, and an addendum can change requirements, so check for them before you submit.
Evaluation usually runs in stages: a preliminary check of mandatory documents, then technical and financial evaluation against the criteria stated in the tender. The procuring entity then notifies bidders of the outcome, and a standstill period follows before the contract is signed. If you believe the process breached the Act, you can request a review by the Public Procurement Administrative Review Board. The time limit is short and strict, so take advice as soon as you receive the notification.
How we help
Epiidosis Africa helps suppliers and contractors build and maintain a standing tender file. We review your documents against each tender's mandatory requirements, prepare the financial capacity evidence and the tender security request for your bank, and track expiry dates. Our research practice helps you find and screen suitable tenders, and our HR practice supports key-staff CVs and safety documents where a tender asks for them.
We do not lend or issue securities, and we can't promise an award. Procuring entities make award decisions, and banks decide on tender securities.
NoteGeneral information, not financial, legal or insurance advice.