Public Procurement Tender Document (Kenya)
TENDER FORM
TENDER FORM Public Procurement and Asset Disposal Act No. 33 of 2015 Public Procurement and Asset Disposal Regulations 2020 Tender Reference: [Tender Reference Number] Procuring Entity: [Procuring Entity Name] Tender Closing Date: [Tender Closing Date]
1. Tenderer Information
To: [Procuring Entity Name] We, the undersigned, [Tenderer Name], a company registered under the laws of Kenya with BRS Registration Number [Tenderer BRS Number] and KRA PIN [Tenderer KRA PIN], having our registered office at [Tenderer Address], hereby submit our Tender in response to the Invitation to Tender Reference No. [Tender Reference Number] for the [Tender Description]. Authorised Representative: [Tenderer Representative Name], [Tenderer Representative Title] Telephone: [Tenderer Phone] Email: [Tenderer Email]
2. Tender Offer
2.1 We hereby offer to supply the goods, render the services, or execute the works described in Tender Reference No. [Tender Reference Number] — [Tender Description] — in strict conformity with the Tender Documents for the total Tendered Price of: [Tendered Price] 2.2 Price Breakdown Summary: [Price Schedule Description] 2.3 We confirm that the prices stated in this Tender Form and the attached Price Schedule are fixed and firm for the Tender Validity Period of [Tender Validity Period] days from the Tender Closing Date of [Tender Closing Date]. 2.4 We confirm that we are able to deliver or complete the contract within [Delivery Period] from the date of contract signing.
3. Eligibility and Compliance Declarations
3.1 We confirm that we hold the following compliance documents, copies of which are attached to this Tender: (a) Kenya Revenue Authority Tax Compliance Certificate No. [TCC Number], confirming that all tax obligations — including income tax, VAT, and PAYE — are current under the Income Tax Act (Cap. 470) and the Value Added Tax Act No. 35 of 2013. (b) Business Registration Service Certificate No. [Tenderer BRS Number], confirming our registration as a legal entity under the laws of Kenya. (c) National Construction Authority (NCA) Registration: [NCA Registration] (d) Additional professional and sector registrations: [Additional Registrations] 3.2 We confirm that we are not debarred from public procurement in Kenya and do not appear on the PPRA debarment register maintained under Section 115 of the Public Procurement and Asset Disposal Act No. 33 of 2015. 3.3 AGPO Preference: [AGPO Category]. Where applicable, we have attached our valid AGPO certificate issued by the National Treasury under Section 157 of PPADA.
4. Bid Security
4.1 We attach hereto a Bid Security in the amount of [Bid Security Amount], in the form of a [Bid Security Form], issued by [Bid Security Issuer]. 4.2 The Bid Security is valid for the full Tender Validity Period of [Tender Validity Period] days from the Tender Closing Date of [Tender Closing Date] plus an additional 30 days, in accordance with Regulation 92 of the Public Procurement and Asset Disposal Regulations 2020. 4.3 We agree that the Bid Security shall be called by the Procuring Entity if: (a) We withdraw this Tender during the Tender Validity Period; (b) We fail to execute the Contract within the period specified following notification of award; or (c) We fail to submit the required Performance Security within 14 days of contract signing.
5. Integrity and Non-Collusion Declaration
5.1 We declare that this Tender has been prepared independently, without consultation, communication, or agreement with any other tenderer regarding prices, methodology, or contract terms, in compliance with the Competition Act No. 12 of 2010 administered by the Competition Authority of Kenya (CAK). 5.2 We declare that we have not offered, given, or agreed to give any officer, employee, or agent of the Procuring Entity any inducement, bribe, gift, loan, fee, or other benefit in connection with this Tender, and that no such offer has been made by any person acting on our behalf, in compliance with the Anti-Corruption and Economic Crimes Act No. 3 of 2003 and the requirements of the Ethics and Anti-Corruption Commission (EACC). 5.3 We understand that any misrepresentation or breach of this declaration will result in disqualification of this Tender, termination of any resulting contract, and referral to the PPRA for debarment proceedings under Section 115 of PPADA and to the EACC and the Director of Public Prosecutions (DPP) for investigation and prosecution.
6. Execution
Signed for and on behalf of [Tenderer Name] Signature: _______________________________ Name: [Tenderer Representative Name] Title: [Tenderer Representative Title] Date: _______________________________ Company Seal (if applicable): This Tender is submitted to: [Procuring Entity Name] For Tender Reference: [Tender Reference Number]
Authorised Representative
________________
Signature
What Is a Public Procurement Tender Document (Kenya)?
A Public Procurement Tender Document in Kenya records the public procurement tender document and the particulars that give it legal effect.
The Public Procurement and Asset Disposal Act No. 33 of 2015 establishes the legislative framework governing competitive tendering for all government goods, services, and works procurement in Kenya. PPADA is administered by the Public Procurement Regulatory Authority (PPRA), which develops and publishes Standard Tender Documents (STDs) that prescribe the structure and mandatory content of both invitation documents and tender responses. The PPRA STDs are available on the GeM-KE electronic government procurement portal, which serves as the primary platform for publishing tender notices, receiving electronic bids, and managing the procurement process under Section 57 of PPADA.
The Public Procurement and Asset Disposal Regulations 2020 (Legal Notice No. 69 of 2020) supplement PPADA and prescribe the detailed procedures for tender preparation, submission, opening, evaluation, and award. Regulation 67 of the 2020 Regulations requires procuring entities to allow sufficient time for tender preparation — a minimum of 21 days for open national tenders and 30 days for open international tenders under Regulation 63. Regulation 78 specifies the procedures for tender opening, which must be conducted in public, with tender opening minutes signed by all present.
A Public Procurement Tender Document in Kenya typically comprises several components. The Tender Form is the formal offer to supply goods, render services, or execute works at the stated price and within the stated time. The Price Schedule sets out the unit rates and total prices for all items in the bill of quantities or schedule of requirements. The Eligibility and Qualification Documents evidence the tenderer's legal status, financial capacity, technical experience, and compliance with mandatory eligibility criteria under Section 55 of PPADA — including tax compliance, registration, and freedom from debarment.
The bid security — also called a tender bond — is a financial guarantee required under Regulation 92 of the 2020 Regulations, typically ranging from 1% to 2% of the estimated contract value, submitted in the form of a bank guarantee from a Central Bank of Kenya (CBK)-licensed commercial bank or a bid bond from an Insurance Regulatory Authority (IRA)-licensed insurer. The bid security protects the procuring entity against tender withdrawal or non-execution of the contract by the successful tenderer during the tender validity period.
Public procurement in Kenya is subject to preference and reservation schemes under Section 157 of PPADA and Part IX of the 2020 Regulations. Youth, women, and persons with disabilities are entitled to a 30% preference margin on evaluated prices for procurements below KES 30 million under the Access to Government Procurement Opportunities (AGPO) programme administered by the National Treasury. Tenderers applying for AGPO preference must hold a valid AGPO certificate issued by the National Treasury and submit evidence of registration with the relevant AGPO category. This tender document template is designed for use across supply, services, and works tender categories and should be adapted to the specific PPRA STD applicable to the procurement.
When Do You Need a Public Procurement Tender Document (Kenya)?
A Public Procurement Tender Document in Kenya is required in every instance where a supplier, contractor, or consultant wishes to compete for a government contract under the Public Procurement and Asset Disposal Act No. 33 of 2015, and several circumstances make a properly structured tender submission immediately essential.
A Public Procurement Tender Document is needed whenever a company, partnership, or individual receives an Invitation to Tender (ITT) from a government ministry, state department, county government, or state corporation published on the PPRA GeM-KE portal or in a newspaper of national circulation under Section 57 of PPADA. The tenderer must submit a formal written tender response within the period specified in the invitation — failure to submit in the prescribed format or by the tender closing time results in automatic disqualification under PPRA Standard Tender Documents.
A Public Procurement Tender Document is required when a business wishes to participate in a Request for Proposals (RFP) for consultancy services — engineering, legal, financial advisory, or management consulting — under Section 105 of PPADA and the PPRA Standard Request for Proposals. Consulting firms must submit both a Technical Proposal and a Financial Proposal in separate sealed envelopes, with the technical evaluation completed before the financial envelope is opened under the quality and cost-based selection (QCBS) method.
A Public Procurement Tender Document is needed when a supplier seeks to be registered on a pre-qualified list or framework agreement maintained by a procuring entity under Section 130 of PPADA. Pre-qualification tender documents establish the tenderer's eligibility for future call-off contracts without requiring full tender competition for each order.
A Public Procurement Tender Document is required when a tenderer applies for government works contracts under the National Construction Authority (NCA) registration scheme. The NCA, established under the National Construction Authority Act No. 41 of 2011, requires contractors to be registered in the appropriate NCA category (NCA 1 through NCA 8) before tendering for government construction works, and the tender document must include evidence of valid NCA registration.
A Public Procurement Tender Document is needed for all procurements in the health sector under the Kenya Medical Supplies Authority (KEMSA) and the Ministry of Health, where suppliers of pharmaceuticals, medical devices, and health commodities must submit compliant tenders under PPADA and the relevant sector-specific procurement guidelines issued by the Ministry of Health and the Pharmacy and Poisons Board.
What to Include in Your Public Procurement Tender Document (Kenya)
A compliant Public Procurement Tender Document in Kenya under the Public Procurement and Asset Disposal Act No. 33 of 2015 and the Public Procurement and Asset Disposal Regulations 2020 must contain the following essential elements.
Tender Form: The formal offer letter addressed to the procuring entity, confirming the tenderer's commitment to supply the goods, render the services, or execute the works in accordance with the tender documents at the stated contract price, within the stated period of delivery or completion, and for the full tender validity period specified in the Invitation to Tender. The Tender Form must be signed by an authorised representative of the tenderer — a director, company secretary, or duly authorised agent supported by a power of attorney or board resolution.
Tenderer Identification: Full legal name, form of legal organisation (limited company, partnership, sole proprietorship), Business Registration Service (BRS) registration number, registered address, tax compliance certificate number, and KRA Personal Identification Number (PIN) of the tenderer. Foreign tenderers must provide equivalent registration documents from their country of incorporation and evidence of legal capacity to contract in Kenya under the Law of Contract Act Cap. 23.
Eligibility and Qualification Documents: Evidence of compliance with the mandatory eligibility criteria under Section 55 of PPADA, including: a valid Tax Compliance Certificate (TCC) from the Kenya Revenue Authority (KRA) accessed via the iTax portal; a Certificate of Registration from the Business Registration Service via the eCitizen portal; compliance certificates from the National Social Security Fund (NSSF) and National Hospital Insurance Fund (NHIF) where the tenderer employs staff; a valid NCA registration certificate for construction works; and any sector-specific professional registration certificates required by the relevant regulatory authority.
Price Schedule: A completed schedule of unit rates and total prices for all line items in the bill of quantities (BOQ), schedule of requirements, or schedule of activities, expressed in Kenya Shillings (KES) or the permitted foreign currency stated in the Invitation to Tender. The price schedule must be consistent with the technical specifications and must clearly indicate whether prices are inclusive or exclusive of VAT at 16% under the Value Added Tax Act No. 35 of 2013. Price corrections may be made only under the PPRA standard conditions for arithmetic error correction — tenderers cannot withdraw or alter prices after tender opening.
Technical Proposal: For service and works contracts, a technical proposal describing the tenderer's understanding of the scope, methodology, resources, personnel, and programme for delivering the contract. For consultancy assignments, the Technical Proposal must comply with the PPRA Standard Request for Proposals and include the CVs of key experts proposed by the tenderer, evidence of similar past assignments, and an organisational chart for the assignment team.
Bid Security: An unconditional bank guarantee or bid bond in the amount and form prescribed by the Invitation to Tender, typically 1% to 2% of the estimated contract value, issued by a CBK-licensed commercial bank or an IRA-licensed insurer under Regulation 92 of the Public Procurement and Asset Disposal Regulations 2020. The bid security must remain valid for the entire tender validity period plus 30 additional days. A bid submitted without the required bid security, or with a bid security in a form not compliant with the PPRA standard, will be rejected as non-responsive at tender evaluation.
Access to Government Procurement Opportunities (AGPO): Where the tenderer is applying for preference under the AGPO programme for youth, women, or persons with disabilities, the tender document must include a valid AGPO certificate issued by the National Treasury and evidence of compliance with the 30% preferential margin criteria under Section 157 of PPADA and Part IX of the 2020 Regulations.
Confidentiality and Non-Collusion Declaration: A signed declaration by the tenderer confirming that the tender has been prepared independently, that no anti-competitive agreement or cartel arrangement has been made with other tenderers, and that no inducement or bribe has been offered to or received from any officer of the procuring entity, as required under the Anti-Corruption and Economic Crimes Act No. 3 of 2003 and the PPRA Standard Tender Documents.
Forms-legal.com provides this Kenya Public Procurement Tender Document template to assist tenderers in preparing compliant bids. Tenderers should always obtain the current PPRA Standard Tender Documents for the applicable procurement category and should consult an advocate admitted to the Roll of Advocates maintained by the Law Society of Kenya (LSK) on any legal compliance questions arising from specific procurement requirements.
Under Kenyan law, the Constitution of Kenya 2010 is the supreme law. The Law of Contract Act (Cap. 23) governs contractual obligations. The Kenya Revenue Authority (KRA) administers tax under the Income Tax Act (Cap. 470). The High Court of Kenya, established under Article 165 of the Constitution, has unlimited original jurisdiction. The Data Protection Act No. 24 of 2019 and the Office of the Data Protection Commissioner (ODPC) govern personal data.
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Forms Legal. (2026). Public Procurement Tender Document (Kenya) (Kenya) [Legal document template]. Forms Legal. https://forms-legal.com/kenya/government/declarations/public-procurement-tender-kenya
"Public Procurement Tender Document (Kenya) (Kenya)." Forms Legal, 2026, https://forms-legal.com/kenya/government/declarations/public-procurement-tender-kenya.
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Eligibility to tender for government contracts in Kenya is governed by Section 55 of the Public Procurement and Asset Disposal Act No. 33 of 2015 (PPADA) and the applicable PPRA Standard Tender Documents. A tenderer — whether a company, partnership, or individual — must meet the following mandatory eligibility criteria to qualify for consideration: first, the tenderer must not be debarred from public procurement under Section 115 of PPADA — the PPRA maintains a publicly accessible debarment register on the GeM-KE portal; second, the tenderer must hold a valid Tax Compliance Certificate (TCC) issued by the Kenya Revenue Authority (KRA) through the iTax portal, confirming that all tax obligations — income tax, VAT, PAYE, and withholding tax — are current; third, the tenderer must be registered with the Business Registration Service (BRS) via the eCitizen portal and must hold a valid business permit from the relevant county government under the County Governments Act No. 17 of 2012; fourth, for construction works contracts, the tenderer must be registered with the National Construction Authority (NCA) under the National Construction Authority Act No. 41 of 2011 in the appropriate NCA category; fifth, the tenderer must comply with all sector-specific registration and licensing requirements — for example, registration with the Engineers Board of Kenya (EBK) under the Engineers Act No. 43 of 2011 for engineering consultancies, or registration with the Architects and Quantity Surveyors Board under the Architects and Quantity Surveyors Act Cap. 525 for quantity surveying services.
The Access to Government Procurement Opportunities (AGPO) programme is established under Section 157 of the Public Procurement and Asset Disposal Act No. 33 of 2015 and Part IX of the Public Procurement and Asset Disposal Regulations 2020. AGPO reserves 30% of government procurement opportunities for businesses owned by youth (persons aged 18 to 35), women, and persons with disabilities. The programme is administered by the National Treasury, which issues AGPO certificates to qualifying enterprises through the eCitizen portal. To obtain an AGPO certificate, a business must demonstrate that it is at least 70% owned and managed by persons in one of the qualifying categories. Certified AGPO enterprises are entitled to a 30% preferential margin on evaluated prices — meaning their evaluated tender price is reduced by 30% for comparison purposes against non-AGPO tenderers — for procurements below the open tendering threshold. County governments must also comply with AGPO requirements under the Public Finance Management (County Governments) Regulations 2015. The National Treasury monitors AGPO compliance by procuring entities and publishes quarterly reports on the PPRA GeM-KE portal. Failure by a procuring entity to meet the 30% AGPO procurement target may be flagged by the Controller of Budget in the annual county and national budget implementation reports under Article 228 of the Constitution of Kenya 2010.
A bid security — also called a tender bond — is a financial guarantee submitted by a tenderer alongside their tender to protect the procuring entity against the risk that the successful tenderer will withdraw their bid during the tender validity period or refuse to execute the contract after award. Bid security requirements in Kenya are governed by Regulation 92 of the Public Procurement and Asset Disposal Regulations 2020. The bid security is typically set at 1% to 2% of the estimated contract value and must be in one of the following forms: an unconditional bank guarantee issued by a commercial bank licensed by the Central Bank of Kenya (CBK) under the Banking Act Cap. 488; or a bid bond issued by an insurance company licensed by the Insurance Regulatory Authority (IRA) under the Insurance Act Cap. 487. The bid security must remain valid for the full tender validity period — typically 120 to 180 days — plus an additional 30 days. A tenderer who fails to submit the required bid security, or submits it in a non-compliant form, will have their tender declared non-responsive and rejected at evaluation under PPRA Standard Tender Documents. The bid security is released to unsuccessful tenderers after notification of award and to the successful tenderer upon execution of the contract and submission of the performance security. A procuring entity may call the bid security if the successful tenderer withdraws their tender during the validity period, fails to execute the contract within the prescribed period, or fails to submit the required performance security.
Tender evaluation in Kenya is governed by Sections 79 to 83 of the Public Procurement and Asset Disposal Act No. 33 of 2015 and Regulations 101 to 112 of the Public Procurement and Asset Disposal Regulations 2020. The evaluation process follows a three-stage approach. First, administrative compliance review: the procuring entity checks whether each tender is complete, properly signed, submitted before the deadline, and accompanied by all required documents including the bid security. Tenders that fail administrative compliance are rejected as non-responsive. Second, technical evaluation: the procuring entity assesses whether the goods, services, or works offered meet the technical specifications, qualifications, and eligibility criteria specified in the Invitation to Tender. Third, financial evaluation: for goods and works, the lowest evaluated price among technically compliant tenders is selected under the lowest-price-compliant methodology. For services and consultancies, the quality and cost-based selection (QCBS) method applies, combining a technical score (typically 80% weight) and a financial score (20% weight) to produce an evaluated total score under Section 105 of PPADA and Regulation 105 of the 2020 Regulations. The evaluation team — constituted under Section 68(2) of PPADA — must be independent, and their evaluation report must be approved by the procuring entity's tender committee before notification of award. Members of the evaluation team are subject to confidentiality obligations and conflict of interest disclosure requirements under PPADA.
Yes, aggrieved tenderers have a right to challenge public procurement decisions in Kenya through a structured review mechanism under the Public Procurement and Asset Disposal Act No. 33 of 2015. The first step is to request a debriefing from the procuring entity within 14 days of receiving the notification of award outcome under Section 93 of PPADA. The procuring entity must provide a written explanation of the evaluation result within 5 days of the request. If the tenderer remains dissatisfied after the debriefing, they may lodge an application for review with the Public Procurement Administrative Review Board (PPARB) within 14 days of the debriefing — or within 14 days of the notification of award where no debriefing is provided — under Section 167 of PPADA. The PPARB is an independent body established under Section 27 of PPADA with power to investigate, suspend procurement proceedings, annul contract awards, and order corrective measures. The PPARB must determine a review application within 21 days of receipt under Section 172. A party aggrieved by a PPARB decision may further appeal to the High Court of Kenya under Section 175 of PPADA on a point of law within 30 days of the PPARB decision. Filing a PPARB review application automatically suspends the procurement process until the review is determined, unless the PPARB lifts the suspension on public interest grounds.
Tax compliance documentation is a mandatory eligibility requirement for all tenderers in Kenya government procurement under the Public Procurement and Asset Disposal Act No. 33 of 2015. The primary tax document required is a valid Tax Compliance Certificate (TCC) issued by the Kenya Revenue Authority (KRA) through the iTax online portal. The TCC confirms that the tenderer is registered for all applicable taxes — including income tax, VAT (where turnover exceeds KES 5,000,000 under the Value Added Tax Act No. 35 of 2013), PAYE (for employers), and withholding tax — and that all outstanding tax liabilities are settled or subject to an approved payment arrangement with KRA. A TCC is valid for 12 months from the date of issue and must be current at the date of tender submission. For companies, the TCC must be in the name of the registered company, not individual directors. Additionally, tenderers who are employers must submit current compliance certificates from the National Social Security Fund (NSSF) under the NSSF Act No. 45 of 2013 and the National Hospital Insurance Fund (NHIF) under the National Hospital Insurance Fund Act Cap. 255 confirming that employee contributions are up to date. Some procurement categories additionally require a clearance certificate from the Ethics and Anti-Corruption Commission (EACC) for principals of the tendering entity under the Public Officer Ethics Act No. 4 of 2003.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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