PROCUREMENT & SUPPLY LAW AND PRACTICE
We provide advisory and consultancy services on public procurement tenders by the national government or county governments
In this area, our firm has established itself as a leader in assisting Clients with unique solutions in pursuit of, retention and completion of business procured through various bidding processes.
We have qualified legal and procurement expertise to address our clients’ needs in the following areas:
We provide advisory and consultancy services on public procurement tenders by the national government or county governments. This includes preparation and submission of tenders, addressing any arising issues including clarifications and ensuring avoidance of breach in the bidding process.
We have dealt with public procurement issues arising from either government financed or internationally financed (WB, EIB, AFD, AfDB, BADEA), donor funded (Global Fund and WHO) procurements on a wide range of projects including infrastructure (roads, aviation (airports terminal, runways and related infrastructure, sewerage and water pipelines, pharmaceutical and non-pharmaceutical equipment, complex ICT solutions among other.
This includes advice on routine procurement decisions that an entity has to make with regard to purchases and supply. Through our experienced personnel, we provide advise on sound sourcing mechanisms, disposal and outsourcing. We further provide support services in negotiations processes and also addressing dispute areas. As emphasized elsewhere in this Profile, we always ensure that we get to litigation as a last option.
This is an emerging and important area of our economy and indeed the continent. Having passed the Public Private Partnership Act in 2013, Kenya set itself on a path to allowing private investments in improvement of public facilities and services. Our firm has enthusiastically engaged clientele in following through the benefits of this Act by creatively and innovatively engaging both levels of government in initiation and implementation of important projects for the mutual benefit.
In negotiations, we strive to obtain the best deal for our Client in facilitating them to have best terms and conditions for project implementation. We also realize that getting the best deal does not necessarily mean our Client keeping it all, at all costs, but obtaining a position that will ensure a sustained commercial relationship between our client and the other party. To this end we have participated in numerous negotiations with impressive results for our clients.
Under the law, parties are allowed to file for review before the Public Procurement Administrative Review Board if they feel prejudiced out of public procurement process or after the award has been issued. We have immense experience in this area with our personnel having handled disputes of large amounts, with the biggest being a project of over USD 50 Million. We ensure proper research, preparation and meticulous presentation of the Client’s case to conclusion. In the event of appeal or review to the High Court as allowed by the law, we always ensure that the Client’s matter is handled and that the Client’s interests are well protected.
In pursuit of providing the highest quality legal services to our clients and achieve client satisfaction, the Firm guarantees that no legal fees shall be payable by our clients where, despite our clients reporting their complaint to us, the quality of our services are found to be wanting by our clients and fall below what is reasonably expected of a competent lawyer or firm of lawyers. The Firm, by means of its client-friendly complaints system, assigns a person to each matter, whom our clients can contact if they have a problem.