By MN Reporter
Migori county government is on the spot over a scam on tender procurement process which is against the law.
County procurement officers are reaping big from contractors who have to buy tender documents for pre-qualification processes against the Procurement and Disposal Act.
Godwin Odoyo, the Nyanza Youth for Change chairman said the procurement offices especially in Nyanza were directly
conning contractors by soliciting money for their companies to be pre-qualified for various tenders in the offices.
“It is a big shame that this has been going on in almost every office in the county and we are very concerned about the deeds that we want to challenge legally,” said Odoyo.
A spot check has shown that contractors who seek to be pre-qualified for the tendering processes in various county offices were being charged Sh1,000 before they could be handed the tender documents.
This is happening even after the Legal Notice number 106 dated June 18 2013 that was authored by Cabinet Secretary for the National Treasury Henry Rotich giving guidelines on how procurement activities should be conducted in public offices.
According to the Notice, procuring entities are never required to charge any fees for tender documents if the tenders are for pre-qualification or for invitation for expression of interest.
“A procuring entity may, pursuant to section 56(2) of the Public Procurement and Disposal Act, charge a fee not exceeding one thousand shillings for hard copies of tender documents. But shall not charge a fee where the tender
documents are: obtained electronically, invitations for expression of interest or invitations for pre-qualification,” the clause from the Notice says.
Speaking under a condition of anonymity for fear of victimization contractors said they have raised complaints over the issue to no avail and pay for fear of losing out on tenders.
They also have complaint of interference of tendering processes by proxies allied to powerful politicians in the county offices.
However, these were claims that could not be immediately verified since the concerned officials could not be traced for comment.
Migori County interim head of Procurement Elekiah Odari could not pick our calls or even reply to our text messages requesting him for an interview over the matter.
On the same matter Joseph Ngare, Rongo Constituency Development Fund (CDF) chairman defended the process.
“The fee is legal and goes to processing tender documents which unless clients download their copies online,’ he said.
He said those complaining are under-performers can’t perform even when they are to win tenders.
Anne Atieno, the Awendo CDF chairman said tenderers were directly qualified and no pre-qualification was done.
The County government is now under heavy criticism over the flawed deeds of the various offices with Nyanza Youth for Change caucus leading for demand of a quick resolution.
“It is imperative that the County’s officials take lead in cleaning the corrupt systems in ensuring there was conformance to the law,” said Odoyo.
The youth are now demanding for a proper audit of all the procurement activities in the county to ensure the law is properly followed.
