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Consultations Workshops

Regarding

The Comprehensive Review of the AfDB’s Procurement Policy

Kenya

14 March 2014

Republic of Kenya

Consultations Workshops – Nairobi, Kenya – 14 March 2014 Page 1 of 11

Consultation Workshop

Concerning the comprehensive Review of the African Development Bank’s Procurement Policy

Attendance Sheet Date: 14 March 2014 Location: Nairobi, Kenya

Name Institution Position

David Mburu Kenya Electricity Transmission Company(KETRACO) Senior Supply Chain Officer

Catherine Wangeci African Virtual University(AVU) Project Manager

Cosolin Averbeck UNDP Team leader

Kipkoech Kirui National Construction Authority(NCA) Senior Supply Chain Officer

Samel Mativo Ministry of Education (MOE) P/SCM

Henry Taabu Geothermal Development Company(GDC) Chief Officer Finance






Joseph Ogachi Kenya Institute of Supply Management (KISM) Consultant

Hedwig Nyalwal Kenya Institute of Supply Management (KISM) Head of Secretariat

Eng. P.E. Kelimo Ministry of Transport & Infrastructure Infrastructure Secretary

Gangsuk SUH Korea Trade-Investment Promotion Agency (KOTRA) Managing Director

George Wanjau Ministry of Transport & Infrastructure D/Chief Econ

Efrem Fitwi World Bank Senior Procurement Specialist






Sunil Xavier USAID Contracting Officer

Nasra Hussein Kenya National Highway Authority Procurement Officer

Jessica K. Mbae Kenya National Highway Authority Legal Officer

Charles Oboun Kenya National Highway Authority Manager(Roads)

Brian Shikoli Akhonya Kenya National Highway Authority Engineer

Rodgers Siachitema African Trade Insurance Agency Procurement Officer

Rachel Maina African Trade Insurance Agency Procurement Assistant






Evans Atambo Ministry of Education, Science and Technology

(MOEST) Senior Education Officer

Thomas Otieno Public Procurement Oversight Authority Manager Capacity Building

Momata Gichana Ministry of Energy & petroleum Chief Finance Officer

Murekefu W.K. Ministry of Agriculture, Livestock & Fisheries For Director of Veterinary services.

J. Nyokabi Green Zone Development Support Project Project Manager

David N.Kuria Green Zone Development Support Project Head Community initiative






John Mwaniki Ewaso Ng’iro North Development Authority Project M&E Officer

Janet Langat Athi Water Service Board Procurement Officer

Richard Kilel Athi Water Service Board Snr. Procurement Officer

Rophire Kalela Nyange Ministry of Agriculture, Livestock &Fisheries D/Director Livestock Production

Vivian Onyaya Transparency International Kenya Finance Officer






Debra Gichio Transparency International Kenya Program Coordinator

Douglas Mutua State Department of Agriculture Procurement Specialist

Fresia Kamau Ministry of Devolution & Planning Project Manager (CEISP)

Esther N. Nyaosi State Department of Devolution Economist

Anthony Weru Kenya Private Sector Alliance Senior Program Officer

Collins H. Odhiambo Law Society of Kenya Deputy CEO/Secretary






Zennah Awiti Ministry of Education, Science and Technology

(MOEST) Procurement Officer

Pamela Ndeda Kibuon and Tende Waters- HED Project Project Coordinator

Elias Wakhisi Institute of Certified Public Accountants of Kenya Senior Officer Public Policy & Governance



Concerning the comprehensive Review of the African Development Bank’s

Procurement Policy

____________________________________________________________________________

Date: 14 March 2014

Location: Nairobi, Kenya

____________________________________________________________________________

Conclusions

There is need for the Bank to drill down and establish the specific procurement-related

factors contributing to project delays and also establish project management factors that

have impact on procurement processes.

It is advised for the Bank’s Rules focus more on addressing professionals in the

procurement field rather than processes only. There is need to enhance professionalism

in through capacity building and formation of national professional societies which would

assist in enforcing Codes of Conduct and improving transparency at country level.

The revised policy should facilitate the use of country systems. In addition, it should be

able to accommodate different contexts in borrowers’ countries and should be able to

achieve the Bank’s fiduciary as well as development objectives.

Concerning sustainability issues, there has to be a mechanism for evaluating the

sustainability of procurement outputs actor acquisition to ensure the products perform

the intended purpose for the intended life. Procurement has to take into account

environmental concerns to ensure that vendors and other actors in the process address

environmental impacts arising from procurement

Encourage development and use of local procurement agents who are specialized and

experienced, to bridge the gap in implementation capacity.

The revised policy should support procurement reforms through providing common

standards and principles. Identify all areas that lead to delays and examine national

processes that can cause endemic problems. The Bank should enhance its involvement

in implementation of frameworks for enhancing accountability to minimize manipulation

of weak oversight. Project appraisal should include a review of the country’s PFM

framework in addition to the technical aspects. Standard bidding documents should be

layered to suit different product value.


There is need to consider the influence of the local political economy. The procurement

framework has to take into account the broader view of actors involved. Dispute

resolution practitioners such as arbitrators and judicial officials are key but are often not

considered in capacity building. Training should cover these aspects to ensure all

players have the requisite capabilities to discharge their roles.

There was a general feeling for a forum to exchange with other development partners at

country level to harmonize efforts, minimize duplication and capitalize on synergies. The

East African Procurement Forum has been an effective forum in harmonizing

development and implementation of procurement laws in EAC member countries. The

Bank should take lead in harmonization efforts among different development partners in

Africa. This should include harmonization with both bilateral and multilateral DPs.

The stakeholders highlighted that Procurement presumes competition on a level playing

ground but development in Africa is disparate and diverse and powerful individuals have

substantial influence. There is risk of supply-driven rather than demand-driven

procurement.

The fit for purpose approach is highly supported, though the revised policy may take into

consideration different countries’ experiences. Most participants indicated that the one

size fit all approach under the current policy is not efficient and supported the fit for

purpose approach envisaged under the revised policy.

The revised policy should encourage the use of E-procurement and any other IT tools

that would enhance the efficiency of the procurement process. The Bank should actively

promote the use of ICT in procurement. Proactive capacity building for users to facilitate

adoption of automation in Supply Chain Management. Focus should be on content and

utility of ICT solutions rather than acquisition of tools and gadgets. Encourage

development and use of open-source software, to minimize the acquisition costs; RECs

like COMESA can be used to develop standard software for adoption by member

countries. The use of mobile phone-based solutions as a means of obtaining feedback

can also be applied.

There is need to address costs and risks in the new technology. The solutions may be

expensive to implement and there is need to ensure security of bidding documents, bids

and electronic signatures. Kenya has scheduled to roll out full implementation of

procure-to-pay module on its IFMIS from 1st July 2014. Support is needed for installation

of systems to facilitate supplier access to the module at all levels and strengthen

oversight.

Mainstreaming of the M&E framework in projects especially at grassroots, with

assistance of Civil Society groups involved in Governance issues. The Bank should

actively use academia in M&E.


The need for Gender mainstreaming in procurement at community level is key and

needs to be addressed. Cross-cutting issues like HIV and minorities groups also need to

be catered for in the new procurement policy.

There is need to ensure that emerging approaches such as PPP/EPC are not used to

circumvent core procurement principles. Therefore new policy to include detailed

guidelines for PPP/EPC contracts.

Regular reviews of national systems to incorporate emerging country-specific issues.

There is a need for the Bank to conduct progressive assessment of the new policy once

in force in order to ensure that it is achieving its intended purpose and to address any

identified gaps or shortfalls.

Community involvement, capacity building to enable local beneficiaries to manage and

be accountable for processes.

Recognizing that not all procurement is done by professionals in the field. There is

diversity of people undertaking procurement which calls for development of minimum

implementation standards that can be used to review the Bank Client’s policies.

The prior-review threshold should be matched to the capacity of the implementing

agency.

The revised policy should take the use of Social Accountability instruments and public

participation platforms that allow feedback from beneficiaries and other stakeholders into

consideration.

Use of national oversight institutions, like National Audit Office, Anti-Corruption

Agencies, procurement regulators etc. taking into account the country governance

framework.

A concern was raised on the lack of capacity in some countries with regards to using the

Bank’s rules. The Bank was encouraged to address this issue while rolling out the

revised policy by intensifing capacity building for Borrowers’ procurement staff at

national level. Quarterly sessions can be effective in addressing issues needed by EAs

to effectively implement project procurement.

The Bank was advised to provide recognition/rewards for best procurement performance

in projects.


There was a general concern on the timeline allocated to the review exercise, the Bank

was advised to try and give member countries more time to develop a better

understanding of the revised policy.

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