The decree which approves the new Regulation for Contracting Public Works, Supply of Goods and Provision of Services to the State, namely Decree no. 79/2022, of December 30, was recently published, revoking the diploma previously in force.
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The decree which approves the new Regulation for Contracting Public Works, Supply of Goods and Provision of Services to the State, namely Decree no. 79/2022, of December 30, was recently published, revoking the diploma previously in force.
The Public Procurement Amendment Act, 2022 was promulgated on 8 August 2022 and aims to update and amend the Public Procurement Act 15 of 2015. This Act remains problematic as it contains ambiguous wording and very short timelines within which actions can be taken. The am..
On 4 November 2022, the Minister of Finance promulgated the Preferential Procurement Regulations, 2022 (2022 Regulations) in terms of the Preferential Procurement Policy Framework Act 5 of 2000 (PPPFA).
In many countries, public procurement has for a long time been considered one of the areas most prone to manipulation and fraud. Kenya is no exception and there have been allegations of public officials and their cronies creating and winning bids at inflated prices...
When project owners refuse to pay contractors or have denied them access to the construction sites, contractors react in several ways. One such reaction is to suspend further performance of works until payment is made or access to the site is given. However, the contracto..
Public procurement in South Africa is undeniably tied to the country’s socio-economic objectives and is an important tool to achieve transformation. Recently, the Constitutional Court (“ConCourt”) in the matter of Minister of Finance v Afribusiness NPC and Ot..
A Performance Security Bond (Performance Bond) is a contract of guarantee in which one party (the Guarantor) promises to discharge the liability of a third party in the event of default. Performance Bonds are designed to ensure the performance of duties by parties t..
Public private partnerships have long been proposed as the answer to Kenya’s ever-widening infrastructure gap.