Legislation or policies related to small and medium-sized enterprises (SMEs) in public procurement:

 

Summary: 
Preferential public procurement policies towards small and medium-sized enterprises (SMEs) exist in Kenya. According to the Public Procurement Act, there are preferences and reservations for the public procurement participation of SMEs (Article 39.4.a). Additionally, the Public Procurement and Disposal (Preference and Reservations) Regulations of 2011 has multiple laws granting SMEs preferential treatment during the public procurement process such as:

Article 3.a = preferential treatment is to apply to SMEs

Article 19 = emphasizes the importance of unbundling procurement contracts to increase the participation of SMEs

Article 20 = unbundled proceedings should be reserved for disadvantaged groups and SMEs

Article 21 = no tender security is required from SMEs

Article 23 = open tender advertisements must state if the tender is open to bids from disadvantaged groups and SMEs registered with the Ministry of Finance

 Article 25 = procuring entities must make the most out of existing framework contracts with SMEs

Article 26 = the Public Procurement Oversight Authority must maintain a register of SMEs qualified to benefit from such preferential public procurement policies, and the register must be accessible on the authority’s website

Source: 
Public Procurement Oversight Authority
http://www.ppoa.go.ke/

Notes: 
Across several Kenyan legal documents, small and medium-sized enterprises (SMEs) are also referred to as micro-, small- and medium-sized enterprises (MSMEs) and micro- and small-scale enterprises (MSEs).

 

Programmes or other activities related to small and medium-sized enterprises (SMEs) in public procurement:

 

Summary:
Advertised tenders and the required forms are available on the Public Procurement Oversight Authority website.

 

Source: 
Public Procurement Oversight Authority
http://www.ppoa.go.ke/

 

 

Publication:

Summary:
How the participation of SMEs in public procurement is and can be facilitated under the World Trade Organisation's Agreement on Government Procurement (WTO, GPA) and the Model Law on Public Procurement issued by the United Nations Commission on International Trade Law (UNCITRAL, Model Law):
https://procurementmap.intracen.org/publications/SME_participation_in_government_procurement_markets.pdf