In 2013, His Excellency the President Uhuru Kenyatta directed that the procurement rules be amended to allow 30 per cent of contracts to be given to the youth, women and persons with disability without competition from established firms.
The Public Procurement Directorate under the Ministry of Finance is in charge of the Access to Government Procurement Opportunities (AGPO) initiative which was launched at KICC on June 29th 2012. The Director of the Public Procurement, Directorate, has been tasked with spearheading this initiative to enable YOUTH, WOMEN AND PEOPLE WITH DISABILITY access 30% of Government Tenders.
The aim of the AGPO Program is to make it easier for youth, women and persons with disability-owned enterprises to be able to participate in government procurement. This is supported through the implementation of the Presidential Directive that 30% of government procurement opportunities be set aside specifically for these enterprises. It is Affirmative Action aimed at empowering youth, women and persons living with disabilities.
WHO QUALIFIES FOR AGPO?
- Youth, Women, and Persons with Disability
- Small Enterprises
- Micro Enterprises
- Citizen Contractors
- Local Contractors
- Citizen Contractors in Joint-venture or Sub-contracting arrangements with foreign suppliers
WHAT DO YOU REQUIRE TO GET AN AGPO TENDER?
- Have a business registered with the relevant government body;
- Have at least seventy percent( 70%) membership of youth, women or persons with disabilities in the business entity
- The leadership/signatories shall be one hundred percent (100%) Youth, Women and/or Persons With Disability.
Hint: No previous experience or financial history or security bonds required to make it easier for women, youth and people living with disability to qualify
WHICH DOCUMENTS DO YOU REQUIRE TO BE REGISTERED FOR AGPO?
A certificate will be issued on successful registration to be collected from the nearest Huduma Center (http://www.hudumakenya.go.ke/centres.html ). You make an ONLINE APPLICATION on (http://agpo.go.ke/register ), scan and upload the following documents;
- Identity Card(s)/Passport(s).
- Business Registration Certificate/ Certificate of Incorporation/ Partnership Deed.
- PIN/VAT Certificate.
- KRA Tax Compliance Certificate( you can apply through your Itax account)
- Memorandum/Articles of Association and CR12 (apply through E-citizen portal https://www.ecitizen.go.ke/ecitizen-services.html) mandatory for Registered Companies.
- For Construction Category – Letter/Certificate from the National Construction Authority (http://nca.go.ke/new/src/register-to-be-a-contractor), Energy Regulatory Commission (http://www.erc.go.ke/) or any other Authorised Public Technical Body as required on the tender document.
The application is online, FREE and valid throughout Kenya. AGPO tenders do not have requirements for experience, financial history and excessive technical requirements. However, the minimal requirements shall apply. This means that you MAY NOT QUALIFY FOR ALL TENDERS. You need to be strategic to choose tenders where you have expertise and connections and you can fulfill.
MYTHS ABOUT AGPO (THIS IS FALSE)
- You don’t need a registered business
- Only 100% women, youth or PWD businesses qualify
- You don’t need to qualify on technical aspects
- You don’t need to perform according to the highest standard
- You can carry out the tenders without ANY funds or access to funds to pay suppliers
- Payments are made earlier than others.
- It is NOT competitive.
- You get preferential payment terms
- You cannot apply for normal competitive tenders
- You need a different certificate for each County
- You can only register one business.
- You can only qualify for small contracts
In case of any difficulty or infringement of your rights refer to Public Procurement Regulatory Authority PPRA (previously PPOA) (http://www.ppoa.go.ke/ ) or Public Procurement and Asset Disposal Act http://www.lawquery.co.ke/areas-we-cover/other_laws/public-procurement-and-asset-disposal-act) or contact Mpower Limited ( [email protected]) for guidance.
(Check out our blog on HOW TO MAKE A SUCCESSFUL PROCUREMENT AND AGPO BID http://blog.mpowerlimited.co.ke/business/ppra-how-to-make-a-successful-procurement-and-agpo-bid/ to get tips on how to success in public procurement.)
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