Public Procurement & Private Partnerships
Public Procurement & Private Partnerships: Navigating Government Contracts
Securing contracts with the government, whether through competitive bidding or a complex Public-Private Partnership (PPP), requires specialized legal knowledge. Our firm provides comprehensive support to private entities, ensuring compliance, structuring robust agreements, and managing disputes under the Public Procurement and Asset Disposal Act (PPADA), 2015, and the Public Private Partnerships Act, 2021.
Key Aspects of Our Procurement & PPP Counsel:
We offer strategic legal guidance across the entire procurement and partnership lifecycle:
- Public Procurement Bidding: We advise private companies on the legal requirements for participation in government procurement and bidding processes. This includes reviewing tender documents, ensuring eligibility criteria are met, and advising on local content requirements and preference schemes (e.g., for disadvantaged groups).
- Administrative Review and Appeals: Should a client face unfair elimination or challenge an award, we represent them before the Public Procurement Administrative Review Board (PPARB), advocating for fairness, transparency, and compliance with the PPADA principles.
- Public Private Partnerships (PPP) Structuring: We specialize in transactions governed by the Public Private Partnerships Act, 2021. This includes:
- Drafting and Negotiating Project Agreements that define risk allocation, revenue sharing, and performance metrics over long-term concession periods (typically capped at 30 years).
- Reviewing and analyzing the legal implications of agreements between public-sector authorities and private project companies (Equity Sponsors, Lenders, and contractors).
- Advising on the process for Privately-Initiated Proposals (PIPs).
- Contract Management & Oversight: We provide ongoing advisory services to ensure project implementation adheres to the executed PPP contract and local content requirements, safeguarding the private party’s investment.
Our Value Proposition: Compliance and Strategic Negotiation
| Commitment | Our Approach |
| PPARB Expertise | Our team is adept at navigating the administrative review process, challenging flawed tenders, and defending successful awards under the PPADA. |
| Risk-Focused PPPs | We structure PPPs to clearly allocate risks in line with the Public Private Partnerships Act, 2021, protecting the private party’s financial viability and investment. |
| Value for Money | We ensure our clients’ proposals meet the legal threshold for “value for money,” a core principle mandated by the PPP framework. |
Need Help? Common Procurement & PPP Inquiries
- When is CAK approval needed for a PPP?
- Ans: While the PPP Act 2021 governs the framework, standard merger notification to the Competition Authority of Kenya (CAK) may still be required if the partnership creates or strengthens a dominant position in the market.
- What should I do if my bid is unfairly rejected?
- Ans: You have a right to seek administrative review by the PPARB. We can prepare and file a comprehensive appeal, challenging the decision based on procedural impropriety or failure to adhere to the tender documents.
- Can you review our project’s local content plan?
- Ans: Yes. We advise on compliance with the local content provisions within the PPP Act, 2021 and related regulations, which often mandate local sourcing and employment opportunities.
- What are the key differences between the 2013 and 2021 PPP Acts?
- Ans: The 2021 Act repealed the 2013 version to streamline the regulatory framework, provide a clearer path for county government participation, and clarify the process for privately-initiated proposals.