ComplyBora
Last reviewed 2026-11-04 Applies to: PPADA 2015 revised edition section numbers; confirm in the current text
Short answer: after tenders are received and opened, they are checked for responsiveness, evaluated against the criteria in the tender document, then a successful tender is notified before a contract is created.
| Stage | Section |
|---|---|
| Submission and receipt of tenders | 77 |
| Opening of tenders | 78 |
| Responsiveness of tenders | 79 |
| Evaluation of tenders | 80 |
| Clarifications; no correction of errors | 81, 82 |
| Post-qualification | 83 |
| Recommendation for contract award; successful tender | 85, 86 |
| Notification of intention to enter into a contract | 87 |
| Extension of tender validity | 88 |
| Preparation and creation of procurement contracts; refusal to sign | 134, 135, 136 |
| Changes to contract responsibilities; publication of contracts | 137, 138 |
What matters for bidders
- Evaluation is done using the procedures and criteria stated in the tender document, so bid to that document.
- A tender that is not responsive can be eliminated early, so submit every mandatory document.
- The notification of intention to enter into a contract (section 87) starts the clock for a request for review. See administrative review.
Use the bid checklist to track documents: open the checklist.
Edition and currency
Last reviewed 2026-11-04. This material refers to the Constitution of Kenya, 2010; the Public Procurement and Asset Disposal Act, No. 33 of 2015, which has been revised and amended since enactment; and the Public Procurement and Asset Disposal Regulations, 2020 (Legal Notice No. 69), for which Kenya Law publishes a consolidated version dated 31 December 2022. Laws change, so read the current authoritative text at the links below and check the date of the edition you are using before relying on any provision.
Educational information only. This page is not a substitute for professional legal advice. ComplyBora is an independent educational platform, not a government agency.
Related guides
Official and source references
- PPADA revised edition: arrangement of sections
- PPADA 2015 (National Treasury copy)
- Kenya Law: High Court ruling discussing section 80
- Constitution of Kenya, 2010 (Kenya Law)
- Article 227: Procurement of public goods and services (Kenya Law Reform Commission)
- Public Procurement and Asset Disposal Act, 2015 (Kenya Law)
- Public Procurement and Asset Disposal Regulations, 2020: Kenya Law consolidated version of 31 December 2022
- Public Procurement Regulatory Authority: legislation
- Kenya Law: case law