An Accounting Officer shall ensure that an ad hoc committee is established in accordance with the Act 2015 and subsequent regulations made there under and from within the members of staff, with the relevant expertise.

In establishing the ad hoc evaluation committee, the procuring entity that is a State department or County department, shall do so in consultation with the Cabinet Secretary or the County Executive Committee member responsible for that entity as the case may be.
Where technical expertise is required from outside the organization, such expertise may be obtained from other procuring entities or procured to join the committee, on recommendation, in writing, by the head of the procurement function, and the committee shall be appointed by the Accounting Officer, in writing.

An evaluation committee established shall:-

  • Deal with technical and financial aspects of a procurement as well as the negotiation of the process including evaluation bids, proposals for prequalification, registration lists, Expression of Interest and any other roles assigned to it;
  • Consist of between three and five members appointed on rotational consist of between three and five members appointed on a rotational basis comprising heads of user department and two other departments or their representatives and where necessary,
    procured consultants or professionals, who shall advise on the evaluation of the tender documents and give a recommendation on the same to the committee within a reasonable time;
  • have as its secretary, the person in charge of the procurement function;
  • complete the procurement process for which it was appointed and no new committee shall be appointed on the same issue unless the one handling the issue has been procedurally disbanded;
  • adopt a process that shall ensure the evaluation process utilized adheres to Articles 201(d) and 227 (1) of the Constitution.
  • For greater certainty a procuring entity shall where a member of the ad hoc evaluation committee contravenes any provisions of this Act, institute disciplinary measures in accordance with the procuring entity‘s disciplinary measures and the provisions of this Act.

Where a public entity lacks capacity to comply with this Act an accounting officer shall seek assistance from the National Treasury.
Subject to this Act, the evaluation committee may invite external technical experts who are not employees of the organisation to assist in matters that need specific technical expertise.

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