After years of slow implementation of the policy requiring that at least 30 percent of government tenders go to youth, women and persons with disabilities (PWDs), head of public service Felix Koskei now says sanctions are on the way.
“Failure to meet AGPO [Access to Government Procurement Opportunities (AGPO) programme] threshold or to submit timely and complete compliance reports will attract administrative and disciplinary action in line with the Public Service Performance Framework and other applicable laws,” Koskei said in an August 13 circular. The directives take effect immediately.
He said many procuring entities have failed to follow the AGPO plan whose implementation started in 2013.
The AGPO policy requires public institutions to reserve at least 30 percent of procurement value for young people, women and people living with disabilities in business. Among other gains, it aims to firm up inclusion, promote job creation, and support local enterprises.
The Economic Survey 2023 shows that between the 2015/16 and 2022/23 years, women got a mere 9.37 percent of total tender value, youth had 6.02 percent, while the PWDs secured only 1.42 percent, giving these special groups a combined 16.8 percent.
According to Koskei, only 44.1 percent of State agencies submit comprehensive procurement reports on the Public Procurement Information Portal, revealing the debilitating non-compliance that the head of public service has equated to impunity.
Every accounting officer, he said, must now ensure that the 30 percent threshold is achieved for youth, women, and persons with disabilities doing business with the government. Of this, at least two percent of the tenders must go to people with disability.
Under the latest attempt at getting it right, State agencies will be required to submit quarterly reports on AGPO compliance through the Public Procurement Information Portal.
The agencies have also been ordered to train these marginalised groups in the AGPO requirements in collaboration with the Public Procurement Regulatory Authority and the MSMEs agency.
