The Institution of Engineers of Kenya is seeking clarifications and amendments on several items in the tender document of the Kenya Ports Authority, KPA/066/2024-25/PDM. 

In a statement dated September 25, 2024, IEK noted that the list of items on pages Page 27, Item 10.1(vi), Page 30 Item (8), Page 36 Items (5 & 6) are contrary to established statutes, particularly in reference to the use of audited accounts or financial statements in requests for proposals (RFP) for professional services.

According to the engineers, circular No. 4 of 2023 from the Public Procurement Regulatory Authority (PPRA) states that audited accounts/financial statements are not to be used in RFPs for professional services.

IEK reminded KPA Managing Director that the title of “ICT Engineer” is not recognized within the Engineers Act, although it was included on page 35 of the tender document that ‘ICT Engineer (10 years of experience)’. 

The Engineers Act recognizes four registration categories of Graduate Engineer, Professional Engineer,  Consulting Engineer and Accredited Checker.

At the same time, the engineers questioned the 10 years post-registration experience needed for tender application. 

“Additionally, does the 10 years of post-registration experience refer to the period after the first registration as a Graduate Engineer or after achieving the current professional registration?,” read part of IEK statement.

“Kindly clarify which internationally recognized third-party qualification is acceptable in lieu of this title,” they noted.

Meanwhile, IEK president Eng. Shammah Kiteme questioned why the following consulting firm licenses were missing from the Appendix to Instructions to Tenderers (Item 22.1):

 – Quantity Surveying (Board of Registration of Quantity Surveyors and Architects)

 – Electrical/Mechanical Engineering (Engineers Board of Kenya)

 – Civil/Structural Engineering (Engineers Board of Kenya)

At the same time Eng. Kiteme sought clarification on whether similar consulting licenses are being evaluated solely for Architects, or Quantity Surveyors, Civil/Structural Engineers, and Electrical/Mechanical Engineers will also be evaluated.

He also wanted KPA to clarify whether academic and professional certificates & professional membership of key experts are part of the mandatory evaluation criteria for all key experts.

In addition, he explained that the qualifications outlined for the architectural firm contradict those stated in Item (b) on page 32 of the Appendix to Instructions to Tenderers (Item 22.1).

“We propose that considering the distinct professional requirements for Architectural and Engineering Services, it would be more appropriate to set the minimum number of Joint Venture Members to four, as follows:

 – Architectural Services (Board of Registration of Quantity Surveyors and Architects)

 – Quantity Surveying Services (Board of Registration of Quantity Surveyors and Architects)

 – Electrical/Mechanical Engineering Services (Engineers Board of Kenya)

 – Civil/Structural Engineering Services (Engineers Board of Kenya).”