About

The legal requirement for women, youth and persons with disabilities to access 30% of Government Procurement opportunities is being implemented within the context of the AGPO program which was officially launched by His Excellency the President, Uhuru Kenyatta on 16th October, 2013 in Nairobi County.

The Access to Government Procurement Opportunities (AGPO) program is founded on the the Constitution of Kenya, 2010 Article 227 on the fair equitable, transparent and cost-effective public procurement of goods and services, the Constitution of Kenya, 2010 Article 55 on affirmative action and the Public Procurement and Asset Disposal Act, 2015.

What is the aim of the Access to Government Procurement Opportunities (AGPO) Program?
The aim of the AGPO program is to facilitate the enterprises owned by women, youth and persons with disability to be able to participate in Government opportunities. This is will be made possible through the implementation of the legal requirement that 30% of Government procurement opportunities be set aside specifically for enterprises owned by these groups. As a result, the program is aimed at empowering them by giving them more opportunities to do business with Government.

HOW TO JOIN ACCESS TO GOVERNMENT PROCUREMENT OPPORTUNITIES
  • Step 1 – Register a business enterprise at the Attorney General’s Office in the form of a sole proprietorship business, partnership business or a limited company . The enterprise owned by youth, women or persons with disabilities shall be a legal entity that -
    1. is registered with the relevant government body; and
    2. has at least seventy percent membership of youth, women or persons with disabilities and the leadership shall be one hundred percent youth, women and persons with disability, respectively.
  • Step 2 – If business is a partnership, get a partnership deed from a lawyer, if it is a limited company a CR12 from the registrar of business names.
  • Step 3 – Acquire a PIN and tax compliance/ tax exemption certificate from the Kenya Revenue Authority website
  • Step 4 – Acquire all required certifications from professional bodies and authorities such as National Construction Authority, Insurance Regulatory Authority, ICPAK, LSK, National Council for Persons with Disability, NEMA, ERC and all other authorized bodies.
  • Step 5 – Open a bank account for the business and acquire a bank reference from the bank.
  • Step 6 – Access the website www.agpo.go.ke and register online or visit your nearest Huduma Center for assistance

PREFERENCE & RESERVED GROUPS


The Public Procurement and Asset Disposal Act 2015 defines the preference and reservations groups as follows:

YOUTH

‘Youth’ as defined by the Kenyan Government, refers to young people between the ages of 18 years and 35 years. A youth-owned enterprise refers to a legally registered business in the form of a sole-proprietorship, partnership or limited company. For both the partnership and the limited company, the ownership in form of capital invested or shares owned should be at-least 70% for the youth.

PERSONS WITH DISABILITIES

"Disability" as per the meaning assigned to it under the Persons with Disabilities Act, 2003 means a physical, sensory, mental or other impairment, including any visual, hearing, learning or physical incapability, which impacts adversely on social, economic or environmental participation. All persons with disabilities seeking preference in Government procurement must provide their National Council for Persons with Disabilities (NCPWD) registration number.

WOMEN

“Woman” means a person of the female gender who has attained the age of eighteen years and includes a company, association or body of persons, corporate or unincorporated in which at least seventy percent of the shareholders, members or persons and a majority of its directors are of the female gender.

About AGPO

AGPO

A procuring entity shall allocate at least thirty percent of its procurement spend for the purposes procuring goods, works and services from micro and small enterprises owned by youth, women and persons with disability.

AGPO

For the purpose of implementing paragraph (I), a procuring entity shall implement the requirement through its budgets, procurement plans, tender notices, contract awards and submit quarterly reports to the Authority.

Qualifications

For the purpose of benefiting from preference and reservations schemes,an enterprise owned by youth, women or persons with disabilities shall be a legal entity that:

  1. Is registered with the relevant government body;
  2. and has at least seventy percent membership of youth, women or persons with disabilities and the leadership shall be one hundred percent youth,women and persons with disability, respectively

Eligibility Criteria

  1. Pursuant to section 156 of the Act, a person shall be qualified to benefit from preference and reservation scheme, if the person meets the requirements of section 55 of the Act.
  2. A person shall not be qualified to benefit from a preference and reservation scheme-
    1. as a contracting firm, unless that person is qualified as a local contractor or a citizen contractor; or
    2. as a micro enterprise or an enterprise owned by a disadvantaged group unless the person is registered by the National Treasury as such upon application.
  3. All small, micro and medium enterprise groups or disadvantaged groups that have been registered by the National Treasury shall automatically be included in the list of registered suppliers of a procuring entity upon submission of the National Treasury Registration certificate

Regions where exclusive preference shall apply

  1. The regions preference and reservations schemes applied shall be:
    1. Counties
    2. Sub-counties
    3. Constituencies; and
    4. Wards.
  2. Local preference and reservations shall be applicable in the counties, sub-counties, constituencies and wards, where citizen contractors are based and operate.
  3. Citizen contractors who are based and operate in the regions specified in sub-regulation (1) above, shall be given exclusive preference when participating in procurements using funds from the county government or any devolved Fund except where it is established that local capacity is not available.

Partners

KENYA REVENUE AUTHORITY
NATIONAL CONSTRUCTION AUTHORITY
NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES
STATE LAW OFFICE
Integrated Financial Management Information System
PPOA
ecitizen
YEDF