Specific Power of Attorney For Purposes of a Tender

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Document Overview

A Specific Power of Attorney (Limited to Submission of a Tender) is a legal document in which a company (the principal) formally authorizes a named individual (the attorney) to act on its behalf only for the purpose of a particular tender.

It is “specific” (not general) because the powers granted are restricted to:
1. Preparing, signing, and submitting tender documents,
2. Negotiating and executing agreements relating to that tender,
3. Receiving instructions and making representations in the tender process,
4. Binding the company to commitments arising from that tender.

Purpose:
1. Most tender documents in Kenya (especially public procurement under the Public Procurement and Asset Disposal Act, 2015) require bidders to submit a valid Power of Attorney if someone other than a director/owner is signing or handling the tender.
2. It ensures that the appointed person (Attorney) has full legal authority to act for the company. This prevents challenges later, e.g., claims that the person was not authorized.
3. A company may not always have its directors available to sign every tender document. By granting a POA, the company allows an employee, manager, or consultant to handle the tender process on its behalf.
4. Whatever the Attorney signs, commits, or submits under this POA is legally binding on the company as though the directors themselves had done it.
5. Because it is limited to one tender (Tender No. and Title are included), the authority cannot be misused in other transactions.

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Specific Power of Attorney For Purposes of a Tender

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