ACT
(Acts 19 of 2015 and 13 of 2020)
Act 19 of 2015 .. in force 1 June 2021 (S.I. 202/2020)
Amended by Act 13 of 2020 .. in force on 4 December 2020
ARRANGEMENT OF SECTIONS
PRELIMINARY
| 1. | Short title and commencement | 
| 2. | Interpretation | 
| 3. | Purpose | 
| 4. | Application | 
PART 1
ADMINISTRATION
Division 1
Functions of the Minister, Director, Procuring Entity, Procurement Unit and Accounting Officer
| 4A. | Functions of the Minister | 
| 4B. | Powers of the Minister | 
| 4C. | Delegation of powers | 
| 5. | Functions of Director | 
| 6. | Powers of Director | 
| 7. | Functions of procuring entity | 
| 8. | (Repealed by Act 13 of 2020) | 
| 9. | Functions of Public Procurement Unit | 
| 10. | Functions of accounting officer | 
Division 2
Central Public Procurement Board
| 11. | Establishment of Central Public Procurement Board | 
| 12. | Functions of the Board | 
| 13. | Powers of the Board | 
| 14. | Composition of the Board | 
| 15. | Duration of appointment | 
| 16. | Revocation | 
| 17. | Secretary to the Board | 
| 18. | Staff of the Board | 
| 19. | Meetings of the Board | 
| 20. | Oath of office | 
| 21. | Disclosure of interest | 
| 22. | Funds | 
Division 3
Public Procurement Committee
| 23. | Appointment of Public Procurement Committee | 
| 24. | Composition of Public Procurement Committee | 
| 25. | Functions of the Public Procurement Committee | 
Division 4
Tender Evaluation Committee
| 26. | Appointment of Tender Evaluation Committee | 
| 27. | Composition of Tender Evaluation Committee | 
| 27A. | Evaluation of Works Contract by Consultant | 
| 28. | Functions of Tender Evaluation Committee | 
Division 5
Administration for Public-Private Partnerships
| 29. | Appointment of Public-Private Partnership Steering Committee | 
| 30. | Composition of the Steering Committee | 
| 31. | Functions of the Steering Committee | 
| 32. | Meetings of the Steering Committee | 
| 33. | Appointment of Public-Private Partnership Project Team | 
| 34. | Composition of the Project Team | 
| 35. | Functions of the Project Team | 
| 36. | Appointment of Public-Private Partnership Core Team | 
| 37. | Functions of the Core Team | 
| 38. | Conflict of interest | 
PART 2
PUBLIC PROCUREMENT
Division 1
Public procurement plan, requirement, specification and description
| 39. | Public procurement plan | 
| 40. | Public procurement requirement | 
| 41. | Specifications and descriptions of public procurement | 
| 42. | Initiation of public procurement procedure | 
Division 2
Public Procurement Procedures for Consultancy Services
| 43. | Notice of expression of interest | 
| 44. | Short listing | 
| 45. | Request for proposals | 
| 46. | Submission of proposal | 
| 47. | Evaluation of technical proposal | 
| 48. | Consideration and evaluation of financial proposal | 
| 49. | Selection of proposal | 
| 50. | Negotiation of proposal | 
Division 2A
Public Procurement Procedures for Goods, Works and Services
| 51. | Request for sealed quotation | 
| 52. | Direct public procurement | 
| 53. | Emergency public procurement | 
| 54. | Minor value public procurement | 
| 55. | Public procurement of bulk purchases | 
| 56. | Public procurement under framework agreement | 
Division 3
Tendering
| 57. | Open competitive tendering | 
| 57A. | List of Suppliers | 
| 58. | Restricted tendering | 
| 59. | Two-stage tendering | 
| 60. | Pre-qualification procedure | 
| 61. | Invitation to tender | 
| 62. | Eligibility of tenderer | 
| 63. | Qualification of tenderer | 
| 64. | Tendering document | 
| 65. | Clarification and modification of tendering document | 
| 66. | Tendering deadline | 
| 67. | Submission of tender | 
| 68. | Period of validity of tender | 
| 69. | Withdrawal and modification of tender | 
| 70. | Tender security or tender securing declaration | 
| 71. | Receipt of tender | 
| 72. | Opening of tender | 
| 73. | Examination and evaluation of tender | 
| 74. | Post-qualification | 
| 75. | Negotiation with successful tenderer | 
| 76. | Award of public procurement contract | 
| 77. | Debriefing of unsuccessful tenderer | 
Division 4
General
| 78. | Public procurement not to be split or inflated | 
| 79. | Lots | 
| 80. | Cancellation of public procurement procedure | 
| 81. | Record of public procurement | 
| 82. | Statement and declaration | 
| 83. | Failed public procurement procedure | 
| 83A. | Complaint | 
| 83B. | Assessment of complaint by procuring entity | 
| 84. | Review | 
PART 3
PUBLIC PROCUREMENT CONTRACT
| 85. | Contents of public procurement contract | 
| 86. | Amendment of public procurement contract | 
| 87. | Commencement of work | 
| 88. | Transfer or assignment of public procurement contract | 
| 89. | Inspection of goods | 
| 90. | Acceptance report | 
| 91. | Payments | 
| 92. | Advance Payment | 
| 93. | Monitoring, evaluation and reporting | 
| 94. | Deficient performance, breach and termination | 
| 95. | Dispute resolution under public procurement contract | 
PART 4
PUBLIC-PRIVATE PARTNERSHIP
| 96. | Project identification and screening | 
| 97. | Project concept note | 
| 98. | Development of business case | 
| 99. | Public-private partnership transaction | 
| 100. | Expression of interest and pre-qualification of tenderers | 
| 101. | Shortlist of potential tenderers | 
| 102. | Preparation of public-private partnership transaction document | 
| 103. | Submission of tender under the transaction | 
| 104. | Evaluation of tender under the transaction | 
| 105. | Selection of preferred tenderer | 
| 106. | Determination by Cabinet | 
| 107. | Vetting of public-private partnership contract | 
| 108. | Finalization and negotiation | 
| 109. | Public-private partnership contract | 
| 110. | Unsolicited proposal | 
| 111. | Public-private partnership contract management | 
PART 5
ASSET DISPOSAL
| 112. | (Repealed by Act 13 of 2020) | 
PART 6
MISCELLANEOUS
| 113. | Confidentiality | 
| 114. | Suspension of tenderer and contractor | 
| 115. | Conduct of tenderer and contractor | 
| 116. | Design contests | 
| 117. | Immunities | 
| 118. | General penalty | 
| 119. | Amendment of Schedules | 
| 120. | Regulations | 
| 121. | Repeal | 
| 122. | Transitional provisions | 
| Schedule 1 |  | 
| Schedule 2 |  | 
| Schedule 3 |  | 
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An Act to regulate and provide for the procedures to be applied in the public procurement of goods, works and services, for the public procurement of projects under a public-private partnership, for the institutions responsible for those matters and related matters. (Amended by Act 13 of 2020)
 
Commencement [1 June 2021]