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 | (Repealed by Act 13 of 2020) |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]