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 | (Repealed by Act 13 of 2020) |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]