PROCUREMENT ACT

Act 2/1999, 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title and date of commencement.
3. Application of Act.

PART II

STATEPROCUREMENT BOARD

4. Establishment of State Procurement Board.
5. Functions of State Procurement Board.
6. Composition of State Procurement Board.
7. Disqualifications for membership of State Procurement Board.
8. Terms of office and conditions of service of members.
9. Limitation on right of chairman to engage in other occupations or business; disclosure of business interests and assets by other members.
10. Vacation of office by members.
11. Suspension of members.
12. Filling of vacancies on State Procurement Board.
13. Vice-chairman of State Procurement Board.
14. Meetings and procedure of State Procurement Board.
15. Principal officer and staff of State Procurement Board.
16. Committees of State Procurement Board.
17. Members of State Procurement Board and committees to disclose certain connections and interests.
18. Minutes of proceedings of State Procurement Board and of committees.
19. Remuneration and allowances of members of State Procurement Board and of committees.
20. Directions to State Procurement Board.
21. Reports of State Procurement Board.
22. Delegation of functions by State Procurement Board.
23. Validity of decisions and acts of State Procurement Board.

PART III

FINANCIALPROVISIONS

24. Funds of State Procurement Board.
25. Investment of moneys not immediately required by State Procurement Board.
26. Financial year of State Procurement Board.
27. Accounts of State Procurement Board.
28. Audit of State Procurement Board’s accounts.
29. Internal auditor.

PART IV

PROCUREMENT PROCEEDINGS

30. Form of procurement proceedings.
31. Tendering proceedings.
32. Procedure for procurement of services.
33. Procurement regulations.
34. Eligibility of suppliers.
35. Record of procurement proceedings.
36. Public access to regulations, etc.
37. Suppliers to permit access to their books and accounts.
38. Non-liability of procuring entity where all tenders are rejected.
39. Effect of bribery, fraud or collusion by supplier.
40. Effect of failure to disclose interest by member of State Procurement Board or committee thereof.
41. State Procurement Board may declare supplier ineligible to be awarded State contract.
42. Directions to procuring entities by State Procurement Board.

PART V

APPEALS

43. Appeal to Administrative Court.
44. Suspension of procurement proceedings pending appeal.

PART VI

GENERAL

45. State Procurement Board may require information.
46. Investigations by State Procurement Board.
47. Procedure on completion of investigation.
48. Offences relating to procurement.
49. Application of Act to BOOT or BOT contracts.

AN ACT to establish a State Procurement Board and to provide for its functions; to make provision for the procurement of goods, construction work and services by the State, statutory bodies and other persons; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 1st August, 2001.]

PART I

PRELIMINARY

1    Short title and date of commencement

This Act may be cited as the Procurement Act [Chapter 22:14].

                       2    Interpretation

• In this Act—

“building” includes any man-made structure whatsoever or any part thereof, whether above or below the ground;

“chairman”, in relation to the State Procurement Board, means the chairman of the Board appointed in terms of subsection (1) of section six;

“conduct” includes any act or omission;

“construction work” means all work associated with the construction, reconstruction, demolition, repair or renovation of any building or infrastructure, and includes—

• site preparation, excavation work, the installation of equipment or materials, decoration and finishing; and
• incidental services such as drilling, mapping, photography and environmental and seismic investigation, where—
  • the services are provided pursuant to the procurement contract; and
  • the value of the services does not exceed that of the construction work itself;

“goods” means things of every kind and description, including— (a)     raw materials, products and equipment; and

• things in solid, liquid or gaseous form; and
• electricity; and
• immovable property; and
• services incidental to the supply of goods, where the value of the services does not exceed that of the goods themselves;

“member” means the chairman or any other member of the State Procurement Board;