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PROCUREMENT ACT (CHAPTER 22:14)
Act 2/1999, 22/2001 (s. 4).
ARRANGEMENT OF SECTIONS
- Short title and date of commencement.
- Application of Act.
- Establishment of State Procurement Board.
- Functions of State Procurement Board.
- Composition of State Procurement Board.
- Disqualifications for membership of State Procurement Board.
- Terms of office and conditions of service of members.
- Limitation on right of chairman to engage in other occupations or business; disclosure of business interests and assets by other members.
- Vacation of office by members.
- Suspension of members.
- Filling of vacancies on State Procurement Board.
- Vice-chairman of State Procurement Board.
- Meetings and procedure of State Procurement Board.
- Principal officer and staff of State Procurement Board.
- Committees of State Procurement Board.
- Members of State Procurement Board and committees to disclose certain connections and interests.
- Minutes of proceedings of State Procurement Board and of committees.
- Remuneration and allowances of members of State Procurement Board and of committees.
- Directions to State Procurement Board.
- Reports of State Procurement Board.
- Delegation of functions by State Procurement Board.
- Validity of decisions and acts of State Procurement Board.
- Funds of State Procurement Board.
- Investment of moneys not immediately required by State Procurement Board.
- Financial year of State Procurement Board.
- Accounts of State Procurement Board.
- Audit of State Procurement Board’s accounts.
- Internal auditor.
- Form of procurement proceedings.
- Tendering proceedings.
- Procedure for procurement of services.
- Procurement regulations.
- Eligibility of suppliers.
- Record of procurement proceedings.
- Public access to regulations, etc.
- Suppliers to permit access to their books and accounts.
- Non-liability of procuring entity where all tenders are rejected.
- Effect of bribery, fraud or collusion by supplier.
- Effect of failure to disclose interest by member of State Procurement Board or committee thereof.
- State Procurement Board may declare supplier ineligible to be awarded State contract.
- Directions to procuring entities by State Procurement Board.
- Appeal to Administrative Court.
- Suspension of procurement proceedings pending appeal.
- State Procurement Board may require information.
- Investigations by State Procurement Board.
- Procedure on completion of investigation.
- Offences relating to procurement.
- 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.]
1 Short title and date of commencement
This Act may be cited as the Procurement Act [Chapter 22:14].
- 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;