Public Procurement and Disposal of Public Assets Act, 2003

Section Short title and commencement Section This Act may be cited as the Public Procurement And Disposal of Public Assets Act, 2003. This Act shall commence on a day appointed by the Minister by statutory instrument.

Section Application of the Act Section This Act shall apply to all public procurement and disposal activities and in particular shall apply to— all public finances— For the avoidance of doubt, the following activities by a procuring and disposing entity are not procurement to which this Act applies— originating from the Consolidated Fund and related special finances expended through the capital or recurrent budgets, whatever form these may take; that may be earmarked for external obligation purposes, except those resources that may be earmarked for payments of membership subscriptions and contributions; and of a procuring and disposing entity ; resources in the form of counterpart transfers or co-financing or any finances of a similar nature within the context of development co-operation agreements for the implementation of national programmes; and procurement and disposal by a procuring and disposing entity , within or outside Uganda; [paragraph (c) substituted by section 2(a) of Act 11 of 2011 ] procurement financed from specific public finances specified in paragraph (a), in the case of an entity not being of Government, except where the Authority confirms in writing, that the p...

Section Interpretation Section In this Act, unless the context otherwise requires— “ accounting officer ” means— (a) an accounting officer appointed as such by the Secretary to the Treasury; (b) a person appointed under an Act of Parliament or under an instrument of appointment made under an Act of Parliament, including the Companies Act, to perform the functions of accounting officer of a procuring and disposing entity ; or (c) a person appointed to perform the functions of accounting officer of an entity not being of Government, to which section 2 (1)(d) applies; [definition of “accounting officer” substituted by section 3(a) of Act 11 of 2011 ] “ authorised officer ” means a person appointed as an authorised officer under section 8 ; [definition of “authorised officer” inserted by section 3(d) of Act 11 of 2011 ] “ Authority ” means the Public Procurement and Disposal of Public Assets Authority established in section 5 of this Act; “ award ” means a decision by a Tender Board established under the Local Governments Act, 1997 or Contracts Committee provided for in paragraph (b) of section 24 , or any other subsidiary body of a procuring and disposing entity to which a Contracts C...

Section International obligations Section Where this Act conflicts with an obligation of the Republic of Uganda arising out of an agreement with one or more states, or with an international organization, the provisions of the agreement shall prevail over this Act. Where an agreement referred to in this section contains a preference or preferences in favour of national and resident providers, a procuring and disposing entity shall ensure that the applicable preference or preferences are clearly stated in the bidding documents .

Section Procurement procedures under bi-lateral tied loans Section Where a bilateral loan or negotiated grant contains a condition that the provider shall originate from the country of the donor, procurement of the provider shall be in accordance with this Act. Notwithstanding subsection (1), where there is a conflict between this Act, regulations made under this Act or guidelines issued by the Authority and a condition imposed by the donor of the funds, the conditions of the donor shall prevail with respect to the procurement that uses the funds. [section 4A inserted by section 4 of Act 11 of 2011 ]

Section Establishment of the Board of Directors Section Notwithstanding the provisions of subsection (1), the Board shall be responsible for— There is established a Board of Directors of the Authority , in this Act referred to as the “Board" which shall execute the functions and powers of the Authority specified in sections 7 and 8 of this Act. the formulation of policy of the Authority ; and the approval of the budget of the Authority .

Section Composition of the Board Section The Board shall be composed of— the following non-executive members— The chairperson and the non-executive members to be appointed under subsection (1)(b)(ii) shall— be from among persons nominated by— a non-executive chairperson, appointed by the Minister in consultation with Cabinet; the Secretary to the Treasury or a person nominated by him or her in writing; not less than three and not more than five other members appointed by the Minister in consultation with Cabinet; and the Executive Director of the Authority who shall be an ex officio member and who shall not vote. the organisations specified in Schedule 1A, with each organisation nominating two persons; any other two professional organisations as the Minister may determine, with each organisation nominating two persons; and include one person nominated by the Minister, who shall be a procurement specialist. The chairperson and the non-executive members shall be persons of good standing in society and recognised for their high level of professional competence and integrity. In making the appointments under this section, the Minister shall take into consideration the principle of equa...

Section Conditions of service of the Board members Section The Minister , in consultation with Cabinet, shall determine the terms and conditions of service of the members of the Board save for the Executive Director.

Section Tenure of Board members Section The tenure of the Board members save for the Executive Director shall be four years and they may be reappointed for only one further term.

Section Meetings of the Board Section A member, on receiving the agenda of the meeting of the Board, or on notification of a matter being brought to the attention of the Board shall— The Board shall meet as often as is necessary for the proper discharge of its functions but, in any event, not less than once in two months. In the absence of the Chairperson, the Executive Director shall call the meetings and the members present shall elect, from among their number, an acting Chairperson. The quorum of the Board shall be four members; except that when a member has declared an interest in an agenda item, or in a matter before the Board, the member in question shall not be counted for the purpose of forming a quorum in relation to the item or matter in question. sign a declaration form in the Second Schedule, indicating whether he or she has, or intends to acquire, a direct or indirect personal interest in any agenda item or specific matter requiring the Board’s consideration and decision; and where such an interest exists, not participate in the deliberations or decision-making process of the Board in relation to the agenda item or the matter in question. The decision of the Board shal...

Section Delegation of functions and powers Section The Board may, by instrument of delegation, delegate to the Chairperson, a member of the Board and the Executive Director, any of the functions or powers of the Board, except— the function of instituting— the function of monitoring and reporting on the performance of the public procurement and disposal systems in Uganda and advising on desirable changes; the function of advising competent authorities on the development of training standards, competence levels and certification requirements; the function of preparing, updating and issuing authorised versions of the standardised bidding documents , procedural forms and any other attendant documents to procuring and disposing entities; the function of issuing guidelines ; procurement or disposal audits during the preparatory process; contract audits in the course of the execution of an awarded bid ; and performance audits after the completion of the contract in respect of any procurement or disposal , as may be required; the power to act upon complaints by procuring and disposing entities, providers and any other entity or person in respect of any party to a procurement or disposal ac...

Section Committees of the Board Section The Board may establish— a Complaints Review Committee which shall handle complaints from providers and any other interested parties arising out of the execution of the procurement or disposal function by the procuring and disposing entities; an Advisory Committee which shall review the performance of the Authority , the procuring and disposing entities and the Complaints Review Committee; and any other committee that may be necessary for the better carrying out of the functions of the Authority . The Board shall determine the terms of reference of the committees, their composition and, in consultation with the Minister , their terms and conditions of service.

Section Termination of office of Board members Section The Minister may, at any time, terminate the appointment of a member of the Board other than the Executive Director for— abuse of office; corruption; incompetence; any physical or mental incapacity that renders a person incapable of performing the duties of that office; failure to attend three consecutive scheduled Board meetings without reasonable grounds; conviction of an offence involving moral turpitude; being adjudged bankrupt by a court of law; and any other reasonable ground. Any member of the Board other than the Executive may resign from the Board by giving not less than one month’s prior notice in writing.

Section Appointment and functions of the Executive Director of the Authority Section Subject to the general supervision and direction of the Board, the Executive Director, who shall be the Accounting Officer of the Authority , shall be responsible for the— The Board may terminate the appointment of the Executive Director for— The Board shall appoint an Executive Director on contract for three years, renewable for only one further term, and on terms and conditions to be specified in his or her instrument of appointment. management and operations of the Authority ; management of the funds, property and business of the Authority ; administration, organization and control of the officers and staff of the Authority ; and promoting, training and disciplining of the officers and staff of the Authority in accordance with their terms and conditions of appointment. The Executive Director shall not engage in any business, profession, occupation or paid employment elsewhere. abuse of office; corruption; incompetence; any physical or mental incapacity that renders a person incapable of performing the duties of that office; failure to attend three consecutive board meetings without reasonable gr...

Section Other staff of the Authority Section The Board shall appoint a Secretary to the Board, to perform such functions as shall be determined by the Board on terms and conditions to be specified in his or her instrument of appointment. The Executive Director, on directive by the Board, shall appoint other staff as may be required for the performance of the functions of the Authority on terms and conditions of service determined by the Authority .

Section Financial year Section The financial year of the Authority shall be the same as the financial year of Government. [section 19A inserted by section 11 of Act 11 of 2011 ]

Section Funds of the Authority Section The funds of the Authority shall consist of — money appropriated by Parliament for the purposes of the Authority ; loans or grants received by the Authority for its activities; and revenues collected from services that are rendered by the Authority . The Authority shall open and maintain bank accounts in banks approved by the Board.

Section Management plan and budget Section The Executive Director shall, not later than three months before the end of each financial year, prepare and submit to the Board an Annual Management Plan which shall include a budget for its approval for the next financial year. The Executive Director may, at any time before the end of a financial year, prepare and submit to the Board for approval any estimates supplementary to the budget of the current financial year. No expenditure shall be made out of the funds of the Authority unless that expenditure is part of the expenditure approved by the Board under the estimates for the fiscal year in which the expenditure is to be incurred, or in the supplementary budget for that year.

Section Accounts and audit Section The Authority shall keep proper books of accounts and records of all its transactions. The annual accounts of the Authority and the procurement and disposal activities of the Authority shall be audited by the Auditor General. [subsection (2) substituted by section 12 of Act 11 of 2011 ]

Section Reporting Section The Authority shall, within three months after the end of each financial year, submit to— the Minister an Annual Performance Evaluation Report in respect of that year’s activities consisting of— the Auditor-General— financial statements and the Annual Management Plan; an evaluation of the operations of the Authority and the procuring and disposing entities; and any other information the Board may direct; and the accounts of the Authority for the financial year; and the Annual Performance Evaluation Report referred to in paragraph (a). The Minister shall lay before Parliament the Annual Performance Evaluation Report within two months from the date of his or her receiving the report, or at the next sitting of Parliament, whichever comes first. The Auditor-General shall submit the Audited Report to Parliament within four months from the date of receiving the accounts.

Section Internal audits and periodic audit reports Section In addition to any other functions assigned to him or her by the Board or the Executive Director, the Head of Internal Audit shall be responsible for the internal auditing of the Authority ’s accounts and shall submit to the Executive Director a report in respect of every three months’ period of a financial year. The Executive Director shall submit every report referred to in sub-section (1) to the Board for its consideration at the next meeting of the Board after the Executive Director received the report.

Section Compliance with the Public Finance and Accountability Act, 2003 Section The Authority shall at all times comply with the Public Finance and Accountability Act, 2003. [section 23A inserted by section 13 of Act 11 of 2011 ]

Section Establishment of the Authority Section There is established an autonomous body to be known as the “Public Procurement and Disposal of Public Assets Authority ”, in this Act referred to as the “ Authority ”. The Authority shall be a body corporate with perpetual succession and a common seal, and shall be capable of suing and being sued in its corporate name and, subject to this Act, may borrow money, acquire and dispose of property, and do all other things a body corporate may lawfully do. The application of the seal of the Authority on any document shall be authenticated by the signatures of the Chairperson and the Executive Director, and in the absence of the Chairperson, by any two members of the Board, and the Executive Director. Every document purporting to be an instrument issued by the Authority , sealed with the seal of the Authority and authenticated in accordance with subsection (3), shall be deemed to be an instrument of the Authority and shall be received in evidence without further proof.

Section Objectives the Authority Section The objectives of the Authority are to— ensure the application of fair, competitive, transparent, non-discriminatory and value for money procurement and disposal standards and practices; advise Government, local governments and other procuring and disposing entities on procurement and disposal policies, systems and practices and where necessary, on their harmonisation; [paragraph (b) substituted by section 5 of Act 11 of 2011 ] set standards for the public procurement and disposal systems in Uganda; monitor compliance of procuring and disposing entities; and build procurement and disposal capacity in Uganda.

Section Functions of the Authority Section The functions of the Authority are to— institute— advise Central Government, Local Governments and other procuring and disposing entities on all public procurement and disposal policies, principles and practices; [paragraph (a) amended by section 6(b) of Act 11 of 2011 ] monitor and report on the performance of the public procurement and disposal systems in Uganda and advise on desirable changes; advise competent authorities on standards for procurement education and training, competence levels and certification requirements; [paragraph (c) substituted by section 6(c) of Act 11 of 2011 ] prepare, update and issue authorized versions of the standardized bidding documents , procedural forms and any other attendant documents to procuring and disposing entities; ensure that any deviation from the use of the standardized bidding documents , procedural forms and any other attendant documents is effected only after the prior, written approval of the Authority ; issue guidelines under section 97 of this Act; organize and maintain a system for the publication of data on public procurement and disposal opportunities, awards and any other information...

Section Powers of the Authority Section In the exercise of its regulatory functions, the Authority shall have the power to— For the purpose of conducting procurement and disposal audits, or compliance checks and investigations, the Executive Director may in writing— require any information, documents, records and reports in respect of any aspect of the public procurement and disposal process where a breach, wrongdoing, mismanagement or collusion has been alleged, reported or proven against any procuring and disposing entity or provider; summon witnesses, call for the production of books of accounts, plans, documents, and examine witnesses and parties concerned on oath; commission or undertake investigations and institute procurement or disposal contract and performance audits; cause to be inspected any procurement or disposal transaction to ensure compliance with a bid award by a procuring and disposing entity; act upon complaints by procuring and disposing entities, providers or any other entity or person, in respect of any procurement or disposal activity, following the procedure in section 91 ; [paragraph (e) substituted by section 7(b) of Act 11 of 2011 ] suspend a provider fro...

Section Action on recommendations of the Authority Section Where there is persistent or serious breach of this Act or regulations or guidelines made under this Act, the Authority may— recommend to a competent authority — Where the competent authority rejects the Authority ’s recommendations under subsection (1)(b), the Authority shall— The Authority shall, in its Annual Performance Evaluation Report include— the response of the— direct the concerned procuring and disposing entity to take such corrective action as may be necessary in the circumstances, to rectify the breach; or to suspend the officer responsible for the breach; to replace the head of the procurement and disposal unit or the Chairperson of the Contracts Committee , as the case may be; to discipline the accounting officer ; to transfer temporarily, the procuring and disposing function of a procuring and disposing entity to a third party procurement agency A competent authority shall respond in writing to the Authority ’s recommendations under subsection (1)(b) within a period prescribed by regulations made under this Act. [subsection (2) amended by section 8(b) of Act 11 of 2011 ] communicate its recommendations and a...

Section Composition of procuring and disposing entities Section For the purpose of this Act, a procuring and disposing entity shall be composed of— an Accounting Officer defined in section 3 ; contracts committees; [paragraph (b) substituted by section 4 of Act 2 of 2006 ] a Procurement and Disposal Unit ; a User Department as defined in section 3 ; and an Evaluation Committee.

Section Powers of a procuring and disposing entity Section A procuring and disposing entity shall be responsible for the management of all procurement and disposal activities within its jurisdiction in accordance with this Act, regulations and guidelines made under this Act. Notwithstanding subsection (1), the Secretary to the Treasury shall, for each financial year, appoint an agent to carry out the procurement and disposal activities of the Authority , except the micro procurement activities as described in section 86 and the Fourth Schedule to this Act, which shall be carried out by the Authority. [subsection (2) substituted by section 14 of Act 11 of 2011 ]

Section Accounting Officer Section The Accounting Officer of a procuring and disposing entity shall have overall responsibility for the execution of the procurement and disposal process in the procuring and disposing entity, and in particular, shall be responsible for— Where the accounting officer signs a contract for a procurement to be made for the purposes of an emergency situation under subsection (2), the accounting officer shall— establishing a Contracts Committee in accordance with this Act; appointing the members of a Contracts Committee specified in the Third Schedule; causing to be established a Procurement and Disposal Unit staffed at an appropriate level; advertising bid opportunities; communicating award decisions; certifying the availability of funds to support the procurement or disposal activities; signing contracts for procurement or disposal activities on behalf of the procuring and disposing entity; investigating complaints by providers; submitting a copy of any complaints and reports of the findings to the Authority; and ensuring that the implementation of the awarded contract is in accordance with the terms and conditions of the award. Notwithstanding subsectio...

Section Composition of a Contracts Committee Section The following officers of a procuring and disposal entity are not eligible for nomination to the Contracts Committee of that procuring and disposal entity— Subject to sub-section (2), a Contracts Committee shall be composed of the members specified in the Third Schedule. The Members of the Contracts Committee shall be nominated by the Accounting Officer and approved by the Secretary to the Treasury. the head of the procurement and disposal unit; the head of the finance department, but not the head of the accounts department, where the positions are held by different officers; and the staff of the department of internal audit. Where the Accounting Officer nominates Members of the Contracts Committee , but before the nomination is approved by the Secretary to the Treasury in accordance with subsection (2), there is an emergency situation in respect of which a procurement activity has to be performed, the Accounting Officer shall perform the role of the Contracts Committee . [subsection (2b) inserted by section 16(a) of Act 11 of 2011 ] Where an Accounting Officer performs the role of the Contracts Committee following subsection (2b...

Section Functions of a Contracts Committee Section A Contracts Committee shall be responsible for— the following activities, for the purposes of disposal of the public assets of a procuring and disposing entity — adjudication of recommendations from the Procurement and Disposal Unit and award of contracts; approving the Evaluation Committee; approving negotiation teams; [paragraph (ba) inserted by section 17(b) of Act 11 of 2011 ] ensuring that before it is approved, a procurement is in accordance with the procurement plan; [paragraph (bb) inserted by section 17(b) of Act 11 of 2011 ] approving bidding and contract documents; assessing and verifying the public assets identified by a user department or by the Board of Survey for disposal ; causing the assets identified under subparagraph (i) to be valued in accordance with regulations made under this Act; and approving the reserve price for the public assets to be disposed of; approving procurement and disposal procedures; ensuring that best practices in relation to procurement and disposal are strictly adhered to by procuring and disposing entities; ensuring compliance with this Act; and liaising directly with the Authority on matt...

Section Powers of a Contracts Committee Section A Contracts Committee shall— authorize— the choice of a procurement and disposal procedure; solicitation documents before issue; technical, financial or combined evaluation reports; contract documentation in line with the authorised Evaluation Report; and any amendment to an awarded contract ; recommend for the delegation of a procurement or disposal function by the Accounting Officer whenever the necessity arises; and award contracts in accordance with applicable procurement or disposal procedures as the case may be.

Section Composition of a Procurement and Disposal Unit Section A procuring and disposing entity shall cause to be established a Procurement and Disposal Unit staffed at an appropriate level.

Section Functions of a Procurement and Disposal Unit Section A Procurement and Disposal Unit shall— manage all procurement or disposal activities of the procuring and disposing entity except adjudication and the award of contracts; support the functioning of the Contracts Committee ; implement the decisions of the Contracts Committee ; liaise directly with the Authority on matters within its jurisdiction; act as a secretariat to the Contracts Committee ; plan the procurement and disposal activities of the procuring and disposing entity ; recommend procurement and disposal procedures; check and prepare statements of requirements; prepare bid documents; prepare advertisements of bid opportunities; issue bidding documents ; maintain a providers list; prepare contract documents; issue approved contract documents; maintain and archive records of the procurement and disposal process ; prepare monthly reports for the Contracts Committee ; co-ordinate the procurement and disposal activities of all the departments of the procuring and disposing entity ; prepare any other such reports as may be required from time to time.

Section Powers of a Procurement and Disposal Unit Section A Procurement and Disposal Unit shall have the powers to— recommend the composition of the evaluation and negotiation committees, for the approval of the Contracts Committee ; [paragraph (a) substituted by section 18 of Act 11 of 2011 ] contract independent advice as may be necessary in the discharge of its functions; ensure compliance with this Act, regulations and guidelines made under this Act, and best practices ; manage bid proposals and pre-qualification submissions and make recommendations on them to the Contracts Committee ; provide bid clarifications; and receive bids.

Section Disagreement between a Contracts Committee and a Procurement and Disposal Unit Section Where a Contracts Committee disagrees with the recommendations of a Procurement and Disposal Unit , it may— return the submission to the Procurement and Disposal Unit for review giving written reasons for its disagreement; or request for independent advice from the Authority . Where a Procurement and Disposal Unit disagrees with the views of the Contracts Committee on its recommendations under subsection (1), it may request for independent advise from the Authority . A party seeking for advise from the Authority under subsections (1) and (2) shall state in writing the reasons for its disagreement.

Section Functions of the User Department Section The User Department of a Procuring and Disposing Entity shall perform the following functions— liaise with and assist the Procurement and Disposal Unit throughout the procurement or disposal process to the point of contract placement; initiate procurement and disposal requirements and forward them to the Procurement and Disposal Unit ; propose technical inputs to statements of requirements for procurement requirements to the Procurement and Disposal Unit ; propose technical specifications to the Procurement and Disposal Unit when necessary; input with technical evaluation of Bids received as required by the Procurement and Disposal Unit ; arrange for payments to providers; report any departure from the terms and conditions of an awarded contract to the Procurement and Disposal Unit ; forward details of any required contract amendments to the Procurement and Disposal Unit for action; maintain and archive records of contracts management; and prepare any reports required for submission to the Procurement and Disposal Unit , the Committee or the Accounting Officer. The User Department shall prepare a procurement plan based on the approve...

Section Powers of the User Department Section In the exercise of its functions a User Department shall— initiate procurement and disposal requirements; recommend Statements of Requirements to the Procurement and Disposal Unit ; undertake conformity assessments; issue change orders in accordance with the terms and conditions of the contract ; and certify invoices for payments to providers.

Section Disagreement between a Procurement and Disposal Unit and a User Department Section Where a Procurement and Disposal Unit disagrees with a User Department concerning any decision pertaining to the application or interpretation of any procurement method, process or practice, the two parties may jointly consult with any two members of the Contracts Committee for a review and guidance in resolving the disagreement. Where such review fails to resolve the disagreement, either party may forward the cause of the disagreement as a submission to the Contracts Committee for a formal decision by the Contracts Committee .

Section Evaluation Committee Section All evaluations shall be conducted by an Evaluation Committee, which shall report to the Procurement and Disposal Unit . The membership of the Evaluation Committee shall be recommended by Procurement and Disposal Unit , in accordance with Regulations made under this Act, and approved by the Contracts Committee . The number of the members of the Evaluation Committee shall depend on the value and complexity of the procurement requirement, but shall in all cases be a minimum of three members. The members shall be of an appropriate level of seniority and experience, depending on the value and complexity of the procurement requirement. Members of the Evaluation Committee may be external to the Procuring and Disposing Entity, where the required skills or experience are not available within the Procuring and Disposing Entity or where members are indisposed or have a conflict of interest. All members of the Evaluation Committee shall sign the Code of Ethics provided under the regulation made under this Act, declaring that they do not have a conflict of interest in the procurement requirement. The meetings of the Evaluation Committee, the conduct of the...

Section Independence of functions and powers Section Subject to the provisions of this Act, the Accounting Officer, the Contracts Committee , the Procurement and Disposal Unit , the User Department and the Evaluation Committee shall act independently in relation to their respective functions and powers.

Section Delegation of powers by the accounting officer Section An accounting officer may— delegate certain procurement and disposal functions of the accounting officer , contracts committee or procurement and disposal unit to— contract out certain procurement and disposal functions of the contracts committee, procurement and disposal unit or user department to— a sub-division of the procuring and disposing entity ; or a member of staff of the procuring and disposing entity ; and any other procuring and disposing entity ; or a third party procurement or disposal provider ,

Section Accreditation for alternative systems Section The Authority shall permit accreditation of an alternative system— The Authority shall accredit an alternative system where a procuring and disposing entity — Without prejudice to the general effect of subsection (7), the regulations made under this section shall— A procuring and disposing entity which is not able to comply with a particular procurement or disposal procedure required under this Act, may apply to the Authority for accreditation of an alternative system. where exceptional requirements make it impossible, impractical or uneconomical to comply with this Act; where market conditions or behaviour do not allow effective application of this Act; and for specialised or particular requirements that are regulated or governed by harmonised international standards or practices. Notwithstanding subsection (2), the Authority may, on its own initiative, accredit an alternative system for a procuring and disposing entity which is not able to comply with a procurement or disposal procedure required under this Act. operates in a specialised field or discipline which requires alternative or additional regulations; has a status that...

Section Third party procurement and disposal Section On deciding to invite third party procurement services , a procuring and disposing entity shall— Where it is deemed that there is lack of technical capacity, and subject to guidelines and prior approval of the Authority , a procuring and disposing entity may engage third party procurement and disposal services . secure prior written assurance of the Accounting Officer that funds are available to pay in full and on time for those services ; obtain those services from among firms prequalified by the Authority ; and follow the procedure laid down by the Authority in its guidelines .

Section Records of a procuring and disposing entity Section The records to be maintained by a procuring and disposing entity under subsection (1) shall include a summary report of the procurement procedure used in respect of each contract , which shall indicate— A procuring and disposing entity shall maintain records on its procurement and disposal proceedings for a period of seven years from the date of a decision to terminate the procurement or disposal action, or the date of the contract completion whichever comes later, except where a contract is on going or is challenged, in which case, the records shall be kept for an additional year after the completion of the contract or the settlement of the dispute, whichever comes earlier. a description of the objectives of the respective procurement ; a list of the participating bidders; the bid prices; the bid evaluation criteria; a summary of the evaluation and comparison of bids, including the grounds for rejecting any of the bids; where applicable, a summary of the proceedings of the administrative reviews including the decisions taken; a statement of the grounds for cancellation of procurement proceedings ; and any other informatio...

Section Defence and National Security Organs Section For the avoidance of doubt, the Defence and National Security organs shall comply with this Act subject to subsections (2) and (3). The Defence and National Security Organs shall manage their procurement and disposal on the basis of a dual list, covering items subject to open and restricted procurement or disposal methods respectively. The Defence and National Security Organs shall agree annually with the Authority on the category of restricted items to be included on the restricted list and on which restricted procurement or disposal methods, set out in Part VI, shall apply to each category of item on the restricted list. The restricted list of items shall be subjected to classified audit and laid before Parliament in the Annual Performance Evaluation Report. The Defence and National Security Organs shall appoint Contracts Committees to handle the procurement and disposal of their classified items. [subsection (5) added by section 23 of Act 11 of 2011 ] The members of the Contracts Committees of the Defence and National Security Organs shall be nominated by the respective accounting officers and approved by the Secretary to the...

Section Application of basic principles of public procurement and disposal Section All public procurement and disposal shall be conducted in accordance with the following principles— non-discrimination; transparency, accountability and fairness; maximization of competition and ensuring value for money; confidentiality; economy and efficiency; and promotion of ethics.

Section Non-discrimination Section A bidder shall not be excluded from participating in public procurement and disposal on the basis of nationality, race, religion, gender or any other criterion not related to qualification, except to the extent provided for in this Act.

Section Transparency, accountability and fairness Section All procurement and disposal shall be conducted in a manner which promotes transparency, accountability and fairness.