Public Procurement and Disposal of Public Assets Act, 2003
The Act may be cited as the Public Procurement And Disposal of Public Assets Act, 2003.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Uganda
- Instrument
- Act or statute
- Citation
- Act 1 of 2003
- Version
- 1 Oct 2015
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Uganda Legal Information Institute
Statute overview
About this statute
The Act may be cited as the Public Procurement And Disposal of Public Assets Act, 2003. This section states the Act applies to public procurement and disposal activities and lists specific applications and explicit exclusions. This section provides interpretation and definitions used in the Act, listing defined terms such as “accounting officer”, “Authority”, “bidder” and many others. If a bilateral loan or negotiated grant requires that the provider originate from the donor country, procurement of that provider must follow this Act; but if there is a conflict between this Act (or its regulations/guidelines) and a donor-imposed condition, the donor's condition prevails for procurement using the donor funds. If an agreement creates a conflict with this Act, the agreement prevails; and a procuring and disposing entity must state any preference(s) in the bidding documents.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Public Procurement and Disposal of Public Assets Act, 2003
Showing 121 of 121
Part I
Preliminary
- 1 Verify source ↗
Preliminary - Short title and commencement
AI-assisted research summary: The Act may be cited as the 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. - 2 Verify source ↗
Preliminary - Application of the Act
AI-assisted research summary: This section states the Act applies to public procurement and disposal activities and lists specific applications and explicit exclusions.
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 procurement system of the entity is satisfactory; [paragraph (d) added by section 2(b) of Act 11 of 2011 ] procurement and disposal by a company registered under the Companies Act, in which a procuring and disposing entity has majority interest. [paragraph (e) added by section 2(b) of Act 11 of 2011 ] the acquisition of an asset or of equipment, where the asset or equipment is being disposed of by another procuring and disposing entity in accordance with section 87 ; the acquisition of a service provided by another procuring and disposing entity , except a service normally offered by that procuring and disposing entity for a fee; and the recruitment of the services of an individual as an employee of a procuring and disposing entity in accordance with the administrative policies of the procuring and disposing entity . Subject to subsection (1c), this Act shall not apply to the Auditor General in the selection of private audit firms to undertake any assignment under the mandate of the Auditor General. [subsection (1b) inserted by section 2(c) of Act 11 of 2011 ] The Auditor General shall in exercise of his or her mandate in subsection (1b) apply the principles of transparency and competition in order to ensure value for money. [subsection (1c) inserted by section 2(c) of Act 11 of 2011 ] Any dispute arising from the application of this Act shall be referred to the Authority for its decision following procedures to be prescribed by regulations made under this Act. - 3 Verify source ↗
Preliminary - Interpretation
AI-assisted research summary: This section provides interpretation and definitions used in the Act, listing defined terms such as “accounting officer”, “Authority”, “bidder” and many others.
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 Committee or a Tender Board may delegate powers of adjudication and award within a specified financial threshold, to determine the successful bidder; “ best practices ” means the industry standards defined in this Act; “ bid ” means an offer to provide or to acquire works , services or supplies or any combination thereof, and shall include pre-qualification where applicable; “ bidder ” means a physical or artificial person intending to participate or participating in public procurement or disposal proceedings ; “ bidding documents ” means solicitation documents ; “ Bid Notice ” means any advertisement by which eligible providers are invited to submit written offers to provide or acquire works , services and supplies , or any combination of them in case of procurement and disposal respectively; “ competent authority ” means a Government office which has the mandate to perform a specified function; [definition of “competent authority” inserted by section 3(d) of Act 11 of 2011 ] “ consultancy service ” means a service of an intellectual or advisory nature, provided by a practitioner who is skilled and qualified in a particular field or profession; and includes, but is not limited to, engineering design or supervision, accountancy, auditing, financial services , procurement services , training and capacity building services , management advice, policy studies and advice and assistance with institutional reform; [definition of “consultancy service” inserted by section 3(d) of Act 11 of 2011 ] “ consultant ” means an individual who, or a firm, company, corporation, organisation or partnership which provides consultancy services to a procuring and disposing entity ; [definition of “consultant” inserted by section 3(d) of Act 11 of 2011 ] “ contract ” means an agreement between a procuring and disposing entity and a provider , resulting from the application of the appropriate and approved procurement or disposal procedures and proceedings as the case may be, concluded in pursuance of a bid award decision of a Contracts Committee or any other appropriate authority; “ Contracts Committee ” is the committee provided for under Part III of this Act; “ Contractor ” means a provider as defined in this Act; “ corrupt practice ” includes the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement or disposal process or in contract execution; “ currency point ” has the meaning assigned to it in the First Schedule; “ Defence and National Security organs ” means Uganda Peoples’ Defence Forces, Uganda Police Force, Uganda Prisons Service, Intelligence Services and National Security Council; “ disposal ” means the divestiture of public assets, including intellectual and proprietary rights and goodwill, and any other rights of a procuring and disposing entity by any means, including sale, rental, lease, franchise, auction, or any combination however classified other than those regulated by the Public Enterprise Reform and Divestiture Statute, 1993; “ disposal process ” means the successive stages in the disposal cycle, including planning, choice of procedure, measures to solicit offers from bidders, examination and evaluation of those offers and award of contract ; “ emergency ” means circumstances which are urgent , unforeseeable and not caused by dilatory conduct; “ emergency situation ” means a circumstance which is urgent or unforeseeable or a situation which is not caused by dilatory conduct where— (a) Uganda is seriously threatened by or actually confronted with a disaster, catastrophe, war or an act of God; (b) life or the quality of life or environment may be seriously compromised; (c) the conditions or quality of goods, equipment, buildings or publicly owned capital goods may seriously deteriorate unless action is urgently and necessarily taken to maintain them in their actual value or usefulness; (d) an investment project is seriously delayed for want of minor items; or (e) a Government programme would be delayed or seriously compromised unless a procurement is undertaken within the required time frame; [definition of “emergency situation” inserted by section 3(d) of Act 11 of 2011 ] “ foreign provider ” means a provider whose business is not registered in Uganda: “ fraudulent practice ” includes a misrepresentation of facts in order to influence a procurement or disposal process or the execution of a contract to the detriment of the procuring or disposing entity, and includes collusive practices among bidders prior to or after bid submission designed to establish bid prices at artificial non-competitive levels and to deprive the procuring and disposing entity of the benefits of free and open competition; “ guidelines ” means directives issued by the Authority under section 97 of this Act; “ industry standards ” means those standards defined and codified by internationally recognized providers’ associations and professional bodies in the respective fields and includes best practices ; “ information ” means written, visual, aural and electronic information; [definition of “information” inserted by section 3(d) of Act 11 of 2011 ] “ listed provider ” means a provider registered by the Authority in accordance with this Act; “ Minister ” means the Minister responsible for Finance; “ national provider ” means a provider registered in Uganda and wholly owned and controlled by Ugandans; “ non-consultancy service ” means a service of a skilled or a non-skilled nature, which is not a consultancy service ; and includes, cleaning, security and maintenance and repair services ; [definition of “non-consultancy service” inserted by section 3(d) of Act 11 of 2011 ] “ pre-qualification ” means a screening process designed to ensure that invitations to bid are confined to capable providers; “ procurement ” means acquisition by purchase, rental, lease, hire purchase, licence, tenancy, franchise, or any other contractual means, of any type of works , services or supplies or any combination; “ procurement and disposal notice board ” means the notice board of a procuring and disposing entity , which is used to display notices required to be displayed under this Act and regulations made under this Act and to display any other information relating to the procurement and disposal activities of the procuring and disposing entity ; [definition of “procurement and disposal notice board” inserted by section 3(d) of Act 11 of 2011 ] “ Procurement and Disposal Unit " means a division in each procuring and disposing entity responsible for the execution of the procurement and disposal function; “ procurement process ” means the successive stages in the procurement cycle including planning, choice of procedure, measures to solicit offers from bidders, examination and evaluation of those offers, award of contract , and contract management; “ procurement specialist ” means a person who is engaged in a profession, occupation or calling in which recourse to procurement is directly or indirectly involved and has such knowledge and experience of the practice of procurement or who is certified or registered by a procurement professional body; [definition of “procurement specialist” inserted by section 3(d) of Act 11 of 2011 ] “ procuring and disposing entity ” means— (a) a Ministry or department of Government; (b) a district council or a municipal council; (c) a body corporate established under an Act of Parliament other than the Companies Act; (d) a company registered under the Companies Act in which Government or a procurement and disposing entity— (i) controls the composition of the board of directors of the company; (ii) is entitled to cast, or controls the casting of more than fifty percent of the maximum number of votes that may be cast at a general meeting of the company; or (iii) controls more than fifty percent of the issued share capital of the company, excluding any part of the issued share capital that does not carry a right to participate beyond a specified amount in the distribution of profits or capital; and (e) an entity not being of Government, to which section 2 (1) (d) applies; and includes— (f) a commission established under the Constitution or under an Act of Parliament; (g) a public university and a public tertiary institution established under the Universities and other Tertiary Institutions Act, 2001; (h) Bank of Uganda except in exercise of the functions specified in section 4 of the Bank of Uganda Act; and (i) any other procuring and disposing entity as may be prescribed by the Minister ; [definition of “procuring and disposing entity” substituted by section 3(b) of Act 11 of 2011 ] “ provider ” means a natural person or an incorporated body including a consultant , contractor or supplier licensed by a competent authority to undertake business activities; “ public asset ” means any property, tangible or intangible, owned by Government or by a procuring and disposing entity , including physical property, shares, proprietary rights and land, except land held by the Uganda Land Commission or a district land board or land which is compulsorily acquired by Government in accordance with the law; [definition of “public asset” inserted by section 3(d) of Act 11 of 2011 ] “ public funds ” means monetary resources appropriated to procuring and disposing entities through budgetary processes, including the Consolidated Fund, grants and credits put at the disposal of the procuring and disposing entities by foreign donors; and revenues generated by the procuring and disposing entities; “ resident provider ” means a provider registered in Uganda who is not a national provider ; “ services ” means any object of procurement or disposal other than works and supplies , and includes professional, non professional and commercial types of services as well as supplies and works which are incidental to, but not exceeding the value of those services; “ specifications ” means the description of an object of procurement or disposal in accordance with national and international standards adopted and approved by the Authority , after consultation with the National Bureau of Standards, or other appropriate trade associations and professions, the use of which shall be mandatory in all bidding documents ; “ solicitation documents ” means bidding documents or any other documents inviting bidders to participate in procurement or disposal proceedings ; and includes documents inviting potential bidders to pre-qualify, and standard bidding documents ; “ supplies ” means goods, raw materials, products, equipment, livestock, assets, land or objects of any kind and description in solid, liquid or gaseous form, or in the form of electricity, or intellectual and proprietary rights as well as works or services incidental to the provision of those supplies where the value of the works or services does not exceed the value of the supplies; [definition of “supplies” amended by section 3(c) of Act 11 of 2011 ] “ tender ” means “ bid ”; “ urgent ” does not include circumstances that— (a) should have been foreseen by the procuring and disposing entity ; (b) are a result of inadequate planning; or (c) are a result of delays by or within the procuring and disposing entity ; [definition of “urgent” inserted by section 3(d) of Act 11 of 2011 ] “ User Department ” means any department, division, branch or section of the procuring and disposing entity , including any project unit working under the authority of the procuring and disposing entity , which initiates procurement and disposal requirements and is the user of the requirements; and “ works ” means any work associated with the construction, reconstruction, demolition, repair, or renovation of a building or structure, on the surface or underground, on and underwater, and includes the preparation, excavation, erection, assembly, installation, testing and commissioning of any plant, equipment or materials, decoration and finishing, turnkey projects, build own and operate projects, build operate and transfer projects or any arrangement of this nature, or any other form of private and public partnerships or joint development activities, all or any of which may include management, maintenance, testing, commissioning and training; as well as supplies or services incidental to those works where the value of the incidental supplies or services does not exceed the value of the works. - 4 Verify source ↗
Preliminary - International obligations
AI-assisted research summary: If an agreement creates a conflict with this Act, the agreement prevails; and a procuring and disposing entity must state any preference(s) in the bidding documents.
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 . - 4 Verify source ↗
Preliminary - Procurement procedures under bi-lateral tied loans
AI-assisted research summary: If a bilateral loan or negotiated grant requires that the provider originate from the donor country, procurement of that provider must follow this Act; but if there is a conflict between this Act (or its regulations/guidelines) and a donor-imposed condition, the donor's condition prevails for procurement using the donor funds.
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 ]
Part II
The Public Procurement and Disposal of Public Assets Authority
- 10 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Establishment of the Board of Directors
AI-assisted research summary: Establishes a Board of Directors (the "Board") which must execute the Authority's functions and powers in sections 7 and 8 and is responsible for formulating policy and approving the Authority's budget.
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 . - 11 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Composition of the Board
AI-assisted research summary: Section 11 composes the Board and sets membership qualifications: the chairperson and non‑executive members must be persons of good standing and professionally competent; the Executive Director is an ex officio member and must not vote; certain members are to be nominated by specified organisations, professional bodies or the Minister.
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 equal opportunities. [section 11 substituted by section 9 of Act 11 of 2011 ] - 12 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Conditions of service of the Board members
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. - 13 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Tenure of Board members
AI-assisted research summary: Board members (except the Executive Director) have a tenure of four years and may be reappointed for only one further term.
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. - 14 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Meetings of the Board
AI-assisted research summary: The Board must meet as often as necessary but at least once every two months; in the Chairperson's absence the Executive Director calls meetings and members present elect an acting Chairperson; quorum is four members with interested members excluded; members must declare interests on a prescribed form and not participate in related decisions; Board decisions are by majority with the Chairperson having a casting vote; proceedings are confirmed at the next meeting.
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 shall be by a majority of votes, and where there is an equality of votes, the Chairperson shall have a casting vote. The proceedings of each meeting of the Board shall be confirmed at the next meeting of the Board. Subject to this Act and regulations made under this Act, the Board shall regulate its procedure in the conduct of its business. - 15 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Committees of the Board
AI-assisted research summary: The Board may establish specified committees; the Board must determine their terms of reference, composition and, in consultation with the Minister, their terms and conditions of service.
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. - 15 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Delegation of functions and powers
AI-assisted research summary: The Board may delegate its functions or powers by instrument to the Chairperson, a board member or the Executive Director, except for a long list of specified functions and powers; delegates must follow the instrument's terms and any Board directives; an aggrieved person may appeal to the Board.
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 activity; and the power to suspend a provider from engaging in a public procurement or disposal process . The terms and conditions of delegation of functions and powers under this section shall be in the instrument of delegation. A person who exercises a delegated function or powers shall comply with the terms and conditions of delegation and with any directives or guidelines the Board may in writing communicate. A person aggrieved by a decision made under this section may appeal to the Board. [section 15A inserted by section 10 of Act 11 of 2011 ] - 16 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Termination of office of Board members
AI-assisted research summary: The Minister may terminate a Board member's appointment (except the Executive Director) for listed grounds such as abuse of office, corruption, incapacity, absenteeism, conviction for moral turpitude, bankruptcy, or other reasonable grounds.
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. - 17 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Appointment and functions of the Executive Director of the Authority
AI-assisted research summary: The Board appoints an Executive Director on a three‑year contract (renewable once); the Executive Director is the Accounting Officer and is responsible for the Authority's management, funds, staff and operations, must not hold other paid employment, and the Board may terminate the Executive Director for listed grounds.
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 grounds; conviction of an offence involving moral turpitude; being adjudged bankrupt by a court of law; or any other reasonable ground. - 18 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Other staff of the Authority
AI-assisted research summary: The Board must appoint a Secretary to the Board; the Executive Director, on the Board's directive, must appoint other staff required for the Authority's functions.
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 . - 19 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Funds of the Authority
AI-assisted research summary: The funds of the Authority consist of money appropriated by Parliament, loans or grants received by the Authority, and revenues from services rendered by the Authority; the Authority must open and maintain bank accounts in banks approved by the Board.
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. - 19 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Financial year
AI-assisted research summary: The Authority's financial year is the same as the Government's financial year.
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 ] - 20 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Management plan and budget
AI-assisted research summary: The Executive Director must prepare and submit to the Board an Annual Management Plan with a budget not later than three months before the end of each financial year; the Executive Director may also submit supplementary budget estimates at any time before the end of a financial year.
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. - 21 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Accounts and audit
AI-assisted research summary: The Authority must keep proper books of accounts and records, and the Auditor General must audit the Authority's annual accounts and its procurement and disposal activities.
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 ] - 22 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Reporting
AI-assisted research summary: The Authority must submit an Annual Performance Evaluation Report and related accounts and documents within three months after each financial year; the Minister must lay that Report before Parliament within two months of receiving it or at the next sitting; and the Auditor-General must submit the Audited Report to Parliament within four months of receiving the accounts.
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. - 23 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Internal audits and periodic audit reports
AI-assisted research summary: The Head of Internal Audit must audit the Authority’s accounts and submit quarterly reports to the Executive Director; the Executive Director must send those reports to the Board at its next meeting after receipt.
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. - 23 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Compliance with the Public Finance and Accountability Act, 2003
AI-assisted research summary: The Authority must at all times comply with the Public Finance and Accountability Act, 2003.
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 ] - 5 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Establishment of the Authority
AI-assisted research summary: Establishes the Public Procurement and Disposal of Public Assets Authority as a corporate body with powers to sue and be sued, to borrow money, acquire and dispose of property, and requires authenticated sealing of documents.
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. - 6 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Objectives the Authority
AI-assisted research summary: The Authority's objectives include ensuring fair, competitive, transparent, non-discriminatory and value-for-money procurement and disposal practices; advising government and other procuring/disposing entities; setting standards for public procurement and disposal in Uganda; monitoring compliance; and building procurement and disposal capacity in Uganda.
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. - 7 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Functions of the Authority
AI-assisted research summary: The Authority must perform a set of functions including advising government and procuring entities, monitoring and reporting procurement performance, preparing standardized bidding documents, issuing guidelines, publishing procurement data, maintaining supplier registers, conducting audits and inspections, adopting mandatory standards, developing system-wide databases and capacity-building strategies, determining common prices when applicable, establishing institutional linkages, undertaking research, enforcing compliance, and may contract third parties to carry out audits.
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 of public interest as may be determined by the Authority ; maintain a register of providers of works , services and supplies ; conduct periodic inspections of the records and proceedings of the procuring and disposing entities to ensure full and correct application of this Act: procurement or disposal audits during the bid preparatory process; contract audits in the course of the execution of an awarded bid ; and performance audit after the completion of the contract in respect of any procurement or disposal , as may be required; adopt, adapt and update common specifications standards, the use of which shall be mandatory for all procuring and disposing entities; determine, develop, introduce, maintain and update related system-wide data-bases and technology; develop a procurement and disposal capacity building strategy for institutional and human resource development; [paragraph (m) substituted by section 6(d) of Act 11 of 2011 ] where applicable, determine the prices of works , services and supplies which are used in common by two or more procuring and disposing entities and which may be subject to common procurement ; and review the prices from time to time; [paragraph (n) substituted by section 6(e) of Act 11 of 2011 ] establish and maintain institutional linkages with entities with professional and related interest in public procurement and disposal ; undertake procurement and disposal research and surveys nationally and internationally; undertake any activity that may be necessary for the execution of its functions; and administer and enforce compliance with all the provisions of this Act, regulations and guidelines issued under this Act. The Authority may contract a third party to carry out procurement audits, investigations and inspections. [subsection (2) added by section 6(f) of Act 11 of 2011 ] [section 7 amended by section 6(a) of Act 11 of 2011 ] - 8 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Powers of the Authority
AI-assisted research summary: Section grants the Authority general regulatory powers and authorises the Executive Director to, in writing, require information, summon and examine witnesses, undertake investigations and audits, inspect transactions, act on complaints, suspend providers (per section 94), and authorise or appoint officers; a magistrate may, on application by the Authority, issue a warrant to allow Police entry where entry is refused.
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 from engaging in any public procurement or disposal process, in accordance with section 94 . [paragraph (f) added by section 7(c) of Act 11 of 2011 ] authorise an officer of the Authority; or appoint any person to be an authorised officer, Where an officer of the Authority or an authorised officer is refused entry or is prevented from entering premises, contrary to subsection (2), a magistrate may, on application by the Authority, issue a warrant authorising the Police to enter the premises, using such force as may be reasonably necessary and to conduct the search and obtain the required information. [subsection (3) added by section 7(d) of Act 11 of 2011 ] [section 8 amended by section 7(a) of Act 11 of 2011] - 9 Verify source ↗
The Public Procurement and Disposal of Public Assets Authority - Action on recommendations of the Authority
AI-assisted research summary: The Authority may recommend action to competent authorities and may communicate recommendations to enforcement agencies; it must include specified matters in its Annual Performance Evaluation Report; competent authorities must respond in writing within periods set by regulations and state actions taken or reasons for no action.
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 all related supporting documentation to the relevant law enforcement and oversight agencies for their action; and request for any other appropriate action within the power of the competent authority . The competent authority shall respond in writing to the Authority ’s recommendations within a period to be specified in regulations made under this Act, on the precise action taken on the Authority ’s recommendation, or give an explanation if no action is deemed necessary. its audited findings and complaints investigated; its recommended corrective measures in each case; respective competent authority ; relevant law enforcement and oversight agencies. any remedial measures taken.
Part III
Procuring and disposing entities
- 24 Verify source ↗
Procuring and disposing entities - Composition of procuring and disposing entities
AI-assisted research summary: A procuring and disposing entity must be composed of an Accounting Officer, contracts committees, a Procurement and Disposal Unit, a User Department, and an Evaluation Committee.
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. - 25 Verify source ↗
Procuring and disposing entities - Powers of a procuring and disposing entity
AI-assisted research summary: A procuring and disposing entity must manage all procurement and disposal activities in its jurisdiction in line with the Act; the Secretary to the Treasury must each financial year appoint an agent to carry out the Authority's procurement and disposal activities except for micro procurement tasks which the Authority retains.
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 ] - 26 Verify source ↗
Procuring and disposing entities - Accounting Officer
AI-assisted research summary: Accounting officers of procuring and disposing entities are responsible for managing procurement and disposal processes and must perform listed functions (establish committees, appoint members, establish PDU, advertise bids, certify funds, sign contracts, investigate complaints, report), must inform the Contracts Committee within seven working days and report to the Authority within ten working days after signing, must assess market prices before procurement, and must not sign contracts before Contracts Committee approval except in emergencies or where the bid price exceeds the established market price (subject to section 74).
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 subsection (1)(g), an accounting officer shall not sign a contract before a procurement is approved by the Contracts Committee except where due to an emergency situation, the Contracts Committee cannot meet to approve the procurement. [subsection (2) added by section 15(b) of Act 11 of 2011 ] inform the Contracts Committee of the contract within seven working days of signing the contract; and within ten working days after signing the contract, submit in respect of the contract, a report to the Authority. Prior to the commencement of a procurement process, an accounting officer shall undertake an assessment of the market price of the supplies, services or of the unit costs of the works in respect of which the procurement is to be made by a procuring and disposing entity. [subsection (4) added by section 15(b) of Act 11 of 2011 ] Subject to section 74 , an accounting officer shall not sign a contract, where the price quoted by the bidder who is evaluated by a Contracts Committee as the best evaluated bidder is higher than the market price established by the accounting officer in accordance with subsection (4). [subsection (5) added by section 15(b) of Act 11 of 2011 ] [section 26 amended by section 15(a) of Act 11 of 2011 ] - 27 Verify source ↗
Procuring and disposing entities - Composition of a Contracts Committee
AI-assisted research summary: The provision sets out who may and may not be nominated to a Contracts Committee, requires nomination by the Accounting Officer and approval by the Secretary to the Treasury, allows the Accounting Officer to act in emergencies, requires reporting and notification to the Authority within 14 days, permits co-opting advisers, and authorises the Secretary to exempt entities from a tenure requirement when satisfied it is impracticable.
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), the Accounting Officer shall submit a report of the procurement activity carried out, to the Authority and give a copy to the Secretary to the Treasury. [subsection (2c) inserted by section 16(a) of Act 11 of 2011 ] The head of the procurement and disposal unit shall attend the meetings of the Contracts Committee to offer clarification on any submissions to be considered by the Contracts Committee . [subsection (2d) inserted by section 16(a) of Act 11 of 2011 ] A Contracts Committee may co-opt advisers to assist it in the discharge of its functions. The Accounting Officer shall inform the Authority of the composition of the Contracts Committee and the qualifications of its members not later than fourteen days from the date of its appointment. Members of the Contracts Committee shall be appointed with regard to their technical competence and skills required for the discharge of the functions of the Contracts Committee . The tenure of the members of the Contracts Committee shall be three years and a member may be re-appointed for only one further term. Where the Secretary to the Treasury is satisfied that it is not practicable to apply subsection (6), the Secretary to the Treasury shall exempt the concerned procuring and disposing entity from the application of the subsection. [subsection (7) added by section 16(b) of Act 11 of 2011 ] - 28 Verify source ↗
Procuring and disposing entities - Functions of a Contracts Committee
AI-assisted research summary: The Contracts Committee must carry out specified procurement and disposal activities (including adjudication, approvals, verification, valuation and liaising) and must report certain activities to the Accounting Officer for approval.
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 matters within its jurisdiction. The Contracts Committee shall make a report in respect of the activities under subsection(1) (ca) and submit the report to the Accounting Officer for approval. [subsection (2) added by section 17(d) of Act 11 of 2011 ] [section 28 amended by section 17(a) of Act 11 of 2011 ] - 29 Verify source ↗
Procuring and disposing entities - Powers of a Contracts Committee
AI-assisted research summary: A Contracts Committee must authorize procurement and disposal documents and amendments, recommend delegation to the Accounting Officer when necessary, and award contracts according to applicable procedures.
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. - 30 Verify source ↗
Procuring and disposing entities - Composition of a Procurement and Disposal Unit
AI-assisted research summary: A procuring and disposing entity must establish a Procurement and Disposal Unit staffed at an appropriate level.
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. - 31 Verify source ↗
Procuring and disposing entities - Functions of a Procurement and Disposal Unit
AI-assisted research summary: A Procurement and Disposal Unit must carry out and manage the listed procurement and disposal functions for the procuring and disposing entity.
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. - 32 Verify source ↗
Procuring and disposing entities - Powers of a Procurement and Disposal Unit
AI-assisted research summary: A Procurement and Disposal Unit has specified powers including recommending committee composition, contracting independent advice, ensuring compliance, managing bids and pre-qualification submissions, providing bid clarifications, and receiving bids.
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. - 33 Verify source ↗
Procuring and disposing entities - Disagreement between a Contracts Committee and a Procurement and Disposal Unit
AI-assisted research summary: If a Contracts Committee and a Procurement and Disposal Unit disagree, either body may seek independent advice from the Authority; a Contracts Committee may also return a submission to the Procurement and Disposal Unit with written reasons. Any party asking the Authority for advice must state in writing the reasons for its disagreement.
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. - 34 Verify source ↗
Procuring and disposing entities - Functions of the User Department
AI-assisted research summary: The User Department of a Procuring and Disposing Entity must perform specified procurement-related functions and prepare a procurement plan based on the approved budget to submit to the Procurement and Disposal Unit.
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 approved budget, which shall be submitted to the Procurement and Disposal Unit for implementation when required. [subsection (2) substituted by section 19 of Act 11 of 2011 ] - 35 Verify source ↗
Procuring and disposing entities - Powers of the User Department
AI-assisted research summary: A User Department must perform procurement and disposal tasks, including initiating requirements, recommending Statements of Requirements, undertaking conformity assessments, issuing change orders per contract terms, and certifying provider invoices.
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. - 36 Verify source ↗
Procuring and disposing entities - Disagreement between a Procurement and Disposal Unit and a User Department
AI-assisted research summary: If a Procurement and Disposal Unit disagrees with a User Department about procurement method, process or practice, the two parties may jointly consult two members of the Contracts Committee for review and guidance; if that fails either party may submit the disagreement to the Contracts Committee for a formal decision.
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 . - 37 Verify source ↗
Procuring and disposing entities - Evaluation Committee
AI-assisted research summary: An Evaluation Committee must conduct all evaluations, report to the Procurement and Disposal Unit, have at least three members, and members must sign a Code of Ethics; membership is recommended by the Procurement and Disposal Unit and approved by the Contracts Committee; members may be external in specified circumstances.
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 evaluation and the evaluation methodologies shall be executed in accordance with the regulation made under this Act. - 38 Verify source ↗
Procuring and disposing entities - Independence of functions and powers
AI-assisted research summary: The Accounting Officer, the Contracts Committee, the Procurement and Disposal Unit, the User Department and the Evaluation Committee must act independently in relation to their respective functions and powers, subject to the provisions of this Act.
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. - 39 Verify source ↗
Procuring and disposing entities - Delegation of powers by the accounting officer
AI-assisted research summary: An accounting officer may delegate or contract out certain procurement and disposal functions to internal subdivisions, staff, other procuring entities, or third‑party providers.
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 , - 40 Verify source ↗
Procuring and disposing entities - Third party procurement and disposal
AI-assisted research summary: A procuring and disposing entity must secure prior written assurance of funds, obtain services from firms prequalified by the Authority, and follow the Authority's procedure; where lacking technical capacity and with prior Authority approval and guidelines, it may engage third party procurement and disposal services.
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 . - 40 Verify source ↗
Procuring and disposing entities - Accreditation for alternative systems
AI-assisted research summary: The Authority may accredit alternative procurement systems for procuring and disposing entities that cannot comply with required procedures; regulations will set the application procedure and provide special rules including for procurement of medicines and medical supplies.
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 requires alternative or additional regulations; is required to use an alternative system to comply with the provisions of international or any other agreements; or has other valid reasons which necessitate the use of an alternative system. An application for accreditation shall be made using the procedure provided in regulations made under this Act. There shall be an alternative system for the procurement of medicines and other medical supplies . The Minister shall in consultation with the Minister responsible for health and the Authority , make regulations for the procurement of medicines and other medical supplies . provide for the special nature of procurement of medicines and medical supplies ; provide for the specific attributes of medical supplies ; define the medical supplies which are subject to this section; take into consideration developments, if any, in the procurement , storage and distribution of medicines and medical supplies . - 41 Verify source ↗
Procuring and disposing entities - Records of a procuring and disposing entity
AI-assisted research summary: Procuring and disposing entities must keep procurement and disposal records, including a summary report for each contract, and keep them for seven years or longer in specified circumstances.
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 information as may be prescribed by regulations. The records of the procurement and disposal process shall be open to inspection by the Authority and a competent authority during working hours. [subsection (2) amended by section 22(b) of Act 11 of 2011 ] - 42 Verify source ↗
Procuring and disposing entities - Defence and National Security Organs
AI-assisted research summary: Defence and National Security organs must comply with this Act subject to subsections (2) and (3); they must manage procurement and disposal using a dual list, agree annually with the Authority on restricted-item categories and methods, subject restricted lists to classified audit and lay them before Parliament, appoint Contracts Committees for classified items, and have committee members nominated by accounting officers and approved by the Secretary to the Treasury.
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 Treasury. [subsection (6) added by section 23 of Act 11 of 2011 ]
Part IV
Basic public procurement and disposal principles
- 43 Verify source ↗
Basic public procurement and disposal principles - Application of basic principles of public procurement and disposal
AI-assisted research summary: All public procurement and disposal must be conducted according to specified principles including non-discrimination, transparency, accountability and fairness, competition and value for money, confidentiality, economy and efficiency, and promotion of ethics.
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. - 44 Verify source ↗
Basic public procurement and disposal principles - Non-discrimination
AI-assisted research summary: Bidders must not be excluded from participating in public procurement or disposal on the basis of nationality, race, religion, gender or any other criterion not related to qualification, except as provided for in this Act.
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. - 45 Verify source ↗
Basic public procurement and disposal principles - Transparency, accountability and fairness
AI-assisted research summary: All procurement and disposal shall be conducted in a manner which promotes transparency, accountability and fairness.
Section Transparency, accountability and fairness Section All procurement and disposal shall be conducted in a manner which promotes transparency, accountability and fairness. - 46 Verify source ↗
Basic public procurement and disposal principles - Competition
AI-assisted research summary: All procurement and disposal must be conducted to maximize competition and achieve value for money.
Section Competition Section Subject to this Act, all procurement and disposal shall be conducted in a manner to maximize competition and achieve value for money. - 47 Verify source ↗
Basic public procurement and disposal principles - Confidentiality
AI-assisted research summary: Procuring and disposing entities must not disclose certain procurement information to bidders or outsiders, and must disclose procurement information on written request, subject to specified exceptions.
Section Confidentiality Section Notwithstanding subsection (1)— a procuring and disposing entity shall not disclose to a bidder or to any other person who is not involved in the preparation of the solicitation documents , the evaluation process or the award decision, any information relating to— information shall not be disclosed where— the information contains— A procuring and disposing entity shall, upon written request by any person, disclose information regarding any procurement or disposal process . solicitation documents , before the solicitation documents are officially issued; the examination, clarification, evaluation and comparison of bids before the best evaluated bidder notice is displayed on the procurement and disposal notice board of the procuring and disposing entity ; and the disclosure is likely to prejudice the security or sovereignty of the State; the disclosure interferes with the right to the privacy of any person; the disclosure would amount to a breach of the law, impede law enforcement or would not be in public interest; or proprietary information including information relating to any manufacturing process, trade secret, trademark, copyright, patent or formula protected by law or by international treaty to which Uganda is a party; scientific or technical information , the disclosure of which is likely to cause harm to the interests of the proper functioning of any procuring and disposal entity; or information supplied in confidence by a bidder , the disclosure of which could reasonably be expected to put that bidder at a disadvantage in contractual commercial negotiations or to prejudice the bidder in commercial competition. - 48 Verify source ↗
Basic public procurement and disposal principles - Economy and efficiency
AI-assisted research summary: All procurement and disposal must be conducted to promote economy, efficiency and value for money.
Section Economy and efficiency Section All procurement and disposal shall be conducted in a manner which promotes economy, efficiency and value for money. - 49 Verify source ↗
Basic public procurement and disposal principles - Ethics
AI-assisted research summary: All procurement and disposal must be carried out in accordance with the Codes of Ethics as may be specified by the Authority.
Section Ethics Section All procurement and disposal shall be carried out in accordance with the Codes of Ethics that may be specified from time to time by the Authority . - 50 Verify source ↗
Basic public procurement and disposal principles - Preference and reservation
AI-assisted research summary: Preference is to be given to domestically manufactured goods and Ugandan contractors and consultants, and certain contracts or parts may be reserved to promote sectors or geographic areas.
Section Preference and reservation Section Subject to the economic and social policies of Government and the international obligations of Government, preference shall be given to domestically manufactured goods and Ugandan contractors and Ugandan consultants, in order to promote their development, by giving them a competitive advantage when competing for public procurement contracts, with foreign manufactured goods, foreign contractors or foreign consultants. To promote particular sectors within specified geographic areas, specified public procurement contracts or parts of a contract shall be subject to reservation schemes. [section 50 substituted by section 26 of Act 11 of 2011 ] - 51 Verify source ↗
Basic public procurement and disposal principles - Open competitive bidding
AI-assisted research summary: A procuring and disposing entity shall use open bidding as the preferred method of procurement and disposal.
Section Open competitive bidding Section A procuring and disposing entity shall use open bidding as the preferred method of procurement and disposal . - 52 Verify source ↗
Basic public procurement and disposal principles - Best evaluated bids
AI-assisted research summary: A contract shall be awarded to the bidder with the best evaluated offer.
Section Best evaluated bids Section A contract shall be awarded to the bidder with the best evaluated offer ascertained on the basis of the methodology and criteria detailed in the bidding documents . - 53 Verify source ↗
Basic public procurement and disposal principles - Public accessibility
AI-assisted research summary: The Authority must make copies of the Act, its regulations, Guidelines, forms, standard bidding documents and the Authority's decisions accessible to the public.
Section Public accessibility Section Copies of the Act, regulations, Guidelines, and forms made under this Act, standard bidding documents and decisions of the Authority shall be made accessible to the public by the Authority . - 54 Verify source ↗
Basic public procurement and disposal principles - ***
AI-assisted research summary: Section 54 was repealed by section 27 of Act 11 of 2011.
Section *** Section [section 54 repealed by section 27 of Act 11 of 2011 ]
Part V
Public procurement and disposal rules
- 55 Verify source ↗
Public procurement and disposal rules - Application of public procurement and disposal rules
AI-assisted research summary: All public procurement and disposal shall be carried out in accordance with the rules set out in this Part of the Act, any regulations and guidelines made under this Act.
Section Application of public procurement and disposal rules Section All public procurement and disposal shall be carried out in accordance with the rules set out in this Part of the Act, any regulations and guidelines made under this Act. - 56 Verify source ↗
Public procurement and disposal rules - Records
AI-assisted research summary: Procuring and disposing entities must use the Authority's standard forms to record procurement or disposal details, unless the Authority consents to other forms; if no form exists they may apply for temporary permission to use an alternative form, and such applications must state the circumstances requiring a form.
Section Records Section [subsection (1) repealed by section 28 of Act 11 of 2011 ] A procuring and disposing entity shall use the standard forms issued by the Authority to record all details of the procurement or disposal process , except where it obtains the consent of the Authority to use forms other than those provided by the Authority . Where a document or form does not exist for a given circumstance, a procuring and disposing entity may apply to the Authority for permission to use an alternative document or form until the time the Authority issues the standard document or form. The application mentioned in sub-section (3), shall state the circumstances giving rise to the need for the Authority to produce a particular standard form or document. - 57 Verify source ↗
Public procurement and disposal rules - Communication
AI-assisted research summary: All communication between a procuring and disposing entity, bidder, or provider must be in writing; any communication in another form must be referred to and confirmed in writing.
Section Communication Section All communication between a procuring and disposing entity , bidder , or provider , shall be in writing and communication in any other form shall be referred to and confirmed in writing. English shall be the language of communication unless otherwise specified by the Authority . Forms of communication shall be specified in the solicitation documents . - 58 Verify source ↗
Public procurement and disposal rules - Procurement and disposal planning
AI-assisted research summary: Requires procuring and disposing entities to plan procurement and disposal, prepare and submit annual plans, aggregate requirements, use framework contracts where appropriate, integrate budgets and disposals, review and update plans quarterly, notify authorities of changes, display plans for at least twenty working days, and prohibits procurement outside the plan except in emergencies; the Authority must issue plan format guidelines.
Section Procurement and disposal planning Section A procuring and disposing entity shall plan its procurement and disposal in a rational manner and in particular shall— In accordance with the budget preparation procedures issued by the Minister , a procuring and disposing entity shall in each financial year, by a date determined by the Secretary to the Treasury, prepare and submit to the Secretary to the Treasury and to the Authority , its annual procurement plan for the following financial year. aggregate its requirements where possible, both within the procuring and disposal entity and between procuring and disposal entities, to obtain value for money and to reduce procurement costs; make use of framework contracts wherever appropriate to provide an efficient, cost effective and flexible means to procure works , services or supplies that are required continuously or repeatedly over a set period of time; not split a procurement or a disposal to defeat the use of the appropriate procurement or disposal method; integrate its procurement budget with its expenditure programme; and integrate the disposal of assets, both listed and unlisted, in its assets register as well as in its income and expenditure budget. The Authority shall issue guidelines in respect of the format of the procurement plan to be prepared under this section. A procuring and disposing entity shall, on a quarterly basis and in any other case, wherever necessary, review and update its procurement plan. A procuring and disposing entity shall notify the Secretary to the Treasury and the Authority of any changes made to its procurement plan and submit the updated and approved plan to the Authority . A procuring and disposing entity shall display its procurement plan and the updated and approved plan on its procurement and disposal notice board or using any other method as may be prescribed, for not less than twenty working days. Procurement shall not be carried out outside the procurement plan except in cases of emergency situations. [section 58 substituted by section 29 of Act 11 of 2011 ] - 59 Verify source ↗
Public procurement and disposal rules - Initiation of procurement or disposal requirements and confirmation of funding
AI-assisted research summary: The Accounting Officer must approve all procurement or disposal requirements before any procurement or disposal process begins.
Section Initiation of procurement or disposal requirements and confirmation of funding Section All procurement or disposal requirements shall be documented prior to the commencement of any procurement or disposal proceedings . Procurement or disposal shall only be initiated or continued on the confirmation that funding, in the full amount over the required period, is available or will be made available at the time the contract commitment is made. All procurement or disposal requirements shall be approved by the Accounting Officer prior to the commencement of any procurement or disposal process . - 59 Verify source ↗
Public procurement and disposal rules - Preference schemes
AI-assisted research summary: Procuring and disposing entities must grant specified margins of preference to qualifying Ugandan goods, contractors or consultants when procuring goods, works or services; special rules apply for joint ventures.
Section Preference schemes Section Preference schemes shall be applied— The margin of preference specified in subsection (1) shall— in respect of works and services — A procuring and disposing entity shall when procuring goods, works or services under this section, grant a margin of preference— Goods qualify for preference, as domestically manufactured goods, under subsection (2) (b) where— A contractor and a consultant qualify for preference as a Ugandan contractor or a Ugandan consultant under subsection (2) (c) where— A contractor or consultant who qualifies as such under section (5) (d) shall be— A joint venture or an association between a Ugandan contractor and a foreign partner or between a Ugandan consultant and a foreign partner shall be eligible for preference where— in respect of goods, works and non-consultancy services , where the open domestic or open international bidding methods are used, with a specified margin of preference being added during the financial comparison stage of the evaluation process to the evaluated price of the bid which does not qualify for preference; and in respect of consultancy services , for the quality and cost based selection method and the least cost selection method, where proposals are invited from both national and foreign consultants, with a specified margin of preference being added to the evaluated price of the foreign proposal, during the financial comparison stage of the evaluation process. be based on only the price and shall be added to the evaluated price of a bid which does not qualify for preference or to the evaluated price of a bid of a foreign proposal; in respect of goods that qualify as domestically manufactured goods, be related to the percentage of the labour, raw material and components of the goods that originate from Uganda; and be proportional to the percentage of the share capital of the contractor or consultant , where the consultant is a firm owned by Government or by Ugandans; or be based on only the price and shall be added to the evaluated price of a bid which does not qualify for preference or to the evaluated price of a bid of a foreign proposal, if the consultant is a Ugandan citizen. of fifteen percent, in respect of goods; and of seven percent, in respect of works or services . where the labour or value addition to the good is more than thirty percent of the ex- works of the goods; and the production facility in which the goods are to be manufactured, assembled or processed is in Uganda and is engaged in the manufacturing, assembling or processing of the goods at the time of submission of the bid . the contractor or consultant is incorporated or registered in Uganda; the contractor or consultant if an individual, is a Ugandan citizen; the contractor or consultant if a company registered in Uganda, more than fifty percent of the capital of the contractor or consultant is owned by Ugandan citizens; and the contractor or consultant if a legal entity, more than fifty percent of the capital of the contractor or consultant is owned by the Government or by a procuring and disposing entity . legally and financially autonomous; established as a commercial venture; and authorised by a competent authority or a professional body to operate as a contractor or to perform services as a consultant . A procuring and disposing entity shall, when procuring works or services under a joint venture or under an association between a Ugandan contractor and a foreign partner or between a Ugandan consultant and a foreign partner, grant a margin of preference of four percent for the works or services . the joint venture is registered in Uganda; the Ugandan contractor or Ugandan consultant in the joint venture qualifies for preference under subsection (5); or the Ugandan contractor or Ugandan consultant demonstrates a beneficiary interest of more than fifty percent in the joint venture as demonstrated by the profit and loss sharing provisions of the joint venture agreement. - 59 Verify source ↗
Public procurement and disposal rules - Reservation schemes
AI-assisted research summary: The Authority must specify which public procurement contracts and sectors are subject to reservation schemes, and procuring entities intending to use a reservation scheme must apply to the Authority for permission and deal only with eligible providers.
Section Reservation schemes Section A public procurement contract shall be subject to a reservation scheme in order to— A procuring and disposing entity that intends to make a procurement under a reservation scheme shall— In accordance with section 50 (2), the Authority shall, in consultation with a competent authority, and the relevant stakeholders, specify the public procurement contracts to be subject to a reservation scheme and shall designate the particular sectors, within a specified geographical area, that are eligible to participate in the reservation scheme. promote the use of local expertise and materials; promote the participation of local communities or local organisations; or apply specific technologies. apply to the Authority for permission to use alternative procurement procedures and documents and shall in the application indicate the contract packages, specifications and contracting processes to be included in the bidding documents ; and deal with only the providers that are eligible to participate in a reservation scheme, in accordance with this section. The procurement procedures and documents and the contract packages, specifications and contracting processes to be used under subsection (3) shall be in accordance with the basic procurement principles prescribed under Part IV of this Act. [section 59B inserted by section 31 of Act 11 of 2011 ] - 60 Verify source ↗
Public procurement and disposal rules - Statements of requirements
AI-assisted research summary: A statement of requirements may take forms such as specifications, terms of reference, scope of works, drawings, or bills of quantities, and must give a correct and complete description of the object of the procurement or disposal to create fair and open competition.
Section Statements of requirements Section A statement of requirements may be in the form of— specifications ; terms of reference; scope of works ; drawings; bills of quantities; or an equivalent of any of the items specified in this subsection, as may be appropriate. A statement of requirements shall give a correct and complete description of the object of the procurement or disposal activity for the purpose of creating fair and open competition. [section 60 substituted by section 32 of Act 11 of 2011 ] - 61 Verify source ↗
Public procurement and disposal rules - Best practice and industry standards
AI-assisted research summary: Procuring and disposing entities must at all times use industry standards defined and codified by internationally recognised trade associations and professional bodies in the appropriate fields.
Section Best practice and industry standards Section Procuring and disposing entities shall at all times use industry standards defined and codified by internationally recognised trade associations and professional bodies in the appropriate fields. - 62 Verify source ↗
Public procurement and disposal rules - Solicitation documents
AI-assisted research summary: Procuring and disposing entities must use the Authority's standard documents as models when drafting solicitation documents and must obtain the Authority's prior consent to depart from those standard General Conditions of Contract.
Section Solicitation documents Section All solicitation documents shall— A procuring and disposing entity shall use the standard documents provided by the Authority as models for drafting all solicitation documents for each individual procurement or disposal requirement. detail the terms and conditions, which shall apply to any resulting contract ; and contain the General Conditions of Contract, or a statement of the General Conditions of Contract which shall apply. The General Conditions of Contract shall not be modified except through Special Conditions inserted into the solicitation documents or contract . A procuring and disposing entity shall obtain the prior consent of the Authority to place a contract against the General Conditions of Contract other than those contained in the standard solicitation documents provided by the Authority . - 63 Verify source ↗
Public procurement and disposal rules - Selection of bidders
AI-assisted research summary: Methods for selecting bidders must allow fair and equitable selection and ensure maximum competition.
Section Selection of bidders Section All methods for the selection of bidders to be invited to bid shall allow for fair and equitable selection and ensure maximum competition. - 64 Verify source ↗
Public procurement and disposal rules - Bidding period
AI-assisted research summary: The bidding period must be sufficient to allow bidders to prepare and submit their bids and must not be reduced with the aim of limiting competition.
Section Bidding period Section The bidding period shall be sufficient to allow bidders to prepare and submit their bids and shall not be reduced with the aim of limiting competition. - 65 Verify source ↗
Public procurement and disposal rules - Clarification of solicitation documentation
AI-assisted research summary: A procuring and disposing entity may modify solicitation documents by issuing an addendum before the bid submission deadline, and may extend the closing date if necessary to allow bidders to take the addendum into account.
Section Clarification of solicitation documentation Section At any time prior to the deadline for bid submission, a procuring and disposing entity may, on its own initiative, or in response to a request for clarification by a bidder , modify the solicitation documents by issuing an addendum. Where a procuring and disposing entity considers it necessary, it may extend the closing date to enable bidders to take the addendum fully into account while preparing their bids. - 66 Verify source ↗
Public procurement and disposal rules - Form of bids
AI-assisted research summary: A procuring and disposing entity must require bidders to submit sealed written bids unless this Act or its regulations provide otherwise.
Section Form of bids Section A procuring and disposing entity shall require bidders to submit sealed written bids unless otherwise provided for in this Act or regulations made under this Act. - 67 Verify source ↗
Public procurement and disposal rules - Bid submission methods
AI-assisted research summary: The method for bid submission must be prescribed by regulations and determined by those regulations according to the type, complexity and evaluation method of the procurement or disposal handled by the procuring and disposing entity.
Section Bid submission methods Section The method for bid submission shall be prescribed by regulations made under this Act and shall be determined in the regulations by the type, complexity and evaluation method of the procurement or disposal being handled by the procuring and disposing entity . - 68 Verify source ↗
Public procurement and disposal rules - Modification and withdrawal of bids
AI-assisted research summary: A bidder may change or withdraw their bid before the submission deadline using the method set by regulations under the Act.
Section Modification and withdrawal of bids Section A bidder may modify or withdraw his or her bid at any time before the deadline for bid submission, using the method prescribed by regulations made under this Act. [section 68 substituted by section 33 of Act 11 of 2011 ] - 69 Verify source ↗
Public procurement and disposal rules - Bid receipt and openings
AI-assisted research summary: All bidding processes must include a formal bid receipt and a bid opening.
Section Bid receipt and openings Section All bidding processes shall include a formal bid receipt and a bid opening. - 70 Verify source ↗
Public procurement and disposal rules - Basic qualification of bidders
AI-assisted research summary: A procuring and disposing entity must require that all bidders meet the qualification criteria in the bidding documents; those criteria include that the bidder is not insolvent, in receivership, bankrupt, being wound up, has not had business activities suspended, is not subject to legal proceedings for those circumstances, and has fulfilled obligations to pay taxes and social security contributions.
Section Basic qualification of bidders Section A procuring and disposing entity shall require all bidders participating in public procurement or disposal to meet the qualification criteria set out in the bidding documents which in all cases shall include the following basic qualifications— that the bidder is not— that the bidder has the legal capacity to enter into the contract ; insolvent; or in receivership; or bankrupt; or being wound up; that the bidder ’s business activities have not been suspended; that the bidder is not the subject of legal proceedings for any of the circumstances mentioned in paragraph (b); and that the bidder has fulfilled his or her obligations to pay taxes and social security contributions. - 71 Verify source ↗
Public procurement and disposal rules - Evaluation
AI-assisted research summary: A procuring and disposing entity must ensure that bid evaluations are carried out expeditiously and in accordance with regulations.
Section Evaluation Section The choice of an evaluation methodology shall be determined by the type, value and complexity of the procurement or disposal . All solicitation documents shall fully and comprehensively detail the evaluation methodology and criteria which shall apply. No evaluation criteria other than that stated in the bidding documents shall be taken into account. A procuring and disposing entity shall ensure that the evaluation of bids is done expeditiously in accordance with regulations made under this Act. [subsection (4) added by section 34 of Act 11 of 2011 ] - 72 Verify source ↗
Public procurement and disposal rules - Change in bid details
AI-assisted research summary: Bids must not be altered in substance, including price, after the bid closing date and time, except as regulations under this Act may prescribe.
Section Change in bid details Section There shall not be any alterations or any changes in the substance of bids, including changes in price, after the date and time of bid closing, except as may be otherwise prescribed by regulations made under this Act. - 73 Verify source ↗
Public procurement and disposal rules - Clarification of bids received
AI-assisted research summary: A procuring and disposing entity may ask bidders for clarification of their bids to assist evaluation and clarify details.
Section Clarification of bids received Section A procuring and disposing entity may ask bidders for clarification of their bids in order to assist in an evaluation and to clarify details that were not apparent or could not be finalised at the time of bidding, in accordance with procedures prescribed by regulations made under this Act. - 74 Verify source ↗
Public procurement and disposal rules - Prohibition of negotiations
AI-assisted research summary: Negotiations between a procuring and disposing entity and a contractor over the contractor's proposal are prohibited except in limited situations; the procuring entity must investigate cost overruns and may cancel or negotiate to reduce scope when the best evaluated bid exceeds budget.
Section Prohibition of negotiations Section Negotiations shall not be carried out between a procuring and disposing entity and a contractor, in respect of the proposal of the contractor, except where— For the purposes of the negotiations under this section, the procuring and disposing entity shall investigate why the cost of the procurement exceeds the budget of the procuring and disposing entity and may— the competitive procurement method was used and only one bid was received in response to the call for bids; the direct procurement method was used; or the procurement is for consultancy services . Negotiations under subsection (1) shall only be carried out where the best evaluated bid or proposal exceeds the budget of the procuring and disposing entity . cancel the procurement process and request for new proposals; or negotiate with the best evaluated bidder in order to obtain a reduction of the scope or the quantities of the procurement . - 75 Verify source ↗
Public procurement and disposal rules - Rejection of bids
AI-assisted research summary: A procuring and disposing entity may reject any or all the bids at any time prior to the award of a contract.
Section Rejection of bids Section A procuring and disposing entity may reject any or all the bids at any time prior to the award of a contract . - 76 Verify source ↗
Public procurement and disposal rules - Contracts
AI-assisted research summary: A procuring and disposing entity must not confirm an award until specified conditions (regulatory waiting period and full funding) are met; the award must then be confirmed by a written contract signed by both the provider and the procuring and disposing entity after those conditions are fully satisfied.
Section Contracts Section An award shall not be confirmed by a procuring and disposing entity until— For the purposes of this Act, an award decision is not a contract . the period specified by regulations made under this Act has lapsed; and funding has been committed in the full amount over the required period. An award shall be confirmed by a written contract signed by both the provider and the procuring and disposing entity only after the conditions set out in subsection (2) have been fully satisfied. The award decision shall be posted in a manner prescribed by regulations during the period specified in paragraph (a) of sub-section (2). - 77 Verify source ↗
Public procurement and disposal rules - Change in bidders circumstances
AI-assisted research summary: If a bidder’s circumstances change during procurement or disposal in a way that could materially affect their ability to perform, the bidder must immediately inform the Contracts Committee.
Section Change in bidders circumstances Section Any change in the circumstances of a bidder during the procurement or disposal process that could materially affect the bidder ’s capacity to execute the contract shall be immediately drawn to the attention of the Contracts Committee by the bidder . - 78 Verify source ↗
Public procurement and disposal rules - Prohibition of Public Officers
AI-assisted research summary: Public Officers must not bid in disposal processes, except when specific items are offered to Public Officials under specified conditions.
Section Prohibition of Public Officers Section Public Officers shall not participate in the disposal process as bidders except where specific items are offered to the Public Officials of a procuring and disposing entity subject to— internal advertisement and competition; the sale price being no less than the authorized valuation of the items to be offered; the concurrence of the Head of the Procurement Unit, the Contracts Committees and the Accounting Officer; and the complete record of each offer being kept by the procuring and disposing entity for inspection and record, a copy of which documentation shall be forwarded by the Accounting Officer to the Authority within seven working days.
Part VI
Methods of procurement and disposal
- 79 Verify source ↗
Methods of procurement and disposal - Choice of procurement method
AI-assisted research summary: A procuring and disposal entity must use specified procurement methods for goods, works and non‑consulting services and section 88A for consultancy services; the Contracts Committee must first approve the chosen method, and the Authority's consent is required to use any method outside those set out in this Part.
Section Choice of procurement method Section [heading substituted by section 36(a) of Act 11 of 2011 ] A procuring and disposal entity shall in respect of— the procurement of goods, works and non consulting services, use any of the methods specified in sections 80 , 81 , 82 , 83 , 84 , 85 and 86 and the conditions for their use specified in the Fourth Schedule to this Act; and the procurement of consulting services, use section 88A and the conditions for procuring consultancy services specified in the Fourth Schedule to this Act. The choice of a procurement or disposal method shall first be approved by the Contracts Committee. A procuring and disposing entity shall first obtain the consent of the Authority before it uses any other method than the ones set out in this Part of the Act. - 80 Verify source ↗
Methods of procurement and disposal - Open domestic bidding
AI-assisted research summary: A procuring and disposing entity must use the open domestic bidding method, except where this Act or its regulations provide otherwise; foreign or international bidders are not prevented from participating.
Section Open domestic bidding Section Except as provided for in this Act or regulations made under this Act, a procuring and disposing entity shall use the open domestic bidding method. Open domestic bidding is a procurement method which is open to participation on equal terms by all providers through advertisement of the procurement opportunity. Open domestic bidding shall be used to obtain maximum possible competition and value for money. Nothing shall prevent a foreign or international bidder from participating in open domestic bidding. [section 80 amended by section 37 of Act 11 of 2011 ] - 81 Verify source ↗
Methods of procurement and disposal - Open international bidding
AI-assisted research summary: Defines "Open international bidding" as a procurement method open to all providers on equal terms by advertisement and specifically seeking to attract foreign providers.
Section Open international bidding Section Open international bidding is the procurement method which is open to participation on equal terms by all providers, through advertisement of the procurement opportunity and which specifically seeks to attract foreign providers. Open international bidding is used to obtain the maximum possible competition and value for money, where national providers may not necessarily make this achievable. [section 81 amended by section 37 of Act 11 of 2011 ] - 82 Verify source ↗
Methods of procurement and disposal - Restricted domestic bidding
AI-assisted research summary: Restricted domestic bidding is a procurement method where bids are obtained by direct invitation without open advertisement.
Section Restricted domestic bidding Section Restricted domestic bidding is the procurement method where bids are obtained by direct invitation without open advertisement. Restricted domestic bidding is used to obtain competition and value for money to the extent possible, where the value or circumstances do not justify or permit the open bidding procedure. [section 82 amended by section 37 of Act 11 of 2011 ] - 83 Verify source ↗
Methods of procurement and disposal - Restricted international bidding
AI-assisted research summary: Restricted international bidding is a procurement method where bids are solicited by direct invitation without open advertisement and the invited bidders include foreign providers.
Section Restricted international bidding Section Restricted international bidding is the procurement procedure where bids are obtained by direct invitation without open advertisement and the invited bidders include foreign providers. Restricted international bidding shall be used to obtain competition and value for money to the extent possible where the value or circumstances do not justify or permit an open bidding method and the short listed bidders include foreign providers. [section 83 amended by section 37 of Act 11 of 2011 ] - 84 Verify source ↗
Methods of procurement and disposal - Quotation method
AI-assisted research summary: Defines the quotation method as a simplified procurement method comparing price quotations from multiple providers.
Section Quotation method Section [heading substituted by section 38(a) of Act 11 of 2011 ] The quotation method is a simplified procurement method which compares price quotations obtained from a number of providers. [subsection (1) substituted by section 38(b) of Act 11 of 2011 ] The Quotation method shall be used to obtain competition and value for money to the extent possible, where the value or circumstances do not justify or permit open or restricted bidding procedures. [subsection (2) amended by section 38(c) of Act 11 of 2011 ] The quotation method shall be used in works and supplies . [subsection (3) substituted by section 38(d) of Act 11 of 2011 ] - 85 Verify source ↗
Methods of procurement and disposal - Direct procurement
AI-assisted research summary: Direct procurement is a sole‑source method used when exceptional circumstances prevent competition.
Section Direct procurement Section [heading amended by section 39 of Act 11 of 2011 ] Direct procurement is a sole source procurement method for procurement requirements where exceptional circumstances prevent the use of competition. Direct procurement shall be used to achieve efficient and timely procurement, where the circumstances do not permit a competitive method. [section 85 amended by section 39 of Act 11 of 2011 ] - 86 Verify source ↗
Methods of procurement and disposal - Micro-procurement
AI-assisted research summary: Micro-procurement is a procurement method to be used for very low value requirements and to achieve efficient and timely procurement where the value does not justify a competitive procedure.
Section Micro-procurement Section [heading amended by section 40(a) of Act 11 of 2011 ] Micro procurement is a procurement method which shall be used for very low value procurement requirements. [subsection (1) substituted by section 40(b) of Act 11 of 2011 ] Micro procurement shall be used to achieve efficient and timely procurement where the value does not justify a competitive procedure. [subsection (2) amended by section 40(c) of Act 11 of 2011 ] - 87 Verify source ↗
Methods of procurement and disposal - Methods of disposal of public assets
AI-assisted research summary: Public assets may be disposed of by a list of methods; when donating, the procuring and disposing entity must take into account specified factors.
Section Methods of disposal of public assets Section [heading substituted by section 41(a) of Act 11 of 2011 ] Public assets may be disposed of using any of the following methods— Where a public asset is to be donated the procuring and disposing entity shall take into account the following factors— public auction; public bidding; direct negotiations; sale to public officers; destruction of the assets; conversion or classification of assets into another form for disposal by sale; trade-in; transfer to another procuring and disposing entity ; and donation. national security and public interest issues; health and safety issues; legal and human rights issues; environmental considerations; and the asset is obsolete and of minimal value. Donation shall only be used where the other methods of disposal cannot be used by the procuring and disposing entity . [subsection (1b) inserted by section 41(c) of Act 11 of 2011 ] Notwithstanding subsection (1), a procuring and disposing entity shall not dispose of any strategic asset, without the prior approval of the Minister . [subsection (1c) inserted by section 41(c) of Act 11 of 2011 ] Subsection (1c) shall not apply to the disposal of land by the Uganda Land Commission or by a district land board. [subsection (1d) inserted by section 41(c) of Act 11 of 2011 ] For the avoidance of doubt, subsection (1c) applies to the disposal of land held by the Uganda Land Commission on behalf of a procuring and disposing entity . [subsection (1e) inserted by section 41(c) of Act 11 of 2011 ] In this section “strategic asset” means land, a building, a ship, shares and any other asset as may be prescribed, belonging to the Government, situated within or outside Uganda. [subsection (1f) inserted by section 41(c) of Act 11 of 2011 ] The procedures for the methods in subsection (1) shall be prescribed by regulations made under this Act. - 88 Verify source ↗
Methods of procurement and disposal - Selection of providers
AI-assisted research summary: The detailed procedures for selecting providers will be set out in regulations.
Section Selection of providers Section The detailed procedures for selection of providers shall be prescribed by regulations. - 88 Verify source ↗
Methods of procurement and disposal - Procurement of consultancy services
AI-assisted research summary: Procuring and disposing entities must publish a notice inviting expressions of interest and prepare a shortlist of consultants; they may use a short list or conduct negotiations with selected consultants but must not negotiate with several consultants at the same time.
Section Procurement of consultancy services Section Notwithstanding subsection (1), a procuring and disposing entity may procure consultancy services using a short list of consultants developed— A procuring and disposing entity shall procure consultancy services using subsection (3) where— The selection methods to be used for the selection of consultants shall be prescribed by regulations made under this Act shall include— A procuring and disposing entity shall procure a consultancy service by publishing a notice, as specified in the Fourth Schedule to this Act, inviting expression of interest for a required assignment. The procuring and disposing entity shall, from the expressions received in respect of the notice under subsection (1), prepare a shortlist of consultants, who have the capacity to perform the required assignment. from the register of providers of the Authority; on the recommendation of a competent authority; using the pre-qualified list of the procuring and disposing entity; or using the pre-qualified list of another procuring and disposing entity. the required consultancy services can only be provided by a limited number of consultants; the time and cost required to examine and evaluate a large number of expressions of interest is not proportionate to the value of the assignment to be undertaken; or there is an emergency situation. quality and cost based selection method; quality based selection method; fixed budget selection method; least cost based selection method; and the consultants' qualifications and selection method. The procuring and disposing entity may conduct negotiations with the selected consultants but negotiations shall not be held with several consultants simultaneously. Notwithstanding this section, where exceptional circumstances prevent the use of competitive bidding and where any of the conditions for using the direct procurement method as specified in the Fourth Schedule to this Act are satisfied, a procuring and disposing entity may source a consultant who has the capacity to perform the required assignment. [section 88A added by section 42 of Act 11 of 2011 ]
Part VI
Types of contract
- 88 Verify source ↗
Types of contract - Choice of contract
AI-assisted research summary: A procuring and disposing entity must, when carrying out a procurement activity, use any of the contract types specified in this Part (or a combination) and follow procedures set by regulations under this Act.
Section Choice of contract Section A procuring and disposing entity shall in respect of a procurement activity, use any of the contract types specified in this Part or a combination of any of them, using procedures prescribed by regulations made under this Act. [section 88B inserted by section 43 of Act 11 of 2011 ] - 88 Verify source ↗
Types of contract - Lump sum contract
AI-assisted research summary: A lump sum contract must be used where the content, duration and outputs of the procurement are well defined.
Section Lump sum contract Section A lump sum contract shall be used where the content, duration and outputs of the procurement are well defined. [section 88C inserted by section 43 of Act 11 of 2011 ] - 88 Verify source ↗
Types of contract - Time-based contract
AI-assisted research summary: Use a time-based contract when the scope and duration of the procurement requirement are difficult to define.
Section Time-based contract Section A time-based contract shall be used where the scope and duration of the procurement requirement is difficult to define. [section 88D inserted by section 43 of Act 11 of 2011 ] - 88 Verify source ↗
Types of contract - Admeasurement contract
AI-assisted research summary: An admesurement contract, including a re-measurement, unit rate and bill of quantities contract may be used for works which are not well defined; which are likely to change in quantity or specifications; or where difficult or unforeseen site conditions, such as hidden foundation problems, are likely.
Section Admeasurement contract Section An admesurement contract, including a re-measurement, unit rate and bill of quantities contract may be used for works— which are not well defined; which are likely to change in quantity or specifications; or where difficult or unforeseen site conditions, such as hidden foundation problems, are likely. - 88 Verify source ↗
Types of contract - Framework contract
AI-assisted research summary: A framework contract is defined as a schedule of rates or an indefinite delivery contract and shall be used when requirements are needed on call or to reduce procurement costs or lead times for repeatedly needed requirements.
Section Framework contract Section A framework contract, is a schedule of rates or an indefinite delivery contract and shall be used— where a requirement is needed “on call” but where the quantity and timing of the requirement cannot be defined in advance; or to reduce procurement costs or lead times for a requirement which is needed repeatedly or continuously over a period of time by having them available on a “call off” basis. - 88 Verify source ↗
Types of contract - Percentage based contract
AI-assisted research summary: A percentage based contract must be used when it is appropriate to tie the fee directly to the estimated or actual cost of the subject of the contract.
Section Percentage based contract Section A percentage based contract shall be used where it is appropriate to relate the fee paid directly to the estimated or actual cost of the subject of the contract. [section 88G inserted by section 43 of Act 11 of 2011 ] - 88 Verify source ↗
Types of contract - Cost reimbursable contract
AI-assisted research summary: A cost reimbursable contract shall be used for emergency work when there is insufficient time to calculate costs, and for high-risk works where it is more economical for the procuring and disposing entity to bear price-variation risk or where the provider will not accept the risk.
Section Cost reimbursable contract Section A cost reimbursable contract shall be used— for emergency work where there is insufficient time to calculate fully the costs involved; for high risk works, where it is more economical for the procuring and disposing entity to bear the risk of price variations than to pay a provider to accept the risk or where the provider does not accept the risk. - 88 Verify source ↗
Types of contract - Target price contract
AI-assisted research summary: A target price contract may be used instead of a cost reimbursable contract where a target price can be agreed and cost savings may be achieved by offering an incentive payment to the provider for any cost savings below the target price.
Section Target price contract Section A target price contract may be used instead of a cost reimbursable contract where a target price can be agreed and cost savings may be achieved by offering an incentive payment to the provider for any cost savings below the target price. [section 88I inserted by section 43 of Act 11 of 2011 ] - 88 Verify source ↗
Types of contract - Retainer contract
AI-assisted research summary: A retainer contract is used to retain a provider to provide services over a prescribed period without specifying service levels or amounts.
Section Retainer contract Section A retainer contract shall be used to retain a provider to provide services over a prescribed period of time, without defining the level and actual amounts of services required. [section 88J inserted by section 43 of Act 11 of 2011 ] - 88 Verify source ↗
Types of contract - Success fee contract
AI-assisted research summary: Defines 'Success fee contract' as a contract that links the fees of a provider to an achieved objective to incentivize successful completion of a task, event, or action.
Section Success fee contract Section Success fee contract shall be used to link the fees of a provider to an achieved objective to provide an incentive to the successful completion of a particular task, event or action. [section 88K inserted by section 43 of Act 11 of 2011 ] - 88 Verify source ↗
Types of contract - Other types of contracts and contracting arrangements
AI-assisted research summary: For other types of contracts not covered elsewhere, a procuring and disposing entity must seek guidance from the Authority on the applicable procurement procedures and documents.
Section Other types of contracts and contracting arrangements Section For any other type of contract or contracting arrangement, other than those specified in sections 88C to 88K , including acquisition by rental, lease, hire purchase, licence, tenancy and francise, a procuring and disposing entity shall seek guidance from the Authority on the applicable procurement procedures and documents. [subsection (1) substituted by section 52(a) of Act 13 of 2015 ] [subsection (2) deleted by section 52(b) of Act 13 of 2015 ] [section 88L inserted by section 43 of Act 11 of 2011 ]
Part VII
Administrative review
- 89 Verify source ↗
Administrative review - Administrative review
AI-assisted research summary: Procuring and disposing entities must give a bidding applicant who requests administrative review a summary of the evaluation, a comparison of tenders (with evaluation criteria), and reasons for rejection; bidders may seek review for omissions or breaches of the Act, its regulations or bidding documents.
Section Administrative review Section A procuring and disposing entity shall provide a bidder who seeks administrative review with— A bidder may seek administrative review for any omission or breach by a procuring and disposing entity of this Act, or any regulations or guidelines made under this Act or of the provisions of bidding documents , including best practices . a summary of the evaluation process; a comparison of the tenders, proposals or quotations, including the evaluation criteria used; and the reasons for rejecting the concerned bids. The information provided to a bidder under subsection (2) shall be used only for administrative review purposes. [subsection (3) added by section 44(b) of Act 11 of 2011 ] [section 89 amended by section 44(a) of Act 11 of 2011 ] - 90 Verify source ↗
Administrative review - Review by the Accounting Officer
AI-assisted research summary: Sets procedures for a bidder to complain to the accounting officer, timelines for actions by the accounting officer and the Authority, and rights where the Authority fails to act.
Section Review by the Accounting Officer Section A complaint by a bidder against a procuring and disposing entity shall— On receiving the complaint and the prescribed fee, the accounting officer shall— Where— Subject to Part VIIA of this Act, a contract shall not be entered into by an accounting officer with a provider — A bidder who is aggrieved by a decision of a procuring and disposing entity may make a complaint to the accounting officer of the procuring and disposing entity . [subsection (1) substituted by section 45(a) of Act 11 of 2011 ] be in writing and shall be submitted to the accounting officer of the procuring and disposing entity with the prescribed fee, and a copy shall be given to the Authority ; be made within ten working days from the date the bidder , first becomes aware or ought to have become aware, of the circumstances giving rise to the complaint; immediately suspend the procurement proceedings ; and make a decision in writing, within fifteen working days, indicating the corrective measures to be taken, if any, and giving reasons for his or her decisions and submit a copy of the decision to the Authority . the Accounting Officer does not make a decision within the period specified in sub-section (2); or the bidder is not satisfied with the decision of the Accounting Officer Upon receipt of a copy of the decision of the accounting officer specified in subsection (2) (b), the Authority shall within fifteen working days, review the decision and make a recommendation in writing to the procuring and disposing entity , indicating the corrective measures to be taken, if any, and giving reasons for the recommendation. [subsection (4) added by section 45(d) of Act 11 of 2011 ] Where the Authority fails to make a recommendation within the time prescribed under subsection (4), the accounting officer may implement the corrective measures indicated in the decision made under subsection (2) (b). [subsection (5) added by section 45(d) of Act 11 of 2011 ] The bidder who makes a complaint under this section has a right to proceed under Part VIIA of this Act, where the Authority fails to make a recommendation as required under subsection (4). [subsection (6) added by section 45(d) of Act 11 of 2011 ] during the period of administrative review; before the Authority makes a final decision in respect of a complaint lodged with the Authority under subsection (3) or before a decision is made in accordance with Part VIIA of this Act. - 91 Verify source ↗
Administrative review - Review by the Authority
AI-assisted research summary: The Authority must notify the procuring and disposing entity on receipt of a complaint, suspend further action until settled, notify interested bidders, may consider representations, must decide within 21 working days stating reasons and remedies, and may be appealed by dissatisfied bidders.
Section Review by the Authority Section The Authority shall, unless it dismisses the complaint— Upon receipt of a complaint, the Authority shall promptly give notice of the complaint to the respective procuring and disposing entity , suspending any further action thereon by the procuring and disposing entity until the Authority has settled the matter. prohibit a procuring and disposing entity from taking any further action; or annul in whole or in part an unlawful act or decision made by the procuring and disposing entity . Before taking any decision on a complaint, the Authority shall notify all interested bidders of the complaint and may take into account representations from the bidders and from the respective procuring and disposing entity . The Authority shall issue its decision within twenty-one working days after receiving the complaint, stating the reasons for its decision and remedies granted, if any. A bidder who is not satisfied with the decision of the Authority given under subsection (4), may appeal against the decision, in accordance with Part VIIA of this Act. [subsection (5) added by section 46 of Act 11 of 2011 ]
Part VII
Review of decisions of the authority
- 91 Verify source ↗
Review of decisions of the authority - Interpretation
AI-assisted research summary: Defines “proceedings” as review by the Tribunal of a decision made under Part VII and includes any application before the Tribunal; defines “Tribunal” as the Public Procurement and Disposal of Public Assets Appeals Tribunal.
Section Interpretation Section In this Part, unless the context otherwise requires— “proceedings” means review by the Tribunal of a decision made under Part VII of this Act and includes any application before the Tribunal; “Tribunal” means the Public Procurement and Disposal of Public Assets Appeals Tribunal. [section 91A inserted by section 47 of Act 11 of 2011 ]
Part VIII
Miscellaneous
- 91 Verify source ↗
Miscellaneous - Limitation on contracts with members of procuring and disposing entities
AI-assisted research summary: Procuring and disposing entities must not contract with specified persons who have conflicts of interest; persons to whom the section applies must reveal personal interests; contravention is an offence punishable by a fine up to 120 currency points or up to five years imprisonment.
Section Limitation on contracts with members of procuring and disposing entities Section Except where expressly allowed by regulations, a procuring and disposing entity shall not enter into contract with— A member of a Contracts Committee , a member of a procurement and disposal unit; a member of the governing body of a procuring and disposing entity , or a member of the Board of Survey, who has a conflict of interest with respect to a procurement or disposal shall not— a member of the Contracts Committee or of the evaluation committee, an employee of the procuring and disposal entity or a member of the Board of Survey; a person appointed to politically or administratively control the procuring and disposing entity , including a Minister , the accounting officer or a member of the governing body of the procuring and disposing entity ; and a company, where a person specified in paragraph (a) or (b) has a controlling interest. take part in any procurement or disposal proceedings ; and after a procurement or disposal contract is entered into, take part in any decision relating to the procurement or disposal contract . “Conflict of interest” in subsection (2), in relation to a person to whom that subsection applies, includes the personal interest of a relation or business associate which that person has knowledge or would have had knowledge if he or she exercised due diligence having regard to all the circumstances. “Relation” in subsection (3) means a biological or adopted child, a spouse and a parent. A person to whom this section applies shall reveal any personal interest that may impinge or which may be deemed to impinge on the business dealings of that person, with the procuring and disposing entity . A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or to imprisonment for a term not exceeding five years, or both. [section 91U inserted by section 48 of Act 11 of 2011 ] - 92 Verify source ↗
Miscellaneous - Protection from prosecution
AI-assisted research summary: Members or staff of the Authority and procuring and disposing entities are protected from legal action for acts or omissions done in good faith.
Section Protection from prosecution Section No action shall lie against any member or staff of the Authority or a procuring and disposing entity for any act or omission done in good faith. - 93 Verify source ↗
Miscellaneous - Codes of conduct
AI-assisted research summary: Public officers and engaged experts must sign the Code of Ethical Conduct; providers of works, services or supplies must sign a declaration of compliance with those codes.
Section Codes of conduct Section Public Officers as well as experts engaged to deliver specific services shall sign the Code of Ethical Conduct specified in the Fifth Schedule. All providers of works , services or supplies shall be required to sign a declaration of compliance with those codes of conduct determined by the Authority from time to time. - 94 Verify source ↗
Miscellaneous - Suspension of providers
AI-assisted research summary: The Authority may suspend a provider from participating in public procurement or disposal processes for a period determined by the Authority.
Section Suspension of providers Section The Authority may on the recommendation of a procuring and disposing entity or after investigations on its own initiative, suspend a provider from engaging in any public procurement or disposal process for a period determined by the Authority , where— the provider breaches the Code of Ethics of providers; the provider is debarred from the procurement processes of an international agency of which Uganda is a member; after investigations by the Auditor General or an independent body appointed by the Auditor General, the provider is found to have a record of unsatisfactory performance; the provider is convicted of a corrupt practice or a fraudulent practice under this Act; the provider fails to substantially perform the obligations specified in the contract ; the provider is suspended by the professional body of the provider , for professional misconduct; or the provider is found to have faulted on the obligations specified under the law. - 95 Verify source ↗
Miscellaneous - Offences and penalties
AI-assisted research summary: The section defines offences (including corrupt or fraudulent practices) and prescribes penalties such as fines, imprisonment, refund orders, disqualification and suspension for providers or bidders involved.
Section Offences and penalties Section A person commits an offence who— An accounting officer, a member of the Contracts Committee, a member of the evaluation committee, an employee of the Authority or of a procuring and disposing entity, who— An accounting officer who signs a contract contrary to— Where it is proved that a provider is involved in a fraudulent practice in any procurement proceeding— Where a procuring and disposing entity, after appropriate investigations, is satisfied that any bidder to whom a proposal to award a contract is to be made, is engaged in a corrupt practice or a fraudulent practice in competing for the contract in question, the procuring and disposing entity may— without reasonable excuse fails or refuses to give information, or produce any document, records or reports required under paragraphs of sub-section (1) of section 8 ; without reasonable excuse refuses to answer summons or refuses to produce any books of accounts, plans or give evidence as required by paragraph (b) of sub-section (1) of section 8 ; and contrary to this Act, interferes with or exerts undue influence on any officer or employee of the Authority or a procuring and disposing entity in the performance of his or her functions or in the exercise of his or her power under this Act: connives or colludes to commit a corrupt practice or a fraudulent practice, [paragraph (d) substituted by section 50(a) of Act 11 of 2011 ] connives or colludes to commit a corrupt practice or a fraudulent practice during a procurement or disposal process; engages in a corrupt practice or a fraudulent practice during a procurement or disposal process, section 26 (2), commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or to imprisonment not exceeding five years, or both; and section 26 (5), commits an offence and is liable on conviction to a fine not exceeding one thousand currency points or to imprisonment not exceeding five years, or both and in addition to the fine, may be ordered by court to make a refund of an amount equivalent to the difference in price between the price paid for the supplies, services or works and the market price. the provider shall be disqualified by the Contracts Committee from the procurement proceeding; and the Contracts Committee shall recommend to the Authority to suspend the provider. Where a provider is suspended under section 94 , and there is an existing contract between the provider and the procuring and disposing entity, the contract shall be voidable at the option of the procuring and disposing entity. [subsection (1d) inserted by section 50(b) of Act 11 of 2011 ] Notwithstanding subsections (1c) and (1d), a procuring and disposing entity may seek any other legal remedy available, against the provider. [subsection (1e) inserted by section 50(b) of Act 11 of 2011 ] reject the proposal for award of the contract; or recommend to the Authority that the bidder be suspended from participating in any procurement or disposal process. Where it is determined after a special audit or by a court that a bidder is engaged in a corrupt practice or a fraudulent practice during the procurement process, the award of a contract or execution of a contract, the Authority shall suspend the bidder from participating in any procurement or disposal process. [subsection (1g) inserted by section 50(b) of Act 11 of 2011 ] Where a procuring and disposing entity consistently contravenes this Act, it shall, on the recommendation of the Authority and on the approval of the Minister, have its procurement and disposal function transferred to a third party procurement agency until the Authority is satisfied that the causes of the contravention have been rectified. - 95 Verify source ↗
Miscellaneous - Force account mechanism
AI-assisted research summary: Allows procuring entities to use a force account mechanism and imposes duties on accounting officers to make available resources, ensure standards and supervision, procure supplies per the Act, determine costs are cheaper than contracting, and keep records.
Section Force account mechanism Section Where a procuring and disposing entity uses the force account mechanism— For the purpose of ensuring value for money in the application of the force account mechanism, the accounting officer of a procuring and disposing entity shall— A procuring and disposing entity may, in accordance with regulations made under this Act, undertake works using the force account mechanism. In this section “force account mechanism” means undertaking the works of a procuring and disposing entity using the personnel and equipment of the procuring and disposing entity or of another procuring and disposing entity . the supplies to be used for the assignment shall be procured in accordance with the requirements of this Act; and the procuring and disposing entity shall determine that the direct, indirect and overhead costs to be incurred are less than would be incurred if the assignment was executed by a contractor. Where there is an emergency situation or where no contractor is willing to execute the assignment, the force account mechanism may be used, without fulfilling the requirements of subsection (3)(b). make available, materials, employees tools and equipment, adequate for the works ; ensure that the works are executed in accordance with the applicable technical standards; ensure that the works are supervised by a qualified supervisor; ensure that the employees and supplies used for the works are commensurate to the works ; and maintain and manage the records, equipment and supplies of the works in accordance with the Public Finance and Accountability Act, 2003. - 96 Verify source ↗
Miscellaneous - Regulations
AI-assisted research summary: The Minister must, on the recommendation of the Authority and with the approval of Parliament, issue regulations to carry out the objectives and functions of this Act, including regulations for procurement and disposal by a procuring and disposing entity outside Uganda.
Section Regulations Section The Minister shall, on the recommendation of the Authority and approval of Parliament, issue regulations for the better carrying out of the objectives and functions of this Act. Without prejudice to the general effect of subsection (1), the Minister shall, on the recommendation of the Authority , and approval of Parliament, issue regulations for procurement and disposal by a procuring and disposing entity outside Uganda. Regulations made under this section may prescribe for a contravention of any of the provisions of the regulations or any guidelines issued under this Act, a fine not exceeding two hundred and fifty currency points or imprisonment not exceeding two years or both. [section 96 substituted by section 52 of Act 11 of 2011 ] - 97 Verify source ↗
Miscellaneous - Guidelines
AI-assisted research summary: The Authority shall issue and Gazette guidelines for carrying out the objectives and functions of the Act.
Section Guidelines Section For the better carrying out of the objectives of and functions under this Act, the Authority shall issue and Gazette guidelines . [section 97 substituted by section 53 of Act 11 of 2011 ] - 98 Verify source ↗
Miscellaneous - Transitional provisions
AI-assisted research summary: Property formerly vested in the Government for the use of the Central Tender Board vests in the Authority on commencement; the Authority continues pending legal obligations; procuring and disposing entities must conform within twelve months.
Section Transitional provisions Section All property, except that property the Minister may determine, which immediately before the commencement of this Act was vested in the Government for the use of the Central Tender Board, on the date of the commencement of this Act shall immediately vest in the Authority subject to all interests, liabilities, charges, obligations and trusts affecting that property. All legal obligations, proceedings and claims pending in respect of the Central Tender Board shall be continued or enforced by or against the Authority in the same manner as they would have been continued or enforced if this Act had been in force at the time when the cause of action arose. Except as provided for under this Act, this Act shall take precedence over all other enactments establishing Tender Boards or like mechanisms, and the responsible procuring and disposing entities shall within twelve months after this Act comes into force, bring their practices in conformity with this Act. - 99 Verify source ↗
Miscellaneous - Repeal of S.I. No. 64 of 2000
AI-assisted research summary: The Public Finance Procurement Regulations are repealed.
Section Repeal of S.I. No. 64 of 2000 Section The Public Finance Procurement Regulations are repealed.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Public Procurement and Disposal of Public Assets Act, 2003
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in