Act No: No. 33 of 2015
Act Title: PUBLIC PROCUREMENT AND ASSET DISPOSAL
SUBSIDIARY LEGISLATION
Arrangement of Sections

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THE PUBLIC PROCUREMENT AND ASSET DISPOSAL REGULATIONS, 2020

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation

2.

Interpretation

3.

Application

4.

Object and purpose of these Regulations

5.

Bilateral and multilateral agreements

PART II – RESPONSIBILITIES OF BODIES INVOLVED IN PUBLIC PROCUREMENT AND RELATED PROVISIONS

6.

Responsibilities of the National Treasury

7.

Functions of the Authority

8.

Nomination of members of the Public Procurement Regulatory Board

9.

Accessibility of Review Board Services

10.

Qualification and nomination of Review Board members

11.

Full board meeting of the Review Board

12.

Resignation of the Chairperson or a member of the Review Board

13.

Removal of Review Board Chairperson or member

14.

Appointment of Review Board Secretary

15.

Functions of the Review Board Secretary

16.

Acting Review Board Secretary

17.

Employees of the Review Board

18.

Funds and operations costs of the Review Board

19.

Annual performance reports

PART III – COUNTY GOVERNMENT RESPONSIBILITIES WITH RESPECT TO PUBLIC PROCUREMENT AND ASSET DISPOSAL

20.

Additional responsibilities of county treasury

PART IV – POWERS TO ENSURE COMPLIANCE AND DEBARMENT PROCEDURES

21.

Powers of investigators

22.

Request for debarment and debarment proceedings

PART V – INTERNAL ORGANIZATION OF PROCURING ENTITIES

23.

Responsibilities of the accounting officer

24.

Minimum requirements of a procuring entity

25.

Appointment of tender opening committee

26.

Threshold matrix

27.

Low value procurements

28.

Establishment of evaluation committee

29.

Composition of an evaluation committee

30.

Conduct of members of evaluation committee

31.

Independent evaluation

32.

Compliance and evaluation criteria

33.

Establishment and role of the procurement function

34.

Role of the user department

35.

Appointment and role of the inspection and acceptance committee

36.

Sector-specific procuring and disposal agencies

37.

Consortium buying

38.

Registration of procuring or asset disposal agents

39.

Transfer of procuring responsibility to another public entity

PART VI – GENERAL PROCUREMENT AND ASSET DISPOSAL PRINCIPLES

40.

Procurement planning

41.

Contents of a procurement plan

42.

Annual Procurement Plan format

43.

Procurement pricing and requirement not to split contracts

44.

List of registered suppliers

45.

Tender security

46.

Tender Securing Declaration Form

47.

Self-declaration form

48.

Termination or cancellation of procurement and asset disposal proceedings

49.

Forms of communications, electronic procurement and asset disposal

50.

Annual procurement plan, preparation and publication

51.

E-tender clarifications

52.

Requisition

53.

Tenderer registration

54.

Procuring entity registration

55.

Submission of e-tenders

56.

Inquiries relating to tender document

57.

Opening of e-tenders

58.

Access to e-procurement system

59.

Digital signature

60.

Publication of e-tender and contract awards

61.

E-notification and acceptance of e-tender awards

62.

E- administrative review of tender disputes

63.

Award of e-tender

64.

E-invoicing and e-documentation

65.

Confidentiality declaration form

66.

Procurement records form

67.

Dissemination of laws, regulations, directives and circulars

PART VII – BASIC PROCUREMENT RULES

68.

Standard tender documents and formats

69.

Registration of suppliers

70.

Registration procedure

71.

Initiation of procurement

72.

Invitation to tender

73.

Opening of tenders

74.

Preliminary evaluation of open tender

75.

Non-responsiveness to tender

76.

Technical evaluation

77.

Financial evaluation

78.

Evaluation report and professional opinion

79.

Approval of the accounting officer

80.

Post-qualification

81.

Professional fees

82.

Notification of intention to enter into a contract

83.

International tendering and competition

PART VIII – CLASSIFIED PROCUREMENT METHODS AND PROCEDURES

84.

Classified procurement methods and procedures

PART IX – METHODS OF PROCUREMENT OF GOODS, WORKS AND SERVICES

A. Open Tender

85.

Threshold for advertising of open tender

86.

Time for preparation of open tenders

B. Two Stage Tendering

87.

Two stage tendering

C. Design Competition

88.

Design competition

D. Restricted Tendering

89.

Restricted tendering

E. Direct Procurement

90.

Direct procurement

F. Request for Quotations

91.

Request for quotations

G. Low Value Procurement

92.

Low value procurement method

93.

Procedure for low value procurement

H. Force Account

94.

Force account

95.

Procedure for use of force account under section 109(2)(a) of the Act

96.

Procedure for use of force account under section 109(2)(b) of the Act

97.

Procedure for use of force account under section 109(2)(c) of the Act

98.

Procedure for use of force account for user department

I. Electronic Reverse Auction

99.

Electronic reverse auction

J. Competitive Negotiations

100.

Procedure for competitive negotiations

K. Framework Agreement Method

101.

Conditions for use of framework agreement method

102.

Procedure for framework Agreement

103.

Contracts under the framework agreement

104.

Threshold for framework agreements

105.

Indexing prices

106.

Procedure for ordering

L. Specifically Permitted Procurement

107.

Specially permitted procurement procedure

M. Community participation

108.

Community participation method

109.

Conditions for use of community participation method

110.

Procedure for use of community participation method

111.

Direct community participation

112.

Community based service provider

PART X – PROCUREMENT OF CONSULTANCY SERVICES

113.

Request for proposals

114.

Expression of interest

115.

Opening of expression of interest.

116.

Submission of technical and financial proposals

117.

Regulated professional services

118.

Evaluation of proposals

119.

Time for preparation of request proposal

120.

Opening of technical proposals

121.

Terms of reference

122.

Procedure for quality and cost based selection method

123.

Procedure for Quality Based Selection (QBS) evaluation method

124.

Procedure for evaluation of fixed budget selection

125.

Procedure for evaluation of least cost selection

126.

Procedure for consultants' qualification selection method

127.

Conditions for use of individual consultant selection

128.

Procedure for individual consultant selection

129.

Single source selection method.

130.

Negotiations with successful tenderers

PART XI – PROCUREMENT CONTRACTS

131.

Publication of procurement contracts

132.

Amendments or variations to contracts

133.

Interest on overdue amounts and liquidated damages

134.

Framework contracting

135.

Performance security

136.

Advance payment and letters of credit

137.

Complex and specialized contracts

138.

Contract review reports

139.

Payments to a contractor

140.

Contract monitoring

141.

Contract termination

142.

Handover and acceptance of goods, works or services

PART XII – PREFERENCES AND RESERVATIONS IN PROCUREMENT

143.

Requirement for preference and reservations in procurement

144.

Transfer of skills and technology

145.

Eligibility criteria

146.

Registration of enterprises and groups

147.

Qualifications of contractors

148.

Application by foreign contractors

149.

Reservation of budget

150.

Prompt payment for performed contracts

151.

Regions where exclusive preference shall apply

152.

National reservations

153.

Single preference to tenderers

154.

Unbundling of procurements

155.

No requirement for tender security

156.

Preference and reservations term limit

157.

Open tender advertisement

158.

Procurement to be competitive

159.

Framework contracts and framework agreements with target groups

160.

Monitoring and evaluation

161.

Formats for preparation of reports

162.

Guidelines on the reporting requirements

163.

Threshold for exclusive preference

164.

Margin of preference for international tendering and competition

165.

Sourcing of supplies from citizen contractors by international tenderers

PART XIII – INVENTORY CONTROL, ASSET AND STORES MANAGEMENT AND DISTRIBUTION

166.

Receipt and recording of goods, stores and works

167.

Guidelines and the role of an accounting officer in asset management

168.

Objectives of inventory control assets and stores management and distribution

169.

Transfer of inventory, stores and management systems

170.

Inventory for assets and liabilities

171.

Responsibilities of head of procurement function

172.

Responsibilities of officer in charge of stores

173.

Procurement and maintenance of motor vehicles, plant, equipment and related spare parts

174.

Procedure for maintenance of motor vehicles, plant and equipment

175.

Maintenance of ICT equipment and related accessories

PART XIV – DISPOSAL OF ASSETS

176.

Annual assets disposal plan

177.

Establishment of disposal committee

178.

Quorum for disposal committee

179.

Functions of a disposal committee

180.

Procedure for disposal

181.

Methods of disposal

182.

Transfer to another public entity

183.

Sale by public tender

184.

Disposal documents and proceedings

185.

Tender notice for public tenders

186.

Site visit for the public

187.

Sale by public auction

188.

Inviting bids under the public auction sale method

189.

Eligibility criteria for the public auction sale method

190.

Notice period for the public auction sale method

191.

Public auction notices, sale, administration and awards

192.

Payment for and collection of Items

193.

Use of waste disposal management

194.

Assessment of waste disposal management

195.

Justification for waste disposal management

196.

Destruction certificate

197.

Use of trade in method of disposal

198.

Justification for the trade-in method

199.

Procedure for trade-in method

200.

Evaluation report and recommendations

201.

Reserve price

202.

Disposal to employees

PART XV – ADMINISTRATIVE REVIEW OF PROCUREMENT AND DISPOSAL PROCEEDINGS

203.

Request for a review

204.

Deposits

205.

Notification of the review and suspension of procurement proceedings

206.

Notice of Hearing

207.

Hearing panels, quorum, and proceedings

208.

Representation by person of own choice

209.

Preliminary objections

210.

Hearing notice

211.

Business hours

212.

Disclosure of interest

213.

Attendance at the hearing

214.

Procedure at the hearing

215.

Consolidation of requests

216.

Withdrawal of the requests

217.

Experts

218.

Rules of evidence

219.

Proof of documents

220.

Communication to the Review Board

221.

Powers of the Review Board

222.

Security fee

PART XVI – OFFENCES, SANCTIONS AND REVOCATION

223.

Prohibitions and sanctions

224.

Revocation of L.N No. 174 of 2006

SCHEDULES

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
SEVENTH SCHEDULE
EIGHTH SCHEDULE
NINTH SCHEDULE
TENTH SCHEDULE
ELEVENTH SCHEDULE
TWELFTH SCHEDULE
THIRTEENTH SCHEDULE
FOURTEENTH SCHEDULE
FIFTEENTH SCHEDULE
SIXTEENTH SCHEDULE