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Public Procurement and Asset Disposal Act, no. 19 of 2015.

Country
Type of law
Legislation
Source

Abstract
This Act, divided into six Parts, provides for the procedures to be applied in the public procurement of goods, works and services, for the public procurement of projects under a public-private partnership, for asset disposal, and for the institutions responsible for those matters. The Act defines the following relevant terms: asset, in relation to a public-private partnership, and to disposal of assets; business case; coercive practice; contractor; confidential information; corrupt practice; disposal of assets; framework agreement; fraudulent practice; misconduct; pooling agreement; public funds; public-private partnership contract; public procurement; tendering document. The purposes of the Act are: simplification and clarification of public procurement process; improving transparency in public procurement process; fostering and encouraging broad participation in public procurement procedures; increasing public confidence in the public procurement procedures; ensuring fair and equitable treatment of all persons participating in public procurement. The Act applies to: any public procurement; financial service contracts concluded and concerning immovable property.
Part I of the Act covers administration and focuses on: functions and powers of Director, procuring entity, procurement agent or service provider, Public Procurement Unit and accounting officer; establishment of central public procurement Board and definition of its functions; appointment of Public Procurement Committee, of the tender evaluation committee, and of the Public-Private Partnership Steering Committee. Part II concerns: public procurement plan, requirement, specification and description, with list of the goods, works and services required; public procurement procedures; financial proposals; direct procurement and emergency procurement. Part III concerns public procurement contract and its content; inspection of goods; monitoring evaluation and reporting. Part IV focuses on public-private partnership and project identification and screening in the following sectors: energy, transport, water resources management, construction and management of public facilities, communications; requirements for public-private partnership contracts. Part V concerns asset disposal. Part VI regards miscellaneous provisions, including general penalties.
Long title of text
An Act to regulate and provide for the procedures to be applied in the public procurement of goods, works and services, for the public procurement of projects under a public-private partnership, for the institutions responsible for those matters, for asset disposal, and related matters.
Date of text
Repealed
No
Source language

English

Legislation Amendment
No