Public Procurement Regulations, 2013 (GN No. 446 of 2013).
Country
Type of law
Regulation
Abstract
These Regulations, comprising 380 Sections, apply to the procurement of goods, works, and non-consultancy services, the selection of consultants, the disposal of public assets by tender, and procurement under public-private partnerships, but do not apply to other methods of asset disposal. The basic principles for undertaking or approving procurement and disposal of public assets, to make the best possible use of public funds with honesty and fairness, include (i) economy and efficiency; (ii) eligible tenderer; (iii) probity and ethics in procurement or disposal by tender; (iv) equality of participation; (v) eligibility; (vi) transparency and fairness. A procuring entity may reject all tenders or annul a procurement process with the tender board's approval for specific reasons, such as unresponsiveness, exceeding the budget, or lack of competition. Additionally, a procuring entity can reject an abnormally low tender after requesting and verifying an explanation from the tenderer. Both decisions require prior approval from the Authority. For tender security, a procuring entity must ensure that the requirement applies to all tenderers and that the solicitation documents specify acceptable issuers, forms, and terms. Tenderers can choose from a certified cheque, letter of credit, bank guarantee, or insurance bond, and a reputable institution can issue the security from any country. The tender security protects against tenderer misconduct, such as withdrawing a tender after the deadline or failing to sign the contract.
Other rules establish two key principles (1) Transparency and Integrity: Public entities and tenderers must act with transparency and accountability, avoiding fraud and improper influence. Any member with a conflict of interest must declare it and recuse themselves from the proceedings; (2) Oversight and Auditing: The head of each public body's internal audit unit is required to submit quarterly compliance reports to the accounting officer, who then forwards them to the Authority. This continuous flow of information allows the Authority to conduct audits and investigations, enabling it to recommend corrective actions or disciplinary measures as needed.
Other rules establish two key principles (1) Transparency and Integrity: Public entities and tenderers must act with transparency and accountability, avoiding fraud and improper influence. Any member with a conflict of interest must declare it and recuse themselves from the proceedings; (2) Oversight and Auditing: The head of each public body's internal audit unit is required to submit quarterly compliance reports to the accounting officer, who then forwards them to the Authority. This continuous flow of information allows the Authority to conduct audits and investigations, enabling it to recommend corrective actions or disciplinary measures as needed.
Attached files
Web site
Date of text
Notes
The Public Procurement (Goods, Works, Nonconsultancy Services and Disposal of Public Assets by Tender) Regulations, 2005 and the Public Procurement (Selection and Employment of Consultants) Regulations, 2005 are hereby revoked
Repealed
Yes
Source language
English
Legislation Amendment
No
Repealed by