Public Procurement Act No. 28 of 2024.

This Act, consisting of 69 articles organized into 7 chapters, aims to (i) establish uniform treasury norms and standards for all procuring institutions to guide the implementation of their procurement systems and (ii) define a preferential procurement framework within which all procuring institutions can develop and apply their procurement policies. These objectives seek to (i) ensure the efficient, effective, and economical use of public resources through cost, benefit, and risk assessments; (ii) promote ethical conduct and combat corruption by enhancing access to procurement information, implementing transparency measures, and enforcing sanctions for violations; (iii) support transformation, beneficiation, and industrialization; (iv) stimulate economic growth by encouraging (a) the procurement of goods produced and services provided within the Republic, (b) development-oriented procurement, and (c) investment; (v) enhance procurement efficiency and effectiveness by streamlining processes, including the adoption of technology; (vi) establish effective and expedited dispute resolution mechanisms for procurement-related decisions; and (vii) foster innovation, sustainable development, and the protection of environmental rights.
Article 4 establishes the Public Procurement Office with the following main tasks (i) promote compliance with this Act by procuring institutions; (ii) develop necessary measures to maintain the integrity of procurement; (iii) guide and support officials and procuring institutions to ensure compliance with this Act by providing advice and assistance to procuring institutions; and ensuring the professional development and training of officials involved in procurement; (iv) develop and support the implementation of measures to ensure transparency in procurement; (v) promote standardization in procurement; (vi) promote the use of technology and innovation and learning towards modernization of the public procurement system; (vii) monitor the implementation of this Act; (viii) create, maintain, and publish one or more databases to facilitate the implementation of this Act.
Under article 9, all individuals involved in procurement under this Act must adhere to the prescribed code of conduct, and any violation by an official, accounting officer, or committee member constitutes misconduct, requiring action under the applicable procedure. The Act emphasizes the importance of developing and implementing a preferential procurement policy, as well as addressing issues of irregular expenditure and the consequences of non-compliance with procurement regulations. Key measures outlined in the Act include the requirement for procuring institutions to evaluate bids based on prescribed criteria, the establishment of a Register for Tender Defaulters, and the stipulation of minimum thresholds for local production and content. The Act mandates that any person convicted of an offence under its provisions is prohibited from contracting with any organ of state for a period of ten years. Additionally, it specifies that bids must be disqualified if they fail to meet mandatory subcontracting criteria, thereby reinforcing compliance requirements for bidders and procuring entities. The Minister is tasked with making regulations regarding various aspects of procurement, including emergency procurement and the use of information technology.
The Act amends and repeals a number of instruments, detailed in the Schedule annexed, including (i) Section 34(1)(e) of Electricity Regulation Act, 2006, amended to require establishment through a bid procedure that is fair, equitable, transparent, competitive, and cost-effective; (ii) charges to be paid in case of installation of external engineering services provided for in Spatial Planning and Land Use Management Act of 2013.