Laws and Regulations

Procurement Plan and Budget

(1) A Procuring Entity shall prepare a Procurement Plan to support every program of a User Ministry, Department or Agency. The Procurement Plan shall indicate:
(a) Contract packages,
(b) Estimated cost for each package,
(c) The procurement method, and
(d) Processing steps and times.

(2). Prior to commencing procurement proceeding, a Procuring Entity shall furnish the user with the Procurement Plan, for user’s information and comments if any. Such a plan must conform with the allocated Budget cycle.

(3). No procurement proceedings shall commence unless the Procuring Entity and the Ministry of Finance & Planning have confirmed availability of Budget. Similarly no contract shall be signed until confirmation of Budget.

(4). Each Procuring Entity shall establish a Procurement Unit with qualified procurement personnel to undertake procurement functions on behalf of the Procuring Entity.

(5). Each Procuring Entity shall establish a Procurement Committee consisting of not less than five senior staff of the Procuring Entity. The Head of Finance shall be the Chair Person of the Committee and the Head of Procurement Unit shall be its secretary. In the first instance, the Procurement Committee to be established in the Ministry of Finance & Planning and will be headed by Under Secretary of Finance. Subject to the thresholds described in the Schedule, the Procurement Committee shall approve all procurement plans and consider each tender evaluation report and make a decision on proposed contract award prepared by the Tender Evaluation Panel. The Head of Procuring Entity shall approve all contracts below the threshold described in the Schedule without reference to Procurement Committee. The Head of Procuring Entity and members of the Procurement Committee shall be accountable and responsible for compliance with these Regulations in the award of contracts.

(6). The Procuring Committee or Procurement Unit shall form a Tender Evaluation Panel for each tender with the required expertise to evaluate tenders and assist the Procurement Committee in its work. In the performance of its functions, a Tender Evaluation Panel shall proceed according to the predetermined and published evaluation criteria specified in the tender documents for that particular contract.

(7). In the performance of its functions, a Procurement Committee shall ensure that at every stage of the procurement activity in these Regulations have been followed. The main objective of a Tender Evaluation Panel and a Procurement Committee is to ensure a structured and collective decision making in award of contracts. No contract shall be awarded without an appropriate evaluation report and approval.

(8). The Procuring Entity shall submit an update of the Procurement Plan to the User on a quarterly basis to enable the User plan for service delivery linked to such procurement. In case the User is also designated a Procuring Entity, the Procurement Unit shall submit the Procurement Plan to the Procurement Committee. In case of long range activities, such as ICT/ICB for goods and works and QCBS for consultancy assignments, the procurement plan may cover periods of up to one year from the date of the start of the proceedings ..

(9). A procurement order shall not be divided into parts to lower the value of a procurement contract to avoid these application of the regulations and approval thresholds indicated in the Schedule unless there are justified reasons for that



Qualification of Tenderers.

(1) A tenderer in public procurement shall:

(i) Possess the necessary professional and technical qualifications and competence, financial resources, equipment and other physical facilities, managerial capability, reliability and reputation, experience in the procurement object, and personnel to perform a procurement contract;

(ii) Have the legal capacity to enter into a contract;

(iii) Be solvent, not be in receivership, bankrupt or in the process of being wound up and not have its business activities suspended.

(iv) Have fulfilled his/her obligations to pay taxes and social security contributions and any compensation due for damages caused to property or third party;

(v) Have Directors or Officers who have not in any country been convicted of any criminal offence relating to their professional conduct or making false statements or misrepresentations as to their qualifications to enter into a procurement contract, within a period of five years preceding the commencement of the procurement proceedings; and

(vi) Meet such other criteria, as the Procuring Entity considers appropriate.

(2). The Procuring Entity may require tenderers to provide appropriate documentary evidence or other information that it considers useful to satisfy that they are qualified in accordance with the criteria referred to in Sub- Regulation 7 (1) above

(3). Any requirement established pursuant to this Regulation stated in the tender documents or other documents for invitation of proposals, shall apply equally to the tenderers.

(4). The Procuring Entity shall evaluate the qualifications of tenderers in accordance with the criteria and regulations stated in the tender documents.

(5). The Procuring Entity shall disqualify tenderers who submit a document containing false information for purposes of qualification.

(6). The Procuring Entity may disqualify a Tender if it finds at any time that the information submitted concerning the qualifications of the tender was materially inaccurate or incomplete.



Pre-qualification Proceedings

(i). A Procuring Entity may engage in pre-qualification proceedings to identify tenderers who are qualified prior to the submission of tenders. Pre-qualification is required for large works contracts and occasionally for complex contracts for goods. Tenderers for pre-qualification proceedings shall meet the qualification criteria of the Procuring Entity as set out in pre-qualification documents made available to each supplier or contractor that requests them.

(ii). In order to ensure that pre-qualification is not misused, the decision on each case for pre-qualification shall be cleared with the Procurement Policy Unit of the Ministry of Finance & Planning.

(iii). The Procuring Entity shall make a decision with respect to the qualification of each supplier or contractor submitting an application to pre-qualify and in reaching that decision shall apply only the criteria set out in the pre-qualification documents.

(iv). All Tenders that meet the criteria specified in the pre-qualification documents shall be invited to submit tenders.

(v). The Procuring Entity shall promptly notify each supplier or contractor submitting an application to pre-qualify of whether or not he/she has been pre-qualified and shall make available to any member of the general public upon request, the names of the suppliers or contractors who have been pre-qualified.

(vi). The Procuring Entity shall upon request communicate to suppliers or contractors who have not been pre-qualified, the grounds for disqualification but the Procuring Entity is not required to specify the evidence or give the reasons for its findings.

(vii). The Procuring Entity may require a supplier or contractor who has been pre-qualified to demonstrate its qualifications again in accordance with the same criteria used to pre-qualify the supplier or contractor. The Procuring Entity shall disqualify any supplier or contractor who fails to demonstrate its qualification again if requested to do so.



Form of Communication

Communication between Procuring Entities and suppliers, contractors and consultants shall be in writing and communications in any other form shall be referred to and confirmed in writing.



Record of Procurement Proceedings

(1) A Procuring Entity shall maintain a record of the Procurement Proceedings containing the following information

(i) A brief description of the goods, works or services to be procured, or of the procurement need for which the Procuring Entity invited proposals or offers;

(ii) The names and addresses of suppliers or contractors that submitted tenders, proposals, offers or quotations, and the name and address of the supplier or Contractor with whom the procurement contract is entered;

(iii)Information relating to the qualifications, or lack of qualifications of suppliers or contractors that submitted tenders, proposals, offers or quotations;

(iv) The price, or the basis for determining the price and a summary of the other principal terms and conditions of each tender, proposal, offer or quotation and of the procurement contract if these are known to the Procuring Entity;

(v) A summary of the evaluation and comparison of tenders or proposals, offers or quotations;

(vi) If the tenders, proposals, offers or quotations were rejected a statement to that effect and the grounds for the rejection;

(vii) If, in procurement proceedings involving methods of procurement other than tendering, those proceedings did not result in procurement contract, a statement to that effect and the reasons;

(viii) A statement of the grounds and circumstances upon which the Procuring Entity relied to justify the selection of the method of procurement used;

(ix) In procurement proceedings involving direct invitation of proposals for services, a statement of the grounds and circumstances on which the Procuring Entity relied to justify the direct invitation;

(x) A summary of any requests for clarification of the pre-qualification or invitation documents, the responses received as well as a summary of any modification of the documents; and

(xi) A record of any complaints received from suppliers, contractors or consultants and the responses received.

2. The portion of the record referred to in Sub Regulation (1) above shall, on request, be made available to any person after a tender, proposal, offer or quotation has been accepted or after procurement proceedings have been terminated without resulting in a procurement contract.

3. The portion of the record referred to in Regulation 9 above shall, on request, be made available to suppliers, contractors or consultants that submitted tenders, proposals, offers or quotations, or applied for pre-qualification, after a tender, proposal, offer or quotation has been accepted or procurement proceedings have been terminated without resulting in a procurement contract.

4. The Procuring Entity shall not be liable to suppliers, contractors or consultants for damages owing solely to a failure to maintain a record of the procurement proceedings in accordance with these Regulations.

5. Records and documents maintained by Procuring Entities on procurement shall upon request be made available for inspection by authorized officials of the Procurement Policy Unit and the Audit Service. Where Donor funds have been used for the procurement, Donor officials shall also have access upon request to procurement files pertaining to their funds for the purpose of audit and review.



Rejection of Tenders, Proposals and Quotations

(1). A Procuring Entity may reject tenders, proposals and quotations at any time prior to acceptance on economic grounds if the grounds for the rejection are specified in the tender documents or in the request for proposals or quotations.

(2). To avoid vexatious rejection of tenders or proposals i.e., rejecting all tenders if a preferred tenderer is not winning, for contracts of procurement by open competitive tendering, the Procuring Entity shall in the first place report the matter to the Procurement Policy Unit for its information and comments. If the Procurement Policy Unit has any objections to such rejection, it shall, within seven days of receipt of such communication, inform the Procuring Entity of the objection. The Procuring Entity shall not proceed till any objection by the Procurement Policy Unit is resolved.

(3). On resolution of any objection by the Procurement Policy Unit, the Procuring Entity shall communicate to the tenderers the grounds for rejection but justification for the rejection is not required. The Procuring Entity shall not be liable to the tenderers for such rejection of all tenders.

(4). Notice of the rejection shall be served upon the tenderers within two days from the date the Procuring Entity decides to discontinue with the tender process.

(5). If the decision to reject tenders is taken before the closing date, tenders received shall be returned unopened to the tenderers.

(6). the rejection of the tender, proposal, offer or quotation with reasons shall be recorded in the procurement proceedings and promptly communicated without reasons to the supplier or contractor.



Entry into Force of the Procurement Contract

The manner of entry into force of the procurement contract shall be notified to the suppliers or contractors at the time of request of proposals, offers or quotations.



Inducements from Suppliers, Contractors and Consultants

A Procuring Entity shall reject a tender, proposal, offer or quotation if the supplier, contractor or consultant that submitted it offers, gives or agrees to give an inducement/bribe, directly or indirectly, to any current or former officer or employee of the Procuring Entity or other governmental authority.



Description of Goods, Works or Services

(1). Any specifications, testing and test methods, packaging, marketing, labeling or conformity certifications, symbols and terminology description of services that create obstacles to participation by suppliers or contractors in procurement proceedings shall not be included or used in pre-qualification documents, invitation documents or other documents for invitation of proposals, offers or quotations.

(2). Description of goods, works or services shall be based on objective technical and quality characteristics of the goods, works or services to be procured and there shall be no requirement of or reference to a particular trade mark, name, patent, design, type, specific origin or producer, unless a precise or intelligible way of describing the characteristics of the goods, works or services to be procured does not exist, in which case, the words “or equivalent” shall be included.

(3). Standardized trade terms, such as those stated in the INCOTERMS, shall be used in formulating the terms and conditions of the procurement contract to be entered into as a result of the procurement proceedings, and in formulating other relevant aspects of the pre-qualification documents, invitation of proposals, offers or quotations.



Language

The pre-qualification documents, invitation documents and other documents for invitation of proposals, offers or quotations shall be in English language.