The Public Procurement (Amendment) Act, 2016
This section gives the Act’s short title and says it is to be read together with the Public Procurement Act.
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- The Public Procurement (Amendment) Act, 2016
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Statute overview
About this statute
This section gives the Act’s short title and says it is to be read together with the Public Procurement Act. This section amends definitions in section 3 of the principal Act, including procurement, value for money, local firm, and life-saving commodities. This provision amends the principal Act by inserting a new section 4A called “General principles” after section 4. Procuring entities must act with high equity standards and consider fairness, equal opportunity, and best value for money when carrying out their duties. This provision amends section 6(2) of the principal Act by inserting the word “policy” after “procurement” in paragraph (d).
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Provisions of The Public Procurement (Amendment) Act, 2016
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Part
PART I
- 1 Verify source ↗
Construction
This section gives the Act’s short title and says it is to be read together with the Public Procurement Act.
1. This Act may be cited as the Public Procurement (Amendment) Act, 2016 and shall be read as one with the Public Procurement Act, hereinafter referred to as the “principal Act”. 2 No. 5 Public Procurement (Amendment) Act 2016 PART II GENERAL AMENDMENTS Amendment of section 3 Cap .47
Part
PART II
- 2
This section amends definitions in section 3 of the principal Act, including procurement, value for money, local firm, and life-saving commodities.
2. Section 3 of the principal Act is amended- (a) by deleting the definition of the term “defence and national security organs” and substituting for it the following: “defence and national security organs” has the meaning ascribed to it under the National Security Council Act;” (b) in the definition of the word “procurement”, by the words “preparation and award of deleting contracts” and substituting for them the words “preparation, award and management of contracts”; (c) by inserting in its appropriate alphabetical order, the following new definition: “ “value for money” means the maximum benefit from goods, works or services procured with the resources available worth the cost incurred;” (d) immediately after paragraph (d) inserting the following: “ “local firm” means a firm whose majority share capital is owned by citizens of the United Republic” (e) inserting immediately after the proposed new definition “local firm” the following definition: “life-saving commodities” health medicines, medical devices and health that effectively address leading avoidable causes of death during pregnancy, childbirth and childhood as may be modified from time to time by the Minister in consultation with the Minister responsible for health by order published in the Gazette” includes supplies Addition of section 4A - 3
This provision amends the principal Act by inserting a new section 4A called “General principles” after section 4.
3. The principal Act is amended by adding immediately after section 4, a new section 4A as follows:- “General principles - 4A Verify source ↗
(1) All public procurement and
Procuring entities must act with high equity standards and consider fairness, equal opportunity, and best value for money when carrying out their duties.
4A.-(1) All public procurement and disposal by tender shall be conducted in 3 No. 5 Public Procurement (Amendment) Act 2016 and standards of procureme nt and disposal by tender accordance with the basic principles set out in this Act. to and disposal (2) Subject this Act, all procurement be shall conducted in a manner that maximizes integrity, accountability, economy, efficiency, transparency and achieves value for money. competition, (3) Procuring entities shall, in the execution of their duties, undertake to achieve the highest standards of equity, taking into account- (a) equality of opportunity to all tenderers; (b) fairness of treatment to all parties; and (c) the need to obtain the best value for money in terms of price, quality and delivery, having regards to prescribed specifications and criteria.” Amendment of section 6 Amendment of section 9 - 4
This provision amends section 6(2) of the principal Act by inserting the word “policy” after “procurement” in paragraph (d).
4. The principal Act is amended in section 6(2) by inserting immediately after the word “procurement” appearing in paragraph (d) the word “policy”. - 5
This provision amends section 9(1) to change the duties listed there, including preparing and issuing authorized procurement documents and building capacity for public procurement stakeholders.
5. The principal Act is amended in section 9(1) by- (a) deleting paragraph (d) and substituting for it the following- “(d) in collaboration with the Attorney General’s Chambers and professional bodies, prepare, update and issue authorized versions of the tendering documents, procedural standardized forms and any other documents to procuring entities;” (b) adding immediately after paragraph (m), the following new paragraphs- “(n) build capacity to stakeholders engaged in public procurement issues; obtain price information for standardized common 4 No. 5 Public Procurement (Amendment) Act 2016 (o) use items and services from relevant public bodies with a view to ensuring that the prices conform with the prevailing market prices.” (c) renaming paragraphs (n) and (o) as paragraphs (p) and (q) respectively. Amendment of section 10 - 6
During an investigation, the Authority may order suspension of proceedings or of implementing a matter under investigation.
6. The principal Act is amended in section 10 by adding immediately after subsection (2) the following new subsection- “(3) During the conduct of investigation, the Authority may order the suspension of proceedings or implementation of any matter under investigation”. Amendment of section 18 Amendment of section 20 - 7
This section amends section 18(1) of the principal Act by deleting the word “tenderers” from paragraph (e).
7. The principal Act is amended in section 18(1) by deleting the word “tenderers” appearing in paragraph (e). - 8
This provision amends section 20(1) by replacing specific wording in paragraph (a) with “non-Government entities”.
8. The principal Act is amended in section 20(1) by deleting the words “entities, not of Government” appearing in the fourth line of paragraph (a) and substituting for them the words “non-Government entities”. Amendment of section 23 - 9
Section 23 is amended so that the Chief Executive Officer must be selected from professionals with at least 10 years’ experience in certain fields and with relevant academic qualifications and proven procurement experience.
9. The principal Act is amended in section 23 by deleting subsection (2) and substituting for it the following- “(2) The Chief Executive Officer shall be appointed from amongst professionals with at least ten years experience in either engineering, law, procurement and supplies architecture, management, business surveying, administration, economic development planning or in any other related field, and shall have academic qualifications and experience in such fields including proven record of procurement experience.” quantity Amendment of section 25 Amendment of section 35 - 10
Section 25 is amended by deleting subsection (5).
10. The principal Act is amended in section 25 by deleting subsection (5). - 11
Section 35 is amended by deleting subsections (3), (4) and (5) and renumbering subsection (6) as subsection (3).
11. The principal Act is amended in section 35 by:- (a) deleting subsections (3), (4) and (5); and (b) renumbering subsection (6) as subsection (3). 5 No. 5 Public Procurement (Amendment) Act 2016 Amendment of section 36 - 12
This amendment changes section 36(l) to require submission of procurement contract details and the annual procurement plan, and it requires procurement information to be posted electronically except where there is no electronic infrastructure.
12. The principal Act is amended in section 36(l) by- (a) deleting paragraph (l) and substituting for it the following:- “(l) submitting to the Authority details of procurement contracts awarded and annual procurement plan for the next financial year.” (b) adding immediately after paragraph (m), a new paragraph (n) as follows: “(n) save for areas where there is no electronic infrastructure, ensure that all procurement information posted is electronically; and” (c) renaming paragraph (n) as paragraph (o). promptly - 13 Verify source ↗
Amendment of section 3
This section changes Part V of the principal Act by replacing its title with “SPECIFIC PRINCIPLES OF PUBLIC PROCUREMENT.”
13. The principal Act is amended by deleting the title to Part V and substitute for it the following: “SPECIFIC PRINCIPLES OF PUBLIC PROCUREMENT”
Part
Part V and substitute for it the following:
- 14 Verify source ↗
Repeal of section 47
This section repeals section 47 of the principal Act.
14. The principal Act is amended by repealing section 47. - 15 Verify source ↗
Amendment of section 50
This section amends section 50 of the principal Act by deleting the words “closed or” in subsection (1) and replacing subsection (3) with new text.
15. The principal Act is amended in section 50 by- (a) deleting the words “closed or” appearing in subsection (1); (b) deleting subsection (3) and substituting for it the following:- “(3) For the purpose of this section, an framework terms and “open agreement containing conditions but does not contain agreed price.” agreement” means specified - 16 Verify source ↗
Amendment of section 59
This section amends the principal Act by inserting new sections immediately after section 55.
16. The principal Act is amended by adding immediately after section 55, the following new sections- - 55A Verify source ↗
(1)
Foreign firms in certain emergency consultancy assignments must include local experts and firms, and procuring entities must weight and score local participation in evaluating foreign firms.
55A.-(1) “Inclusion of local firms and experts in consultancy contracts to be Foreign firms awarded non- competing emergency consultancy assignments whether by tender or any other means recognized in this Act shall be required 6 Amendment of Part V Repeal of section 47 Amendment of section 50 Addition of sections 55A, 55B, 55C ,55D and 55E No. 5 Public Procurement (Amendment) Act 2016 to include local experts and firms in their teams . (2) In the evaluation of foreign firms procuring entities shall ensure the principle of mandatory that inclusion of local experts and local firms in non-emergency assignments has been observed and shall be apportioned a weight to reflect its intensity and level. (3) A procuring entity shall, for the purpose of subsection (1), assign weights as follows: (a) in the criteria for participation of local firms, assignment of maximum weight of fifteen percent shall be included in the request for proposal, and firms demonstrate inclusion of local firms of at least fifty percent are granted a full score; and that (b) in the criteria assignment for participation of national experts, of maximum weight of ten percent shall be included in the request for proposal, and firms that demonstrate that at least fifty percent of their key staff who are Tanzanians are granted a full score. Use of local experts in goods, works and non- consultancy 7
Part
Part V
- 55B Verify source ↗
When applying the
A procuring entity must follow the Authority’s guidelines when applying a margin of preference for works and non-consultancy services.
55B. When applying the margin of preference in respect of works non-consultancy services, a procuring entity shall or No. 5 Public Procurement (Amendment) Act 2016 services contract comply with the guidelines issued by shall the Authority, and consider- (a) in to addition shareholding structure in the joint venture, the extent of inclusion of key local staff in the joint venture; (b) the extent of use of locally materials manufactured, produced or mined. Preference to local goods Capacity building of local firms on the - 55C Verify source ↗
Section 55C
Procuring entities must give up to a 15% preference to domestically manufactured or produced goods and related services in certain competitive tenders.
55C. basis In contracts for goods and related services to be awarded of international competitive tendering or national competitive tendering, procuring entities shall grant a margin of preference of up to fifteen percent to domestically manufactured or produced goods and related services as prescribed in the Regulations. - 55D Verify source ↗
(1) A
A procuring entity must set aside contracts for capacity building of local firms after consulting relevant statutory bodies. Firms may form joint ventures if they lack capacity, and the Minister may make regulations on procedures under this section.
55D.-(1) A procuring entity shall, after consultation with relevant statutory bodies, set aside contracts the purpose of capacity building of local firms. to be used for (2) Where individual firms lack the capacity to execute the contracts, the firms may form joint ventures with a view to enhancing their capacity. (3) The Minister may prescribing make Regulations 8 No. 5 Public Procurement (Amendment) Act 2016 procedures for capacity building of local firms under this section.” - 55E Verify source ↗
Notwithstanding any
A local firm covered by the cited sections must have share capital wholly owned by citizens of the United Republic.
55E. Notwithstanding any other provision to the contrary, local firm under section 55A, 55B, 55C and 55B shall have a share capital which is wholly owned by citizens of the United Republic” Amendment of section 59 - 17 Verify source ↗
Amendment of section 60
This provision amends section 59 of the principal Act by deleting subsection (6).
17. The principal Act is amended in section 59 by deleting subsection (6). Amendment of section 60 - 18 Verify source ↗
Addition of section 60A
This section amends section 60 and adds section 60A.
18. Section 60 of the principal Act is amended- (a) in subsection (3), by deleting the word “fourteen” appearing in the fourth line and substituting for it the word “seven working”; (b) subsection (11), by deleting the words “when a written acceptance of a tender is communicated to the successful tenderer” and substituting for them the words “when the formal contract is signed by parties to the contract” Addition of section 60A - 19 Verify source ↗
Amendment of section 63
This section amends the principal Act by inserting a new section 60A after section 60.
19. The principal Act is amended by adding immediately after section 60, a new section 60A as follows: “Witnessing contract signing of Cap. 12 9 - 60A Verify source ↗
(1) Witnessing
Contract signing must be witnessed according to the law or the relevant instrument for the procuring entity; if no witnessing method is provided, persons listed under the Notaries and Commissioner for Oaths Act may witness it.
60A.-(1) Witnessing of signing of a contract shall be done in accordance with the law or any other relevant instrument legal which establishes procuring the entity concerned. (2) Where the law or a legal instrument does not provide for the manner of witnessing the signing of contracts, any person enumerated under the Notaries and Commissioner for Oaths Act shall be eligible to witness the Public No. 5 Public Procurement (Amendment) Act 2016 Amendment of section 63 - 20 Verify source ↗
21. Amendment of section 64
This provision amends the principal Act by replacing section 63 with new text about signing of contracts and e-procurement.
20. The principal Act is amended by deleting section 63 and substituting for it the following: signing of contracts.” “e-procurement - 63 Verify source ↗
Procuring entities shall ensure
Procuring entities must ensure procurement or disposal is carried out by tender and electronically, or manually when electronic facilities are not available.
63. Procuring entities shall ensure that procurement or disposal by tender and electronic through reported procedures or manually where electronic facility is not available.” implemented is Amendment of section 64 - 21 Verify source ↗
Amendment of section 64
This section amends section 64 to require a procuring entity to set aside a specific percentage of procurement volume under the regulations, adds a definition of “special groups,” and explains when force account may be justified.
21. Section 64 of the principal Act is amended- (a) in subsection (2), by:- (i) (ii) adding the words “including special groups” at the end of paragraph (c); and deleting the closing phrase and substituting for it the following: “the procuring entity shall set aside a specific percentage of the procurement volume in accordance with the the set Regulations”. procedures out in (b) in sub-section (3) by adding the following new paragraph- “(c) “special groups” includes women, youth, elderly and persons with disability”.” (c) by adding immediately after subsection (4) the following new subsections: “(5) The use of force account may be justified where: (a) the works are small, scattered and in location for which qualified remote construction firms are unlikely to tender at a reasonable prices; (b) work is required to be carried out without disrupting ongoing operations; (c) there is an emergency that needs immediate attention. 10 No. 5 Public Procurement (Amendment) Act 2016 (6) For the purposes of subsection(5), “force account” means a process where works are carried out by a public or semi public departments or agencies by using its personnel and equipment or in collaboration with any other public or private entity.” Amendment of section 65 Addition of sections 65A and 65B - 22 Verify source ↗
Amendment of section 65
This provision amends section 65 of the principal Act by replacing “urgent” with “emergency,” deleting subsections (3) and (4), renumbering later subsections, and updating one internal reference.
22. Section 65 of the principal Act is amended- (a) in subsection (1), by deleting the word “urgent” and substituting for it the word “emergency”; (b) in subsection (2), by deleting the word “urgent” appearing in paragraph (a) and (b) and substituting for it the word “emergency” (c) by deleting subsections (3) and (4); (d) by renumbering subsections (5) to (8) as subsections (3) to (6) respectively; and (e) in subsection (5) as renumbered by changing the reference to subsection (8) as reference to subsection (6). - 23 Verify source ↗
Addition of sections 65A and 65B
This provision amends the principal Act by adding new sections immediately after section 65.
23. The principal Act is amended by adding immediately after section 65 the following new sections- “Procureme nt directly from manu- facturer, dealers or service providers - 65A Verify source ↗
(1) A procuring entity
A procuring entity or the Agency must buy goods or services directly from specified suppliers to get value for money, and the Minister may make regulations on what may be procured and the direct procurement procedures.
65A.-(1) A procuring entity or the Agency shall, for the purpose of obtaining value for money in terms of price, quality and delivery, procure goods or services directly dealer, a manufacturer, from wholesaler or service provider. (2) The Minister may make Regulations prescribing:- (b) the (a) goods and services to be terms of in procured subsection (1); manner and of procedures directly procurement from manufacturer, dealer, wholesaler or 11 No. 5 Public Procurement (Amendment) Act 2016 Approved procurement Standards service provider. - 65B Verify source ↗
(1) Procurement of
Government procurement of goods must follow established and approved standards, but the Minister may make regulations allowing some goods to be procured without those standards.
65B.-(1) Procurement of goods for Government use shall be done in conformity with established and approved standards. (2) Approved standards referred under subsection (1) shall be- (a) issued relevant by Government organs specified in Regulations made under this Act; and (b) in the manner and procedure prescribed in the Regulations made under this Act. (3) Notwithstanding subsection (1), the Minister may make Regulations for procurement of certain goods for Government use without procurement standards.” approved Addition of section 67A - 24 Verify source ↗
Addition of section 67A
This provision amends the principal Act by inserting a new section after section 67.
24. The principal Act is amended by adding immediately after section 67 the following new section:- “Lifesaving health commodities - 67A Verify source ↗
(1)
Life-saving health commodities, supplies, and equipment are treated as items of public interest, and the procuring entity may fast-track or use emergency procurement with Minister approval.
67A.-(1) Life-saving health commodities, supplies and equipment shall be treated as items of public interest in their procurement. (2) The procuring entity shall, in consideration of their importance and nature, by approval of the Minister, fast-track their procurement process or use emergency procurement. (3) Where the procurement referred to under subsection (1) is to be done under 12 No. 5 Public Procurement (Amendment) Act 2016 procurement, procedure emergency stipulated under section 65 shall, with necessary modifications, apply.” the Amendment of section 73 - 25 Verify source ↗
Amendment of section 76
This section changes section 73(5) of the principal Act, removing one cross-reference and correcting “e-examination” to “examination”.
25. The principal Act is amended in section 73(5) by- (a) deleting the words “Subject to the provisions of section 60(3), after” and substituting for them the word “After”; and (b) deleting the word “e-examination” and substituting for it the word “examination”. Amendment of section 76 - 26 Verify source ↗
Amendment of section 77
This provision amends section 76(2) of the principal Act by deleting paragraphs (c) and (d) and renumbering paragraph (e) as paragraph (c).
26. The principal Act is amended in section 76(2) by- (a) deleting paragraphs (c) and (d); (b) renaming paragraph (e) as paragraph (c). Amendment of section 77 - 27 Verify source ↗
Amendment of section 83
This section amends section 77(1) by deleting the word “is” in paragraph (b).
27. The principal Act is amended in section 77(1) by deleting the word “is” appearing in paragraph (b). Amendment of section 83 - 28 Verify source ↗
Amendment of section 88
If a procuring entity finds specified fraudulent or corrupt procurement practices, it must reject the award, report the person or tenderer for blacklisting/debarment, and may require reimbursement and cancellation of undisbursed contract funds; the Authority must debar and blacklist the person or tenderer for at least ten years in the specified case.
28. Section 83 of the principal Act is amended by:- (a) deleting subsections (2), (3) and (4) and substituting for them the following- “(2) Where a procuring entity is satisfied, after due diligence, that any person or firm to which it is proposed that a tender be awarded, has engaged in fraudulent, collusive, coercive or obstructive practices the contract in question, the procuring entity shall- in competing for (a) reject a proposal for award of such contract; and (b) report any person or its directors for in including Authority blacklisting section 62 of the Act. tenderer, to the and debarment accordance with (3) Where a procuring entity is satisfied after determination by a court or Appeals Authority, as the case may be, that corrupt, fraudulent, collusive, coercive or obstructive practices were engaged in by any person or 13 No. 5 Public Procurement (Amendment) Act 2016 tenderer in procurement, award of contract or the execution of that contract, the procuring entity shall- (a) report any person or its directors, for in including Authority blacklisting section 62 of the Act; tenderer, the to debarment and accordance with (b) require such person or tenderer to reimburse the portion of disbursed funds and cancel the portion of undisbursed funds to a contract for goods, works or services. (4) Save as provided in this Act, the Authority shall debar and blacklist such person or tenderer determined in terms of subsection (3)(a) including its directors, for the period of not less than ten years. (5) The determination by court under sub section (3) shall be sufficient proof for the Authority to debar and blacklist such a person or tenderer, including its directors.” (b) renumbering subsections (5) and (6) as subsections (6) and (7) respectively. Amendment of section 88 - 29
This provision amends section 88 of the principal Act by deleting subsection (4) and renumbering later subsections.
29. The principal Act is amended in section 88 by- (a) deleting subsection (4); and (b) renumbering subsections (5), (6) and (7) as subsections (4), (5) and (6) respectively. Amendment of section 89 - 30 Verify source ↗
Amendment of section 89
This section amends section 89(3) so the opening phrase is replaced to say the Executive Secretary shall be responsible for something, and the word “control” in paragraph (c) is changed to “management.”
30. Section 89(3) of the principal Act is amended- (a) by deleting the opening phrase and substituting for it the following- “(3) The Executive Secretary shall be responsible for:” (b) by deleting the word “control” appearing in paragraph (c) and substituting for it the word “management.” Amendment - 31 Verify source ↗
Amendment of section 93
This provision amends the principal Act in section 91 and deletes text from subsection (3).
31. The principal Act is amended in section 91 by deleting 14 No. 5 Public Procurement (Amendment) Act 2016 of section 91 subsection (3). Amendment of section 93 - 32 Verify source ↗
Amendment of section 95
This section amends section 93 of the principal Act by replacing references to the Members of the Appeals Board or Appeals Authority with the Permanent Secretary of the Ministry responsible for finance.
32. Section 93 of the principal Act is amended- (a) in subsection (1), by deleting the words “Members of the Appeals Board” and substituting for them the words “Permanent Secretary of the Ministry responsible for finance”; (b) in subsection (2), by deleting the words “Members of the Appeals Authority” and substituting for them the words “Permanent Secretary of the Ministry responsible for finance”; (c) in subsection (3), by deleting the words “Members of the Appeals Authority” and substituting for them the words “Permanent Secretary of the Ministry responsible for finance”; Amendment of section 95 Amendment of section 96 - 33 Verify source ↗
Amendment of section 96
This provision amends section 95 of the principal Act by deleting subsection (3).
33. The principal Act is amended in section 95 by deleting subsection (3). - 34 Verify source ↗
Amendment of section 97
This provision amends section 96 of the principal Act by replacing two time periods with shorter periods.
34. Section 96 of the principal Act is amended- (a) in subsection (4) by deleting the words “twenty eighty days” and substituting for them the words “seven working days” (b) in subsection (6) by deleting the word “fourteen” and substituting for it the word “seven working” Amendment of section 97 - 35 Verify source ↗
Amendment of section 99
A tenderer may complain to the Appeals Authority within seven working days, and the Authority’s decision is binding and enforceable.
35. Section 97 of the principal Act is amended- (a) in subsection (2), by deleting the closing phrase and substituting for it the following closing phrase- “the tenderer may make a complaint to the Appeals Authority within seven working days from the date of communication of the decision by the accounting officer or upon the expiry of the period within which the accounting officer ought to have made a decision.” (b) in subsection (3), by deleting the word “fourteen” appearing in the fifth line and substituting for it the word “seven working”; (c) in subsection (5), by adding immediately after paragraph (f) the following new paragraphs: 15 No. 5 Public Procurement (Amendment) Act 2016 “(g) order payment of compensation to the procuring entity for any reasonable cost incurred by procuring entity in whose favor a decision has been made by the Appeals Authority; (h) set aside, vary or confirm the decisions made by the Authority to blacklist; or (i) any other order or relief as it may deem fit to grant.” (d) by deleting subsection (8) and substituting for it the following:- “(8) The decision of the Appeals Authority shall be binding on the parties to the complaint or appeal and shall be enforceable in the same manner as a decree or order of the court”. Amendment of section 99 - 36 Verify source ↗
Amendment of section 101
This section amends section 99 of the principal Act, including changing a time period from seven days to seven working days.
36. Section 99 of the principal Act is amended by- (a) deleting subsections (1) and (2); (b) renumbering subsections (3) and (4) as subsections (1) and (2) respectively; (c) in subsection (1) as renumbered- (a) by inserting the words “made pursuant to sections 96 and 97 after the words “Appeals Authority”; (b) by deleting the word “seven days” appearing in the second line and substituting for them the words “seven working days” Amendment of section 101 - 37 Verify source ↗
Amendment of section 105
This provision changes a procurement appeal procedure so the procuring entity and a public-institution tenderer must state their positions to the Attorney General immediately after the High Court grants leave.
37. Section 101 of the principal Act is amended- (a) in subsection (2) by deleting paragraph (b) and substituting for it the following- “(b) in the case of an application by a procuring entity or a tenderer who is a public institution challenging the decision of the Appeals Authority, the procuring entity and tenderer shall state their positions to the Attorney General immediately after leave has been granted by the High Court.” 16 No. 5 Public Procurement (Amendment) Act 2016 Amendment of section 105 (b) in subsection (3) by deleting the words “in accordance with Order XXXIV of the Civil Procedure Code” appearing at the end of that subsection. - 38 Verify source ↗
Amendment of the Second Schedule
This section amends section 105(2) of the principal Act by adding “lifesaving health commodities” and new procurement-related paragraphs, deleting “and,” and renumbering a paragraph.
38. The principal Act is amended in section 105(2) by- (a) inserting immediately after the word “aircrafts” appearing in paragraph(d) the following: “lifesaving health commodities” (b) deleting the word “and” appearing in paragraph (w); (c) adding immediately after paragraph (w) the following new paragraphs: “(x) procurement procedures for commercial use by public bodies; and (y) procedures for emergency procurement;” (d) renaming paragraph (x) as paragraph (z). - 39 Verify source ↗
Amendment of the Third Schedule
This section amends the schedules in the principal Act: paragraph 5 is changed to require meetings to be held quarterly, and the board may also convene an extra-ordinary meeting if the Chairman determines it.
39. The principal Act is amended in the Second Schedule by- Amendment of the Second Schedule (a) deleting the words “not less than once in a month, as the Chairman may determine.” appearing at the end of paragraph 5 and substituting for them the word “quarterly:”; and (b) adding immediately after paragraph 5 the following proviso:- “Provided that, the board may convene an extra-ordinary meeting as the Chairman may determine.” Amendment of the Third Schedule
Part
Schedule
- 40
This section amends the Third Schedule of the principal Act by deleting paragraphs 3 and 8 and renumbering paragraphs 9 and 10 as paragraphs 8 and 9.
40. The principal Act is amended in the Third Schedule by- (a) deleting paragraphs 3 and 8; and (b) renumbering paragraphs 9 and 10 as paragraphs 8 and 9 respectively. Passed by the National Assembly on the 29th June, 2016. THOMAS DIDIMU KASHILILAH Clerk of the National Assembly 17
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