THE PUBLIC PROCUREMENT (AMENDMENT) REGULATIONS, 2016

This section says the Regulations may be cited as the Public Procurement (Amendment) Regulations, 2016 and read together with the Public Procurement Regulations, 2013.

This provision amends regulation 2(1) of the principal Regulations by deleting paragraph (d) and moving the word “and” from paragraph (c) to the end of paragraph (b).

This provision amends regulation 3 by deleting several defined terms and replacing certain wording in two definitions.

The amendment adds a new requirement about conformity to established and approved standards.

This provision amends the principal Regulations by changing wording in the text.

This provision amends regulation 9 of the principal Regulations by inserting the words “special groups” and making a wording substitution in subregulation 11(a).

This section amends regulation 13(1)(a) by replacing “fourteen” with “seven”.

This provision amends regulation 16 and replaces part of it so that a procuring entity is not liable solely for invoking sub-regulations (1) in relation to tenderers who submitted tenders.

This section amends regulation 17 on procurement: a procuring entity may reject an abnormally low submission, and it is not liable solely for invoking that rule.

The principal Regulations are amended in regulation 22, including a rule that if there are no established and approved standards, no reference to a particular trade mark, name, patent, design, type, specific origin, or producer may be issued.

This section amends the principal Regulations by adding new text immediately after regulation 22.

A procuring entity must not buy goods that do not meet the approved standards, unless the Act or Regulations say otherwise.

Standards for approved Government construction buildings and furniture are to be issued by the Minister responsible for works and made available to the Authority.

This section amends the principal Regulations by replacing subtitle (b) after regulation 29(6) with wording about preference and exclusive preference for local persons, special groups, or firms.

This section amends the principal Regulations by adding a new regulation after regulation 30, titled “Promotion of special groups.”

A special group is eligible for the preference scheme only if it meets the listed registration, register-entry, membership, and leadership conditions.

Special supporting entities must register special groups before forwarding them to the Authority, and procuring entities must not award contracts to special groups that are not recorded in the Authority’s roll.

A procuring entity must give a 30% exclusive preference in annual procurement for special groups within its jurisdiction.

Special groups must be paid promptly for performed contracts, and the procuring entity must ensure funds are allocated or committed before procurement proceedings.

This section changes several principal procurement regulations: it updates regulation 31, revokes regulations 35 to 37, and amends regulations 39 and 43.

This section amends the principal Regulations by revoking regulations 35, 36, and 37.

This section amends Regulation 39(2) by changing the threshold from more than 60% to 75%.

The principal Regulations are amended by deleting regulation 43 and replacing it with new text.

A procuring entity must set aside certain contracts for capacity building of local firms, consult relevant statutory bodies, avoid competitive tendering for reserved capacity-building contracts, and use negotiated procurement methods; relevant statutory bodies must also ensure support for the local firms involved.

This provision amends regulation 44 by replacing “10(3)” in subregulation (2) with “10(4)”.

This provision amends the principal Regulations, allows the accounting officer to determine staff numbers to vary when needed, and changes a time limit from 21 working days to 14 working days.

The principal Regulations are amended by revoking regulation 61.

The principal Regulations are amended by deleting regulation 63 and replacing it with new text.

For emergency procurement, the accounting officer must assess the need, choose the procurement method, follow the section 65 criteria, identify urgent activities and assistance options, and set the timeframe. The officer must also apply for retrospective approval within seven working days of award.

The principal Regulations are amended by removing the words “and the Agency” from the last line of regulation 64(1).

Regulation 67 is amended by replacing “63(6)” with “63(3)”.

This provision amends regulation 68(1) by replacing “project work” with “procurement.”

This section amends regulation 69(6) by replacing one wording with new wording about what is specified by relevant public bodies and made available to the Authority.

The principal Regulations are amended by deleting specific words from regulation 76.

This section amends regulation 83(1) to add an exception: “except otherwise provided under these Regulations.”

This section amends regulation 86(1) by replacing the words “public body” with “procuring entity.”

This provision amends procurement regulations, including a debarment rule and the term of years mentioned in regulation 93.

This section changes regulation 105(1) so “twenty eight days” becomes “seven working days”.

This amendment changes the administrative review process for disputed tenders: the accounting officer must suspend the disputed procurement/disposal process, consider panel expertise, issue a written decision within seven working days, and the complainant or tenderer must take further steps if no decision is made or if dissatisfied.

This section amends regulation 107(1) and changes the wording on when a matter must be referred to the Appeals Authority.

This section amends regulation 108 by adding wording that the Authority acts in collaboration with the Attorney General’s Chambers and other Professional Bodies.

This provision amends the principal Regulations by deleting regulation 109 and replacing it with new text.

The Accounting Officer must, if asked, send copies of all contracts to the named authorities.

Contract amendments for extra quantities must use the same or lower unit prices, and price increases over 15% need budget approving authority approval.

This section amends regulation 112(2) by replacing “employment of consultant” with “non- consultancy services.” It also indicates an amendment to regulation 115.

This provision amends the principal Regulations by deleting regulation 115 and replacing it with new text.

Public bodies participating in tenders must use approved pricing and approval steps, and accounting officers must keep records and report contract details.

This section changes regulation 122 by replacing “fourteen days” with “seven working days” in subregulation (1).

This section amends regulation 123 by replacing “seven days” with “three working days” in two places.

This section amends regulation 130 of the principal Regulations by deleting one phrase in subregulation (1) and inserting wording in subregulation (2).

This section amends regulation 131 and replaces the prior rule with a requirement for the procuring entity to run a mini competition on prices and obtain Tender Board approval before issuing a local purchase order.

This amendment replaces part of regulation 132 and requires the procuring entity to make payments for delivered and accepted goods or services, claim damages for delayed delivery or other acts, and report breaches of contract or unsatisfactory performance to the Agency and the Authority.

This provision amends the principal Regulations by revoking regulation 133.

This section amends regulation 135(2) by replacing the word “competitive” with “market”.

This provision amends regulation 136 by adding reference to approved standards for specifications and prescribed standards for engineering.

This section amends procurement regulations to allow certain procuring entities to do their own vehicle and heavy-plant repairs and maintenance, and requires every procuring entity to keep maintenance records for inspection.

This section amends regulation 138(1) by replacing a word with a longer standards-compliance phrase.

This provision amends regulation 146 by inserting the words “specifications” and “for” into the quoted phrase.

This section amends regulation 147 by adding the words “establish and approve standards and” after “shall” and before “prepare”.

This section says the principal Regulations are amended by adding new text immediately after regulation 149.

A procuring entity must plan for direct procurement, check standards and terms, and seek quotations or legal guidance where required.

This section amends regulation 150(1) by replacing “services” with “non consultancy services”.

This section amends the principal Regulations by replacing the word “services” in regulation 151(2)(b), (c) and (d) with “non consultancy services” and by adding regulation 151A.

The principal Regulations are amended by adding new text about national, international, and restricted competitive tendering on a fixed budget.

Fixed-budget tendering may be used only when the procurement budget is fixed, and tenders above the indicated budget must be rejected.

This provision amends regulation 152 of the principal Regulations by adding “special groups” in one place and “or special groups” in another.

A procuring entity may use two-stage tendering, request for proposals, or competitive dialogue in the stated procurement situations.

The principal Regulations are amended by deleting regulation 155 and replacing it with new text.

This section sets rules for request-for-proposals procurement, including how notices are published, what information must be included, how proposals are evaluated, and how negotiations are handled.

This provision amends the principal Regulations by deleting regulation 156 and substituting new text.

If a procuring entity uses simultaneous negotiations, it must follow the required tendering and negotiation steps, keep at least three tenderers where possible, and not change key procurement terms during negotiations.

This section amends the principal Regulations by deleting regulation 158 and replacing it with new text, which is only partially shown in the excerpt.

In a competitive dialogue procurement, the procuring entity must conduct the dialogue fairly, keep at least three candidates if enough suitable candidates exist, avoid revealing confidential participant information, and not negotiate best-and-final offers.

This section amends regulation 159 by replacing the word “services” with “non-consultancy services.”

This section amends regulation 160 and replaces the quotation-evaluation rule for procuring entities.

This section amends regulation 164(6) and adds a new subregulation stating that section 60(3) of the Act does not apply for this regulation.

This provision amends regulation 166(3) by replacing the word “services” with “non-consultancy services”.

This section amends regulation 167 and replaces its wording, including the definition of “force account.”

This section changes regulation 168 by inserting the words “under supervision of respective procuring entity” after “component” in subregulation (2).

This section amends regulation 170 of the principal Regulations, replacing one paragraph and renumbering several sub-regulations.

This provision amends the principal Regulations by revoking regulation 171.

This section amends regulation 199(2) by replacing “may” with “shall”.

This provision amends regulation 202 by replacing its marginal note with a new heading.

This section amends regulation 217 and replaces it with new text about using INCOTERMS in evaluating and comparing tenders.

Tender evaluation and comparison must use INCOTERMS prices as stated in the tender document, including installation, training, commissioning, and similar service prices where applicable.

This provision amends regulation 222(1) by replacing “176(2)” with “221(2)”.

This section amends regulation 225 by adding a new item on price reduction for procurement of goods, works, or non-consultancy services, and by renumbering and deleting some paragraphs.

Regulation 231 is amended so that “fourteen days” in subregulation (1) is replaced with “seven working days”.

The accounting officer must send a copy of the award letter to several named authorities.

If an accounting officer accepts a tender, the procuring entity and the successful tenderer must sign a formal contract within 14 working days after all pre-signing conditions are met.

This section amends the principal Regulations by replacing regulation 235 with new text about copies of acceptance notices being forwarded to the Authority.

Procuring entities must send the Authority copies of acceptance notices, with specified tender details, within 14 working days after sending the acceptance notice to the tenderer.

This section amends regulation 252 by changing the marginal note and replacing certain words in subregulations (1) and (2).

This provision amends regulation 254 by inserting the words “direct application or” in subregulation (1), and notes an amendment of regulation 255.

This section amends the principal Regulations, including changes to regulation 255 and revocation of regulations 270 to 272.

This section amends the principal Regulations by revoking regulations 270, 271, and 272.

This section amends regulation 296(2) by replacing “may” with “shall”.

This section amends regulation 297 by replacing its marginal notes with “Evaluation committee for consultancy services,” and it refers to an amendment of regulation 301.

This section changes regulation 301 so that “two weeks” in subregulation (1) becomes “seven working days”.

This section amends regulation 346 of the principal Regulations.

This provision amends the principal Regulations by adding a new item after regulation 354.

Contract awards under e-auctions must be vetted in accordance with the Act.

This section amends regulation 356 and the First Schedule by changing the wording to include “goods” and to insert “works and service” in specified places.

The principal Regulations are amended by deleting the words “at least” wherever they appear in the First Schedule.

This section amends the principal Regulations by deleting the Second Schedule and replacing it with a new schedule of fees for services rendered by the Authority.

This section lists fees in Tanzanian shillings for procurement-related items such as annual procurement plan advertising, tender advertising, and e-PPs registration.

The principal Regulations are amended by replacing a 10% figure with 5% and replacing “2% of each call-off order value” with “TZS 100,000/= per annum per agreement.”

This provision amends the Sixth Schedule by replacing several listed monetary figures in Category A and Category F.

This section replaces the Seventh Schedule with a new table of procurement methods and their application limits for goods, works, non-consultancy services, and disposal of public assets.

The schedule sets minimum procurement processing times for tenderers and says PEs must not reduce them, except in a rejected-tender retendering case where the time may be cut by half.

This section replaces the Twelveth Schedule and sets standard procurement processing times for consultancy services. PEs must not reduce the time for categories 1 and 2, except in a rejected-tender retendering situation that meets the stated conditions.

The principal Regulations are amended by revoking the Sixteenth Schedule and renumbering later schedules.

This provision amends the principal Regulations by replacing the “General” table in the Fourteenth Schedule and changing one percentage entry in the Sixteenth Schedule.