Zambia Act or statute

Zambia legislation

Public Procurement (Amendment) Act, 2011

Procurement may only be carried out by a person who is qualified and knowledgeable in procurement under the Zambia Institute of Purchasing and Supply Act, 2003. This amendment inserts a new subsec…

administrative transitionapproval thresholdscapacity assessmentcapacity buildingcommittee authorityconflict of interestdisciplinary sanctionsgovernanceinstitutional structureinternal governanceprocurementprocurement approvalsprocurement authorisationprocurement confidentialityprocurement governanceprocurement oversightpublic procurementpublic service employmentsecretariat supportstatutory amendmentstatutory text amendmentsubmission processtender committee governance

Jurisdiction: Zambia
Structure: 17 provisions
Citation: Act 15 of 2011
Dates: Undated source snapshot

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Purpose and legislative effect

“Procurement may only be carried out by a person who is qualified and knowledgeable in procurement under the Zambia Institute of Purchasing and Supply Act, 2003.”

Procurement may only be carried out by a person who is qualified and knowledgeable in procurement under the Zambia Institute of Purchasing and Supply Act, 2003. This amendment inserts a new subsection requiring a Procurement Committee to appoint the chairperson of the sub-committee and the head of the procurement unit as ex-officio member and secretary. This amendment lets the Authority cancel or restart procurement authorisation if it was issued by an unauthorised approvals authority, and lets the Authority allow procurement to continue if it was transparent and in the public interest. This provision amends section 39 by deleting the words "in public procurement standards" after "Authority" in subsection (4). A public officer and a member of a Procurement Committee must keep procurement-related information and bidders’ proprietary information confidential.

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Section twelve of the principal Act is amended by the deletion Amendment

Procurement may only be carried out by a person who is qualified and knowledgeable in procurement under the Zambia Institute of Purchasing and Supply Act, 2003.

Section 2

The principal Act is amended in sectionforty by the deletion

A public officer and a member of a Procurement Committee must keep procurement-related information and bidders’ proprietary information confidential.

Section 6

The First Schedule to the principal Act is amended by the Amendment

The First Schedule is amended, and paragraph (I) is replaced to establish the Board of the Authority as the Authority’s governing body.

Section 10

(I) The function of the Central Tender Committee is to ensure

The Central Tender Committee must ensure procurement it reviews is lawful, act as the highest approvals authority during the interim period, and route submissions and decision notices through the procuring entity’s Procurement Committee.

Section 3

(!) The Authority shall issue levels of authority for each

The Authority must set authority levels for each procuring entity, assess procurement capacity at least yearly, and review ratings when requested. Procurement above the set level needs prior authorisation from the Central Tender Committee.

Section 7

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Showing 17 of 17 provisions

Amendment 7Substitution 5Provision 4Repeal

§ 2Section twelve of the principal Act is amended by the deletion AmendmentSubstitution

Procurement may only be carried out by a person who is qualified and knowledgeable in procurement under the Zambia Institute of Purchasing and Supply Act, 2003.

2. Section twelve of the principal Act is amended by the deletion Amendment ection 12 of subsection (2) and the substitution therefor of the following: � , (2) A procurement shall only be carried out by a person, qualified and knowledgeable in proc�rement in accordancf with the Zambia Institute of Purchasing and Supply Act, 2003.

Section 2Verify source

§ 3The principal Act is amended in section nineteenAmendment

This amendment inserts a new subsection requiring a Procurement Committee to appoint the chairperson of the sub-committee and the head of the procurement unit as ex-officio member and secretary.

3. The principal Act is amended in section nineteen (a)_by'fhe insertion;pf''(l)" between "19" and "A"; and (b) by the insertion, immediately after subsection( !), of the · following new subsection: (2) A Procurement Committee shall;::- ( a) appoint the chairperson of the sub-committee referred to in subsection(!); and (b) appoint the head of a procurement unit in an institution where a sub-committee is established, as an ex-officio member of, and secretary to, the sub-committee.

Section 3Verify source

§ 4Section twenty-two of the principal Act is amendedSubstitution

This amendment lets the Authority cancel or restart procurement authorisation if it was issued by an unauthorised approvals authority, and lets the Authority allow procurement to continue if it was transparent and in the public interest.

4. Section twenty-two of the principal Act is amended- (a) in subsection(!), by the deletion of paragraph (b) and the Act No. 15 of 2003 Amendment of section 19 Amendment of section 22 substitution therefor of the following: ., (b) standard solicitation documents prior to their issue, upon approval by the Authority; (b) by the deletion of subsection (8) and the substitution therefor ofthe following: Copies of this Act can be obtained from the Government Printer, P.O.Box 30136, 10101 Lusaka Price K3,000 each 208 No. 15 of2011] Public Procurement (Amendment) (8) The authorisation of the appropriate approvals authority shall be obtained for all subsequent stages of the procurement process; and (c) by the insertion immediately after subsection (8) of the following new subsection: (9) The authorisation issued under subsection (8) may be cancelled or re-started on the ground that the authorisation was given by an approvals authority not authorised to do so under this Act: Provided that the Authority may authorise the continuation o f the procurement where it determines that the procurement was conducted in a transparent manner and that it is in the public interest-to do so.

Section 4Verify source

§ 5Section thirty-nine of the principal Act is amended inSubstitution

This provision amends section 39 by deleting the words "in public procurement standards" after "Authority" in subsection (4).

5. Section thirty-nine of the principal Act is amended in subsection ( 4) by the deletion, immediately after the word "Authority", of the words "in public procurement standards". Amendment of section 39 Amendment of section 40 of subsection (I) and the substitution therefor of the following:

Section 5Verify source

§ 6The principal Act is amended in sectionforty by the deletionAmendment

A public officer and a member of a Procurement Committee must keep procurement-related information and bidders’ proprietary information confidential.

6. The principal Act is amended in sectionforty by the deletion (I) A public officer and a member of a Procurement Committee shall keep confidential the information that comes into the public officer's and member's possession relating to procurement proceedings and bids, including any bidders proprietary information. Amendment

Section 6Verify source

§ 7Sectionfifty-four of the principal Act is amended in paragrapllSubstitution

This provision amends section 54 of the principal Act by replacing “fifty-one” with “fifty-three” after the word “section” in subsection (2)(b).

7. Sectionfifty-four of the principal Act is amended in paragrapll of section 54 (b) of subsection (2) by the deletion, immediately after the word "section", of the words ''fifty-one" and the substitution therefor of the words ''fifty-three". Amendment

Section 7Verify source

§ 8Section seventy-three of the principal Act is amended inAmendment

This provision amends section 73 by deleting specified words after “is employed” in subsection (i).

8. Section seventy-three of the principal Act is amended in of section 73_ subsection (I) by the deletion, immediately after the words "is employed", of the words "or over which the public officer exercises any supervisory or oversight authority". Amendment of section 75

Section 8Verify source

§ 9Section seventy':five of the principal Act is amended by theAmendment

The Authority may recommend administrative and legal sanctions against a public officer who contravenes the Act.

9. Section seventy':five of the principal Act is amended by the insertion, immediately after subsection (2), of the following new subsection: (3.) Without prejudice to the generality of subsection (2), the Authority may, where a public officer contravenes any prpvision of this Act, recommend to the employer appropriate administrative and legal sanctions on the public officer, including- (a) disciplinary proceedings; (b) suspension from employment; (c) demotion; ( d) surcharge; - . Public Procurement (Amendment) [No. 15 of2011 209 (e) transfer or refusal of transfer; (/)summary dismis'sal; or (g) any other recommendation that the Authority may

Section 9Verify source

§ 10The First Schedule to the principal Act is amended by the AmendmentSubstitution

The First Schedule is amended, and paragraph (I) is replaced to establish the Board of the Authority as the Authority’s governing body.

10. The First Schedule to the principal Act is amended by the Amendment consider appropriate. deletion of paragraph (I) and the substitution therefor of the First following: Schedule (I) There is hereby established the Board of the Authority which shall be the governing body of the Authority and shall exercise and perform the powers and functions of the Authority.

Section 10Verify source

Part

Schedule

§ 11The principal Act is amended by the repeal of the SecondRepeal

This section amends the principal Act by repealing the Second Schedule and replacing it with a new Second Schedule in the Appendix.

11. The principal Act is amended by the repeal of the Second Schedule and the substitution therefor of the Second Schedule set out in the Appendix. APPENDIX (Section 11) SECOND SCHEDULE , (Section 84) TRANSITIONAL PROVISIONS Repeal and replacement of Second Schedule

Section 11Verify source

§ 1This Act may be cited as the Public ProcurementProvision

This section says the Part ends on 31 December 2012 unless the Minister sets a later date, and it gives the Authority interim duties.

1. (!) The provisions of this Part shall cease to have effect on 31st December, 2012, or such later date prescribed by the Minister by statutory instrument. Interim arrangements (2) During the interim period, the Authority shall manage and effect a gradual decentralisation process and shall- entities; Committee; ( a) provide secretariat services to the Central Tender (b) assess the capacity of procuring entities; (c) issue and update the levels of authority for procuring (d) advise procuring entities on the actions needed to improve (e) facilitate capacity building in procuring entities; and (I) advertise locally and abroad all tenders for the procurement of goods, works and services for Government, local authorities, parastatals and statutory bodies.

Section 1Verify source

§ 2(1) There is hereby established the Central TenderAmendment

The Central Tender Committee is established and its members are appointed by the Minister.

2. (1) There is hereby established the Central Tender Committee, which shall consist of the following part-time members appointed by the Minister: their capacity ratings; (a) the Permanent Secretary responsible for financial management and administration, who shall be the Chairperson; (b) the Vice-Chairperson, who shall be a Permanent Secretary; (c) eight Permanent Secretaries; (d) a representative of the Attorney-General; (e) the Deputy Governor of the Bank of Zambia responsible for administration; Establishment of Central Tender Committee 210 No. 15 of2011] (, .... Public Procurement (Amendment) ,. (/)the Commissioner-General of the Zambia Revenue Authority; (g) the Director of Budget; and (h) the Director-General and the Secretacy to the Authority, who shall be ex-officio members of the Committee. (2) The members shall elect the Vice-Chairperson from among the members who are Permanent Secretaries. (3) A member appointed under sub-paragraph (I) may, in writing, appoint a senior officer from the organisation that the member represents to be the alternate and to attend and participate in their stead 'lt any meeting of the Central Tender Committee which the member is unable to attend.

Section 2Verify source

§ 3(I) The function of the Central Tender Committee is to ensureProvision

3. (I) The function of the Central Tender Committee is to ensure that all procurement submitted for its prior authorisation is conducted in accordance with this Act. (2) The Central Tender Committee shall be the highest approvals authority, during the interim period only, and shall provide prior authorisation of specified stages of the procurement process in accordance with this Act. (3) The Central Tender Committee shall have an unlimited level of authority, but shall have no authority over any procurement which falls within a procuring entity's level of authority. ( 4) In order to build capacity in Procurement Committees- (a) all submissions to the Central Tender Committee shall be made through the procuring entity's Procurement Committee, whichrnayrejectasubmissionandrequire corrections to be made, before onward submission to the Central Tender Committee; and (b) all decisions of the Central Tender Committee shall be sent to, or copied to, the procuring entity's Procurement Committee, with written explanations of the reasons for the rejection of a submission or any other variations recommended to be made.

Section 3Verify source

§ 4Subject to the other provisions of this Act, the Central TenderProvision

The Central Tender Committee must regulate its own procedure, subject to the other provisions of the Act.

4. Subject to the other provisions of this Act, the Central Tender Committee shall regulate its own procedure.

Section 4Verify source

§ 5( 1) The Authority shall provide secretariat services to theAmendment

The Authority must provide secretariat services to the Central Tender Committee and help Procurement Units when procurement value exceeds their capacity rating.

5. ( 1) The Authority shall provide secretariat services to the Central Tender Committee which shall include the performance of the functions of Procurement Units specified under this Act, where the value of the procurement is above the capacity rating of the Procurement Unit of a procuring entity. Powers and · functions of Central Tender Committee Proceedings ofCentrar Tender Committee Secretariat of Central Tender Committee Public Procurement (Amendment) [No. 15 of 2011 211 Separation of functions in Authority Levels of authority and capacity ratings for pro�1;1ring entities (2) Notwithstanding the provisions of sub-paragraph (!), in order to build capacity in Procurement Units, the Authority shall (a) work with the staff ofa Procurement Unit of a procuring entity in performing the functions; and (b) review and advise on the work of the Procurement Unit, prior to its submission to the relevant approvals authority.

Section 5Verify source

§ 6(I) In order to maintain independence of functions, theProvision

The Authority must keep its secretariat functions separate from its other functions, and secretariat staff must not also do listed oversight or conflict-of-interest functions.

6. (I) In order to maintain independence of functions, the Authority shall ensure a separation of its secretariat functions performed pursuant to paragraph 5 from all its other functions. (2) The Authority shall establish a structure which ensures that staff are involved in either secretariat functions or other functions, but not both. (3) Staff involved in providing secretariat services shall not be involved in- ( a) monitoring compliance and procurement performance; (b) assessing the capacity of procuring entities or determining levels of authority; (c) deciding on a list of bidders or suppliers to be suspended from participating in public procurement; or (d) any other function which could be considered a conflict of interest.

Section 6Verify source

§ 7(!) The Authority shall issue levels of authority for eachAmendment

7. (!) The Authority shall issue levels of authority for each procuring entity which shall be determined by the capacity of each procuring entity to undertake procurement. (2) All procurement with a value above the level of the authority determined under sub-paragraph(!) shall be submitted to the Central Tender Committee for prior authorisation in accordance with paragraph 3. (3) The Authority shall assess the procurement capacity of each procuring entity regularly and not less than once in twelve months. (4) An assessment under sub-paragraph (3) shall be conducted in accordance with guidance provided in regulations made under this Act and shall take into ·account the capacity of both the Procurement Committee and the Procurement Unit. (5) The Authority shall, after each capacity assessment of a procuring entity- (a) advise the procuring entity of its capacity rating and level ofauthority; {b) advise the procuring entity on the actions needed to improve its capacity rating; and 212 No. 15 of2011) . . Public Procurement (Amendment) (c) facil itate, to the extent possible, any capacity improvements. (6) A procuring entity which has implemented measures to improve its capacity may request the Authority to review its capacity rating and level of authority and the Authority shall undertake the review as soon as possible, but in no case later than three months from the date of the request. • i

Section 7Verify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Act. 4. Subject to the other provisions of this Act
Section 4
Authority as the Authority’s governing body. 10. The First Schedule to the principal Act
Section 10

N–S

4 instruments

principal Act
Section 7
Procurement Units specified under this Act
Section 5
Purchasing and Supply Act, 2003
Section 2
Second This section amends the principal Act
Section 11

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