Citizens Economic Empowerment (Preferential Procurement) Regulations, 2011

This provision states the short title the Regulations may be cited by.

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Jurisdiction: Zambia
Instrument: Statutory instrument
Citation: SI 36 of 2011
Version: 15 Apr 2011
Language: en
Official source: View official record ↗

bid evaluation bidding preferential pricing procurement procurement bid cancellation public procurement reservation thresholds solicitation documents workforce composition

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This provision states the short title the Regulations may be cited by. This section defines several terms used in the Regulations, including Authority, bid, Commission, functionality, and State institution. A State institution must apply a preferential procurement system under the Act and these Regulations. A State institution may adjust a bid’s preferential price when evaluating bids, using set percentage increases for different categories of companies and domestically manufactured goods. The Commission and the Authority must reserve certain public procurements for specified citizen-based companies when the values are within set limits.

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Provisions of Citizens Economic Empowerment (Preferential Procurement) Regulations, 2011

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1
These Regulations may be cited as the Citizens Economic Title
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AI-assisted research summary: This provision states the short title the Regulations may be cited by.

1. These Regulations may be cited as the Citizens Economic Title Empowerment (Preferential Procurement) Regulations, 2011.
2
Section 2
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AI-assisted research summary: This section defines several terms used in the Regulations, including Authority, bid, Commission, functionality, and State institution.

2. In these Regulations, unless the context otherwise requires- "Authority." means thi;-ZambiaPublic ProcurementAuthority provided for under section.five of the Public Procurement Act,2008; Interprelalion Ac!No. 12of 2008 " bid" has the meaning assigned to it in the Public Procurement Act No. 12 of Act, 2008; " Commission " has the meaning assigned to it in the Act; "functionality" means the capability of a service or commodity to provide an acceptable level of performance taking into account, among other things, the quality, reliability, viability and durability of the service or commodity and fitness for purpose;and "State institution.'.' has the meaning assigned to it in the Act.
3
A State institution shall apply a preferential procurement
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AI-assisted research summary: A State institution must apply a preferential procurement system under the Act and these Regulations.

3. A State institution shall apply a preferential procurement system in accordance with the Act and these Regulations. 2008 Application of preferential procurement system treatment
4
A St.;1te institution may, in evaluating a bid, adjust the bid Preferential
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AI-assisted research summary: A State institution may adjust a bid’s preferential price when evaluating bids, using set percentage increases for different categories of companies and domestically manufactured goods.

4. A St.;1te institution may, in evaluating a bid, adjust the bid Preferential price in order to facilitate preferential evaluation of a bid as follows: (a) for a citizen-influenced company, by four percent; {b) for a citizen-empowered company, by eight percent; (c) for. a citizen-owned company, by twelve percent; and (d) for domestically manufactured goods by a citizen- influenced company, citizen-empowered company and citizen-owned company, by fifteen percent. Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30/36, /0/01 Lusaka, Price K2,000 each ' I I \ I 138 Statutory Instruments 15th April, 2011 .. ,, . . . Reservation schemes Non consulting services Staff of foreign bidder
5
(1) The Commission and the Authority shall reserve a public
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AI-assisted research summary: The Commission and the Authority must reserve certain public procurements for specified citizen-based companies when the values are within set limits.

5. (1) The Commission and the Authority shall reserve a public procurement for a citizen-influenced company, citizen-empowered company or citizen-owned company with estimated values as follows: (a) with respect to goods, public ·procurement of goods not exceeding three billion kwacha (K3,000,000,000.00); and (b) with respect to works- (i) building construction works not exceeding twenty billion kwacha (K20,000,000,000.00); and (ii) civi!•and road works not exceeding thirty billion kwacha (K30,000,000,000.00). (2) A citizen-influenced company, citizen-empowered company or a citizen-owned company participating in a public procurement that exceeds the estimated values provided for in sub-regulation (!) shall not be eligible for reservation as specified in sub-regulation (1) . 6. A procurement of a non-cons•1lting service below the value of one billion kwacha (Kl,000,000;000.00) shall, unless it is not possible to acquire the services of a citizen-influenced company, citizen-empowerment company or citizen-owned company, be exclusively reserved for a citizen-influenced company, citizen empowerment company or citizen-owned company.
7
A foreign bidder who is awarded a contract and requires
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AI-assisted research summary: A foreign bidder awarded a contract should, where practicable, make sure at least 40% of its key personnel are citizens.

7. A foreign bidder who is awarded a contract and requires personnel in order to execute the contract shall, where practicable, ensure that at.least forty percent of its key personnel are citizens.
8
(1) A State insti�ution ·shall indicate; in the solicitation
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AI-assisted research summary: State institutions must say in the solicitation documents whether bids will be assessed for functionality and what the functionality criteria are; procurement units must disqualify bids that fail the minimum functionality requirement and move qualifying bids to the next evaluation stage.

8. (1) A State insti�ution ·shall indicate; in the solicitation documents in respect of a particular bid invitation, if the bid may be evaluated on its functionality and the evaluation criteria for the funcllonahty spec1fje_4 �.the solicitation <locuments. .-- � - - - • • - - •. - - -- - • - � (2) A Procun;nient Unit' shall disqualify a bid where the bid does not meet the minimum functionality requirement specified in the solicitation documents. · •�1' -- · · Evaluation of bids on. funcl!onahty - - - - -- ---- - -- ,-- Cancellation and re• invitation of bids (3) A Procurement Unit shall consider, for the next stage of the evaluation process, a bid that'µieets the minimum functionality requirement specified in the solicitation documents.
9
A Procurement Unit. shall cancel a bid for procurement
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AI-assisted research summary: A Procurement Unit must cancel a procurement bid if any listed cancellation ground applies.

9. A Procurement Unit. shall cancel a bid for procurement where-- · (a) the need for the procurement has ceased to exist or changed-significantly; (b) funding for the procurement is not sufficient; (c) there is a significant change in the required technical details, bidding conditions, conditions of contract or any other details; / ( ) i 5th April; zifi I Statutory Instruments 139 • (d) the Procurement Unit does not receive responsive bids; (e) there is.evidence ofcollusion among the bidders; (I) it is in the public interest to cancel the bid;· or (g) there is evidence of corrupt practices by a public officer - ora bidder: LUSAKA 12thApril, 2011 [ MFB. l 05/20/9C] , DR s. MusOKOTWANE, Minister of Finance and National Planning 140 Statutory Instruments !SthApril, 2011 )

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Citizens Economic Empowerment (Preferential Procurement) Regulations, 2011

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