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ACTS SUPPLEMENT No. 6 8th July, 2011. ACTS SUPPLEMENT to The Uganda Gazette No. 45 Volume CIV dated 8th July, 2011. Printed by UPPC, Entebbe, by Order of the Government. |
Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 THE PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSETS (AMENDMENT) ACT, 2011 |
ARRANGEMENT OF SSECTIONS Section Part I—Preliminary
Part II—Amendments to Part I of the Principal Act
Part III—Amendments to Part II of the Principal Act
Part IV—Amendments to Part III of the Principal Act
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Act 11 Section 18. 19.
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24.
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28. 29. 30. 31. 32. 33. 34. 35. |
36. 37. 38. 39. 40. 41. 42. |
43. |
Public Procurement and Disposal of Public Assets (Amendment) Act |
Amendment of section 32 of principal Act Amendment of section 34 of principal Act Replacement of section 39 of principal Act Insertion of new section 40A in principal Act Amendment of section 41 of principal Act Amendment of section 42 of principal Act Part V—Amendments to Part IV of the Principal Act Replacement of section 43 of principal Act Replacement of section 47 of principal Act Replacement of section 50 of principal Act Repeal of section 54 of principal Act Part VI—Amendments to Part V of the Principal Act Amendment of section 56 of principal Act Replacement of section 58 of principal Act Insertion of new section 59A in principal Act Insertion of new section 59 B in principal Act Replacement of section 60 of principal Act Replacement of section 68 of principal Act Amendment of section 71 of principal Act Replacement of section 74 of principal Act Part VI—Amendment of Part VI of the Principal Act Amendment of section 79 of principal Act Amendment of sections 80, 81, 82 and 83 of principal Act Amendment of section 84 of principal Act Amendment of sections 85 of principal Act Amendment of section 86 of the principal Act Amendment of section 87 of the principal Act Insertion of new section 88A in principal Act Part VIII—Insertion of Part VIA in the Principal Act Insertion of Part VIA in principal Act |
2011 |
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 Section |
Part IX—Amendments to Part VII of the Principal Act
Part X—Insertion of Part VII a in the Principal Act
Part XI—Amendments to Part VIII of the Principal Act
Part XII—Amendments to the Schedules to the Principal Act
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 |
THE PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSETS (AMENDMENT) ACT, 2011 An Act to amend the Public Procurement and Disposal of Public Assets Act; to provide for the entities and activities to which the Act applies; to broaden the definition of the term “accounting officer”; to provide for further functions and powers of the Authority; to provide for the composition of the Board; to provide for further functions of the Contracts Committees; to provide for accreditation for alternative procurement systems; to provide for procurement planning; to provide the different types of contracts to be used for procurement; to provide for the procedure for administrative review; to provide for the limitation of contracts with members of procuring and disposing entities; to provide for the suspension of providers; to establish the Public Procurement and Disposal of Public Assets Tribunal; to create new offences; to provide for the making of regulations for procuring and disposing entities outside Uganda and for related matters. Date of Assent: 21st June, 2011 Date of Commencement: See section 1. Be it enacted by Parliament as follows: |
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 Part I—Preliminary
This Act shall come into force on a date appointed by the Minister by statutory instrument. Part II—Amendments to Part I of the Principal Act
Section 2 of the Public Procurement and Disposal of Public Assets Act, in this Act referred to as the principal Act, is amended—
“(c) procurement and disposal by a procuring and disposing entity, within or outside Uganda;”
“(d) procurement financed from specific public finances specified in paragraph (a), in the case of an entity not being of Government, except where the Authority confirms in writing, that the procurement system of the entity is satisfactory; (e) procurement and disposal by a company registered under the companies Act, in which a procuring and disposing entity has majority interest.”;
“(1a) For the avoidance of doubt, the following activities by a procuring and disposing entity are not procurement to which this Act applies— |
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(1b) Subject to subsection (1c), this Act shall not apply to the Auditor General in the selection of private audit firms to undertake any assignment under the mandate of the Auditor General. (1c) The Auditor General shall in exercise of his or her mandate in subsection (1b) apply the principles of transparency and competition in order to ensure value for money.”
Section 3 of the principal Act is amended—
““accounting officer” means—
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(b) |
Public Procurement and Disposal of Public Assets (Amendment) Act 2011 |
(c) a person appointed to perform the functions of accounting officer of an entity not being of Government, to which section 2 (1) (d) applies;”; by substituting for the definition of “procuring and disposing entity” the following— ““procuring and disposing entity” means—
and includes— |
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 |
““authorised officer” means a person appointed as an authorised officer under section 8; “competent authority” means a Government office which has the mandate to perform a specified function; “consultancy service” means a service of an intellectual or advisory nature, provided by a practitioner who is skilled and qualified in a particular field or profession; and includes, but is not limited to, engineering design or supervision, accountancy, auditing, financial services, procurement services, training and capacity building services, management advice, policy studies and advice and assistance with institutional reform; “consultant” means an individual who, or a firm, company, corporation, organisation or partnership which provides consultancy services to a procuring and disposing entity; |
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“emergency situation” means a circumstance which is urgent or unforeseeable or a situation which is not caused by dilatory conduct where—
“information” means written, visual, aural and electronic information; “non-consultancy service” means a service of a skilled or a non-skilled nature, which is not a consultancy service; and includes, cleaning, security and maintenance and repair services; “procurement and disposal notice board” means the notice board of a procuring and disposing entity, which is used to display notices required to be displayed under this Act and regulations made under this Act and to display any other information relating to the procurement and disposal activities of the procuring and disposing entity; |
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“procurement specialist” means a person who is engaged in a profession, occupation or calling in which recourse to procurement is directly or indirectly involved and has such knowledge and experience of the practice of procurement or who is certified or registered by a procurement professional body; “public asset” means any property, tangible or intangible, owned by Government or by a procuring and disposing entity, including physical property, shares, proprietary rights and land, except land held by the Uganda Land commission or a district land board or land which is compulsorily acquired by Government in accordance with the law; “urgent” does not include circumstances that—
disposing entity;
disposing entity;.”
The principal Act is amended by inserting immediately after section 4 the following— “4A. Procurement procedures under bi-lateral tied loans
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Part III—Amendments to Part II of the Principal Act
Section 6 of the principal Act is amended by substituting for paragraph (b) the following— “(b) advise Government, local governments and other procuring and disposing entities on procurement and disposal policies, systems and practices and where necessary, on their harmonisation;”.
Section 7 of the principal Act is amended—
“(c) advise competent authorities on standards for procurement education and training, competence levels and certification requirements;”;
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 “(m) develop a procurement and disposal capacity building strategy for institutional and human resource development;”;
“(n) where applicable, determine the prices of works, services and supplies which are used in common by two or more procuring and disposing entities and which may be subject to common procurement; and review the prices from time to time;”
“(2) The Authority may contract a third party to carry out procurement audits, investigations and inspections.”
section 8 of the principal Act is amended—
“(e) act upon complaints by procuring and disposing entities, providers or any other entity or person, in respect of any procurement or disposal activity, following the procedure in section 91;”;
“(f) suspend a provider from engaging in any public procurement or disposal process, in accordance with section 94.”;” |
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011
“(2) For the purpose of conducting procurement and disposal audits, or compliance checks and investigations, the Executive Director may in writing—
Section 9 of the principal Act is amended—
“(1) Where there is persistent or serious breach of this Act or regulations or guidelines made under this Act, the Authority may—
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011
For section 11 of the principal Act there is substituted, the following— “11. Composition of the Board (1) The Board shall be composed of—
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011
The principal Act is amended by inserting immediately after section 15 the following— “15A. Delegation of functions and powers
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The principal Act is amended by inserting immediately after section 19 the following— “19A. Financial year The financial year of the Authority shall be the same as the financial year of Government.”
Section 21 of the principal Act is amended by substituting for subsection (2) the following— “(2) The annual accounts of the Authority and the procurement and disposal activities of the Authority shall be audited by the Auditor General.”
The principal Act is amended by inserting immediately after section 23 the following— “23A. Compliance with the Public Finance and Accountability Act, 2003 The Authority shall at all times comply with the Public Finance and Accountability Act, 2003.” Part IV—Amendments to Part III of the Principal Act
Section 25 of the principal Act is amended by substituting for subsection (2) the following— |
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 “(2) Notwithstanding subsection (1), the Secretary to the Treasury shall, for each financial year, appoint an agent to carry out the procurement and disposal activities of the Authority, except the micro procurement activities as described in section 86 and the Fourth Schedule to this Act, which shall be carried out by the Authority.”
Section 26 of the principal Act is amended—
“(2) Notwithstanding subsection (1) (g), an accounting officer shall not sign a contract before a procurement is approved by the contracts committee except where due to an emergency situation, the contracts committee cannot meet to approve the procurement.
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Section 27 of the principal Act is amended—
“(2a) The following officers of a procuring and disposal entity are not eligible for nomination to the contracts committee of that procuring and disposal entity—
(2b) Where the Accounting officer nominates Members of the contracts committee, but before the nomination is approved by the Secretary to the Treasury in accordance with subsection (2), there is an emergency situation in respect of which a procurement activity has to be performed, the Accounting officer shall perform the role of the contracts committee. |
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 (2c) Where an Accounting Officer performs the role of the contracts committee following subsection (2b), the Accounting Officer shall submit a report of the procurement activity carried out, to the Authority and give a copy to the Secretary to the Treasury. (2d) The head of the procurement and disposal unit shall attend the meetings of the contracts committee to offer clarification on any submissions to be considered by the contracts committee.”
“(7) Where the Secretary to the Treasury is satisfied that it is not practicable to apply subsection (6), the Secretary to the Treasury shall exempt the concerned procuring and disposing entity from the application of the subsection.”
Section 28 of the principal Act is amended—
“(ba) approving negotiation teams; (bb) ensuring that before it is approved, a procurement is in accordance with the procurement plan;”;
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“(ca) the following activities, for the purposes of disposal of the public assets of a procuring and disposing entity—
“(2) The Contracts Committee shall make a report in respect of the activities under subsection(1) (ca) and submit the report to the Accounting Officer for approval.”
Section 32 of the principal Act is amended by substituting for paragraph (a) following— “(a) recommend the composition of the evaluation and negotiation committees, for the approval of the contracts committee;”
Section 34 of the principal Act is amended in subsection (2) by substituting for the subsection (2) the following— “(2) The User Department shall prepare a procurement plan based on the approved budget, which shall be submitted to the Procurement and Disposal Unit for implementation when required.” |
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011
For section 39 of the principal Act there is substituted the following— “39. Delegation of powers by the accounting officer An accounting officer may—
entity; or
entity; and
of the contracts committee, procurement and disposal unit or user department to—
in accordance with the terms and conditions specified in regulations made under this Act.”
The principal Act is amended by inserting immediately after section 40 the following— “40A. Accreditation for alternative systems
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accreditation of an alternative system.
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of medicines and other medical supplies.
Section 41 of the principal Act is amended—
“(1a) The records to be maintained by a procuring and disposing entity under subsection (1) shall include a summary report of the procurement procedure used in respect of each contract, which shall indicate—
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Section 42 of the principal Act is amended by inserting immediately after subsection (4) the following— “(5) The Defence and National Security Organs shall appoint contracts committees to handle the procurement and disposal of their classified items.
Part V—Amendments to Part IV of the Principal Act
For section 43 of the principal Act there is substituted the following— “43. Application of basic principles of public procurement and disposal |
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All public procurement and disposal shall be conducted in accordance with the following principles— |
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non-discrimination; |
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transparency, accountability and fairness; |
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maximization of competition and ensuring value for money; |
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confidentiality; |
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economy and efficiency; and |
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promotion of ethics.” |
For section 47 of the principal Act there is substituted the following— “47. Confidentiality
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bidder notice is displayed on the procurement and disposal notice board of the procuring and disposing entity; and
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For section 50 of the principal Act there is substituted, the following— “50. Preference and reservation
Section 54 of the principal Act is repealed. Part VI—Amendments to Part V of the Principal Act
Section 56 of the principal Act is amended by repealing subsection(1).
For section 58 of the principal Act there is substituted the following— “58. Procurement and disposal planning
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and to the Authority, its annual procurement plan for the following financial year.
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The principal Act is amended by inserting immediately after section 59 the following— “59 A. Preference schemes
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than thirty percent of the ex-works of the goods; and |
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The principal Act is amended by inserting immediately after section 59 A the following— “59B. Reservation schemes
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 reservation scheme in order to—
For section 60 of the principal Act there is substituted the following— “60. Statements of requirements
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For section 68 of the principal Act there is substituted the following— “68. Modification and withdrawal of bids A bidder may modify or withdraw his or her bid at any time before the deadline for bid submission, using the method prescribed by regulations made under this Act.”
Section 71 of the principal Act is amended by inserting immediately after subsection (3) the following— “(4) A procuring and disposing entity shall ensure that the evaluation of bids is done expeditiously in accordance with regulations made under this Act.”
For section 74 of the principal Act there is substituted the following— “74. Prohibition of negotiations
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Part VII—Amendment of Part VI of the Principal Act
Section 79 of the principal Act is amended—
“(1) A procuring and disposal entity shall in respect of—
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 specified in sections 80, 81, 82, 83, 84, 85 and 86 and the conditions for their use specified in the Fourth Schedule to this Act; and
Section 84 of the principal Act is amended—
“(1) The quotation method is a simplified procurement method which compares price quotations obtained from a number of providers.”;
“(3) The quotation method shall be used in works and supplies.”
Section 85 of the principal Act is amended by repealing the words “or disposal” appearing in the marginal note and in the section. |
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Section 86 of the principal Act is amended—
“(1) Micro procurement is a procurement method which shall be used for very low value procurement requirements.”;
Section 87 of the principal Act is amended—
“(1) Public assets may be disposed of using any of the following methods— |
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public auction; |
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public bidding; |
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direct negotiations; |
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sale to public officers; |
(e) |
destruction of the assets; |
(f) |
conversion or classification of assets into another |
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(c) |
Public Procurement and Disposal of Public Assets (Amendment) Act 2011 form for disposal by sale;
by inserting immediately after subsection (1), the following— “(1a) Where a public asset is to be donated the procuring and disposing entity shall take into account the following factors—
(1b) Donation shall only be used where the other methods of disposal cannot be used by the procuring and disposing entity. (1c) Notwithstanding subsection (1), a procuring and disposing entity shall not dispose of any strategic asset, without the prior approval of the Minister. |
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(1d) Subsection (1c) shall not apply to the disposal of land by the Uganda Land Commission or by a district land board. (1e) For the avoidance of doubt, subsection (1c) applies to the disposal of land held by the Uganda Land Commission on behalf of a procuring and disposing entity. (1f) In this section “strategic asset” means land, a building, a ship, shares and any other asset as may be prescribed, belonging to the Government, situated within or outside Uganda.”
The principal Act is amended by inserting immediately after section 88 the following— “88A. Procurement of consultancy services
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 specified in the Fourth Schedule to this Act are satisfied, a procuring and disposing entity may source a consultant who has the capacity to perform the required assignment.” Part VIII—Insertion of Part VIA in principal Act
There is inserted immediately after Part VI of the principal Act, the following— “Part VI A—Types of Contract 88B. Choice of contract A procuring and disposing entity shall in respect of a procurement activity, use any of the contract types specified in this Part or a combination of any of them, using procedures prescribed by regulations made under this Act. 88C. Lump sum contract A lump sum contract shall be used where the content, duration and outputs of the procurement are well defined. 88D. Time-based contract A time-based contract shall be used where the scope and duration of the procurement requirement is difficult to define. 88E. Admeasurement contract An admesurement contract, including a re-measurement, unit rate and bill of quantities contract may be used for works—
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88F. Framework contract A framework contract, is a schedule of rates or an indefinite delivery contract and shall be used—
88G. Percentage based contract A percentage based contract shall be used where it is appropriate to relate the fee paid directly to the estimated or actual cost of the subject of the contract. 88H. Cost reimbursable contract A cost reimbursable contract shall be used—
88I. Target price contract A target price contract may be used instead of a cost reimbursable contract where a target price can be agreed and cost savings may be achieved by offering an incentive payment to the provider for any cost savings below the target price. |
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88J. Retainer contract A retainer contract shall be used to retain a provider to provide services over a prescribed period of time, without defining the level and actual amounts of services required. 88K. Success fee contract Success fee contract shall be used to link the fees of a provider to an achieved objective to provide an incentive to the successful completion of a particular task, event or action. 88L. Other types of contracts and contracting arrangements
Part IX—Amendment to Part VII of the Principal Act
Section 89 of the principal Act is amended—
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“(2) A procuring and disposing entity shall provide a bidder who seeks administrative review with—
Section 90 of the principal Act is amended—
“(1) A bidder who is aggrieved by a decision of a procuring and disposing entity may make a complaint to the accounting officer of the procuring and disposing entity.”;
“(1a) A complaint by a bidder against a procuring and disposing entity shall—
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 given to the Authority;
“(2) On receiving the complaint and the prescribed fee, the accounting officer shall—
“(4) Upon receipt of a copy of the decision of the accounting officer specified in subsection (2) (b), the Authority shall within fifteen working days, review the decision and make a recommendation in writing to the procuring and disposing entity, indicating the corrective measures to be taken, if any, and giving reasons for the recommendation.
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section has a right to proceed under Part VIIA of this Act, where the Authority fails to make a recommendation as required under subsection (4).”
Section 91 of the principal Act is amended by inserting immediately after subsection (4) the following— “(5) A bidder who is not satisfied with the decision of the Authority given under subsection (4), may appeal against the decision, in accordance with Part VIIA of this Act.” Part X—Insertion of Part VIIA in the Principal Act
There is inserted immediately after Part VII of the principal Act, the following— “Part VIIA—Review of Decisions of the Authority 91A. Interpretation In this Part, unless the context otherwise requires— “proceedings” means review by the Tribunal of a decision made under Part VII of this Act and includes any application before the Tribunal; “Tribunal” means the Public Procurement and Disposal of Public Assets Appeals Tribunal. |
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Establishment of the Public Procurement and Disposal of Public Assets Appeals Tribunal 91B. Public Procurement and Disposal of Public Assets Appeals Tribunal
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 terms and conditions as the Minister may prescribe, including terms and conditions relating to remuneration and allowances. 91C. Tenure of office of members of Tribunal
Management of the Tribunal 91D. Arrangement of business
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 the Tribunal and shall for that purpose, give directions as to— |
91E. Constitution of the Tribunal
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91F. Disclosure of interest
91G. Registrar of the Tribunal
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91H. Official seal
Review of decisions of the Authority by the Tribunal
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 reasons for the decision, including its findings on material questions of fact and reference to the evidence or other material on which those findings were based and may—
91J. Matters referred to Tribunal by Authority
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 that the continuation of a procurement or disposal proceeding may result in an incorrect contract award decision or a worsening of any damage already done to the procurement or disposal proceeding.
91K. Powers of the tribunal.
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91L. Application for review by the Tribunal
91M. Appeals to the High Court from decisions of the Tribunal.
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 aggrieved by the decisions of the Tribunal, may, within thirty days after being notified of the decision of the Tribunal or within such further time as the High Court may allow, lodge a notice of appeal with the registrar of the High Court.
91N. Operation and implementation of a decision subject to review or appeal. Where an application for review of a decision is lodged with the Tribunal or the Authority refers a matter to the Tribunal under section 91J or an appeal against a decision of the Tribunal is lodged with the High Court, the Tribunal or the High Court, as the case may be, may make an order staying or otherwise affecting the operation or implementation of the decision under review or appeal, or a part of the decision, as the Tribunal or the High Court, considers appropriate for the purposes of securing the effectiveness of the proceedings and for determining the application or appeal. Finances of the Tribunal 91O. Funds of the Tribunal
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 the Minister; and
91P. Financial year The financial year of the Tribunal shall be the same as the financial year of Government. 91Q. Accounts and audit The Tribunal shall keep proper books of accounts which shall be subject to audit by the Auditor General. 91R. Annual report The Tribunal shall within three months after the end of each financial year, submit to the Minister a report on the activities of the Tribunal in respect of the financial year, containing such information as the Minister may require. 91S. Compliance with the Public Finance and Accountability Act, 2003 The Tribunal shall at all times comply with the Public Finance and Accountability Act, 2003. 91T. Regulations under this Part The Minister may, on the recommendation of the Tribunal, issue regulations for the better carrying out of the provisions of this Part.” Part XI—Amendments to Part VIII of the Principal Act
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The principal Act is amended by inserting immediately before section
“91U. Limitation on contracts with members of procuring and disposing entities
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person to whom that subsection applies, includes the personal interest of a relation or business associate which that person has knowledge or would have had knowledge if he or she exercised due diligence having regard to all the circumstances.
For section 94 of the principal Act there is substituted the following— “94. Suspension of providers The Authority may on the recommendation of a procuring and disposing entity or after investigations on its own initiative, suspend a provider from engaging in any public procurement or disposal process for a period determined by the Authority, where—
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 independent body appointed by the Auditor General, the provider is found to have a record of unsatisfactory performance;
Section 95 of the principal Act is amended—
“(d) connives or colludes to commit a corrupt practice or a fraudulent practice,”
“(1a) An accounting officer, a member of the Contracts Committee, a member of the evaluation committee, an employee of the Authority or of a procuring and disposing entity, who—
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commits an offence and is liable on conviction to a fine not less than two hundred and fifty currency points but not exceeding one thousand currency points or to imprisonment not exceeding five years, or both. (1b) An accounting officer who signs a contract contrary to—
(1c) Where it is proved that a provider is involved in a fraudulent practice in any procurement proceeding—
(1d) Where a provider is suspended under section 94, |
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and there is an existing contract between the provider and the procuring and disposing entity, the contract shall be voidable at the option of the procuring and disposing entity. (1e) Notwithstanding subsections (1c) and (1d), a procuring and disposing entity may seek any other legal remedy available, against the provider. (1f) Where a procuring and disposing entity, after appropriate investigations, is satisfied that any bidder to whom a proposal to award a contract is to be made, is engaged in a corrupt practice or a fraudulent practice in competing for the contract in question, the procuring and disposing entity may—
(1g) Where it is determined after a special audit or by a court that a bidder is engaged in a corrupt practice or a fraudulent practice during the procurement process, the award of a contract or execution of a contract, the Authority shall suspend the bidder from participating in any procurement or disposal process.”
The principal Act is amended by inserting immediately after section 95 the following— “95A. Force account mechanism
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For section 96 of the principal Act there is substituted the following— “96. Regulations
For section 97 of the principal Act there is substituted the following— “97. Guidelines For the better carrying out of the objectives of and functions |
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 under this Act, the Authority shall issue and Gazette guidelines.” Part XII—Amendments to the Schedules to the Principal Act
There is inserted immediately after the First Schedule of the principal Act, the following— “SCHEDULE 1 A Section 11 ORGANISATION TO NOMINATE MEMBERS OF THE BOARD OF DIRECTORS
“(b) in the circumstances specified in subparagraph (1) (a)
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 |
“(c) Where direct procurement is used more than once in the circumstances specified in sub paragraph (1) (b), the cumulative value of all new works, services or supplies shall not exceed twenty five percent of the value of the original or existing contract.”;
“7. Micro procurement
“(c) a comparison of at least three quotations shall be made.”;
“(3) A procuring and disposing entity shall not use micro procurement—
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Public Procurement and Disposal of Public Assets (Amendment) Act 2011 a framework contract is required.”; by inserting immediately after paragraph 7 the following— “8. Notice inviting expression of interests for provision of consultancy services A notice inviting expression of interests for provision of consultancy services shall—
The Fifth Schedule to the principal Act is amended by inserting immediately after paragraph 7 the following— “8. In this Schedule, “employee” means a public officer and an expert.”
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Act 11 (g) |
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Public Procurement and Disposal of Act 11 Public Assets (Amendment) Act 2011 |
coming into force of this Act shall be continued to completion under the principal Act, as amended by this Act. |
CROSS REFERENCE Bank of Uganda Act, Cap 51. Companies Act, Cap 110. Public Finance and Accountability Act, Act No. 6 of 2003 Universities and other Tertiary Institutions Act, Act No. 7 of 2001. |
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