Public Procurement Act No. 18 of 2019

4. Principles of Public Procurement ...........................................................................................................6

5. Availability of Public Funds....................................................................................................................8

6. Annual Procurement Plonning ...............................................................................................................8

7. Eligibility and domestic preference ........................................................................................................8

8. Non-retroactivity ...................................................................................................................................8

9. Record keeping ......................................................................................................................................9

10. Publication of Public Procurement information .....................................................................................9 PART II - INSTITUTIONAL STRUCTUREAl\10 RESPONSIBILITIES .................................................................... ~ .. 9

11. Minister of Finance and Economic Development ..................................................................................9

12. Office of Attorney General..................................................................................................................... 9

13. Kiribati Audit Office ...............................................................................................................................9

14. Centro/ Procurement Unit ...................................................................................................................... 9

15. Chief Procurement Officer .....................................................................................................................9

16. Procuring Entities .................................................................................................................................10

17. Centro/ Contract Award Board ............................................................................................................10

18. Contract Award Committee .................................................................................................................10

19. Procurement Complaints Board...........................................................................................................11 PART Ill-PROCUREMENT METHODS ............................................................................................................ 11

20. Principle of choice ................................................................................................................................11

21. Open competitive procedures ..............................................................................................................11

22. Pre-Qualification procedures ..................................................C:........................................................... 11

23. Limited competitive procedures ..........................................................................................................11

24. Single Source procedures .....................................................................................................................12 PART IV -THE PROCUREMENT PROCEDURE................................................................................................. 12

25. Use of Model Documents.....................................................................................................................12

26. Time limits in Procurement procedures ...............................................................................................12

27. Public Opening of submissions.............................................................................................................12

28. Assessmentand evaluation criteria ..................................................................................................... 12

29. Contract award notice ......................................................................................................................... 13

30. Standstill period ................................................................................................................................... 13

31. Cancellation of a Procurement procedure ...........................................................................................13 PART V -THE EVALUATION COMMITTEE ...................................................................................................... 13 32. Composition......................................................................................................................................... 13

33. Evaluation Report ................................................................................................................................13 2 PARTVI - CONTRACTSAND CONTRACTMANAGEMENT ............................................................................... 13

34. Public Procurement Contracts .............................................................................................................13

35. Contract Management ........................................................................................................................13 PARTVII -COMPLAINTS ............................................................................................................................... 14

36. Complaints to the Procuring Entity ...................................................................................................... 14 PARTVIII - MISCONDUCT............................................................................................................................. 14

37. Code ofConduct. ..................................................................................................................................14

38. Criminal misconduct ............................................................................................................................14

39. Administrative misconduct ..................................................................................................................15 PART IX - FINAL PROVISIONS........................................................................................................................ 15

40. Entry into farce .................................................................................................................................... 15 THE PUBLICPROCUREMENTACT 2020 .......................................................................................................... 16 ExplanatoryMemorandum ........................................................................................................................... 16 3 REPUBLICOF KIRIBATI (No!8of 2019) I assent Beretitenti F I 11../--- ;2019 An Act entitled AN ACT TO REGULATEPUBLICPROCUREMENTOF GOODS,SERVICESAND WORKS Commencement: I I /2019 MADE by the Maneaba ni Maungatabu and assented to by The Beretitenti PARTI - GENERAL PRINCIPLES

1. Short title This Act may be cited as the Public Procurement Act 2019.

2. Scope

1. This Act applies to Public Procurement executed by or on behalf of the Government of Kiribati.

2. In case any provision of this Act conflicts with any international law, convention or treaty whose application is mandatory for the Government of Kiribati, the latter rules and principles shall prevail. 4

3. Definitions In this Act, unless the context otherwise requires- "Act" means the "Public Procurement Act 2019". "Annual Procurement Plan" means an itemised schedule showing the approved allocation of Public Funds for Procuring Entities' needs for procuring Goods, Services or Works. "Central Procurement Unit" means the unit established according to section 14. "Chief Procurement Officer" means the head of the Central Procurement Unit, proposed by the Minister of Finance and Economic Development, and appointed by the Beretitenti acting in accordance with the advice of the Cabinet, as further detailed in Section 15. "Contract" means an agreement of economic interest concluded in writing between an Economic Operator and a Procuring Entity having as its object the obligation to supply Goods. provide Services or execute Works. "Corrupt Practices" shall have the meaning defined in section 367 of the Penal Code. "Economic Operator" means any natural or legal person, which offers the supply of Goods, the provision of Services or the execution of Works. "Evaluation Committee" means a committee responsible for evaluating Tenders as defined by the Regulations. "Evaluation Report" means the report detailing the result of the evaluation of Tenders received as part of Public Procurement. "Finance Regulations" means the Republic of Kiribati Government Finance Regulations, issued by the Ministry of Finance and Economic Development. "Framework Agreement" means an agreement executed between one or more Procuring Entities and one or more Economic Operators establishing the terms and conditions governing Suborders to be awarded during an agreed period of time. C C "Goods" means tangible items, including assets and expendable items that are purchased, hired, leased or rented and related services, provided that the value of the Goods is higher than the value of the service. "In Writing" or "Written" means any expression consisting of words and/or figures that can be read, reproduced and subsequently communicated. It may include information transmitted and stored by electronic means. "Invitation to Tender" means a procedure according to which a Procuring Entity invites Economic Operators to take part in Public Procurement. "Model Documents" means a set of standard documents issued for use in Public Procurement, pursuant to the Regulations. "Pre-qualification" means the procedure detailed in Section 22 to identify, prior to an Invitation to Tender, Economic Operators that are qualified to provide certain Goods, Services and/or Works. 5 "Procurement Complaints Board" means the permanent authority responsible for appeals on Public Procurement and Contract award decisions, as defined by section 19. "Procurement Officer" means a public officer in the Central Procurement Unit. "Procuring Entity" means any governmental department, agency, organ or their unit, or any subdivision or multiplicity thereof, as designated by the Regulations, that engages in Public Procurement. "Public Funds" means public money or public financial assets deriving from the state budget or from International Donors' funding already approved, being subject of a bilateral agreement with The Government of Kiribati, and available for the Government or under the control of the Procuring Entity. "Public Procurement" means the acquisition of Goods, Services and Works utilising Public Funds. "Public Procurement Manual" or "Manual" means guidelines and advice, issued by the Chief Procurement Officer pursuant to me Regulations, providing practical instructions to efficiently and effectively execute Public Procurement. "Regulations" means the "Public Procurement Regulations 2019" issued pursuant to Section 11. "Services" means the object of Public Procurement other than Goods and Works and includes both consulting services and other services that are contracted on the basis of performance of measurable outputs. "Social Considerations" means, but is not limited to, environmental protection, energy and water efficiency, climate change, gender equality, workers conditions, child labour, accessibility for persons with disabilities, social inclusion of indigenous people and reduction of unemployment. "Suborder" means a Contract between a Procuring Entity and an Economic Operator, under a Framework Agreement, as further detailed in the Regulations. "Tender" means a technical and a financial offer prepared in response to an Invitation to Tender by a Procuring Entity. "Tenderer" means an Economic Operator that has submitted a Tender in response to an Invitation to Tender by a Procuring Entity. "Value for Money" means the optimum combination of whole life cycle costs and quality, as further detailed in the Regulations. "Works" means the construction, repair, rehabilitation, demolition, restoration, maintenance of civil work structures, and related services.

4. Principles of PublicProcurement All Procurement Officers and other public officers executing Public Procurement shall pursue their duties in respect of the Public Procurement principles, and in particular shall respect the anti-corruption policies, shall act with the highest integrity and impartiality, shall respect the principles of transparency, shall exercise their functions in a transparent and objective way 6 and without being affected by conflict of interest and shall respect the rules on confidentiality and the principles of fair competition.

1. Value for Money Procuring Entities, including public officers executing Public Procurement, are under the obligation to ensure that Public Funds are used in the most efficient and effective manner possible taking into account the purpose and objective of the Procurement activity and, when possible, the protection of the Social Considerations of the people of Kiribati.

2. Anti-corruption a. Any public officer involved in Public Procurement shall comply with the Act. Any public officer who willfully engages in Corrupt Practices when involved in the execution of Public Procurement shall be subject to prosecution as established by the Penal Code. b. To ensure that Tenderers are not engaged in any cornrption, the Procuring Entities shall include in the Invitation to Tender an obligation for Tenderers to sign a written declaration on anti-corruption and criminal activities. c. Procuring Entities shall suspend Public Procurement if they suspect or become aware of Corrupt Practices. In case a Contract is awarded and in course of implementation when Corrupt Practices are uncovered, Procuring Entities shall terminate the Contract. d. A public officer shall report any suspected Corrupt Practice or any suspicious behaviour to the Office of the Attorney General and the Kiribati Audit Office.

3. Integrity The essence of holding a public office is the duty to uphold dignity and independence, to execute tasks and responsibilities with a strong sense of commitment toward the public interest and to refrain from taking decisions affected by self-interest. Respect of the law, respect for the people and the general public and guaranteeing e!conomic and efficient processes are mandatory elements of integrity.

4. Conflict of Interest a. Any public officer executing Public Procurement shall avoid situations that put his/her impartiality at risk. Public officers shall immediately declare any possible incompatibility with other positions and any possible personal interest in Tenders or personal or family connection with Tenderers that are part in Public Procurement. b. To ensure that Tenderers are not subject to any Conflict of Interest, the Procuring Entities shall include in the Invitation to Tender an obligation for Tenderers to sign a written declaration that they are not in any Conflict of Interest.

5. Transparency Public Procurement policies, procedures, decisions and documents shall be made available to the general public, to ensure openness and clarity, except in the case of 7 information of a confidential nature, which shall not be published, as further detailed in the Regulations.

6. Confidentiality Public officers executing Public Procurement shall act in respect of the principle of confidentiality by protecting information that needs to remain private, in line with the procedures established by the Regulations.

7. Fair competition Public Procurement shall promote fair competition. Public Procurement shall not be made with the intention of artificially narrowing competition or unduly favouring or disadvantaging certain Economic Operators.

5. Availability of PublicFunds

1. Public Procurement shall not be initiated unless Public Funds are specifically and completely allocated and approved.~

2. Public Funds provided or made available under a Contract shall be used only within the scope of and for the purposes specified in such Contract.

6. AnnualProcurementPlanning

1. As part of the budget process, before each new fiscal year and in accordance with the requirements set in the Regulations, each Procuring Entity shall provide to the Central Procurement Unit, in writing, a forecast of its expected Public Procurement needs for the following fiscal year.

2. Following budget approval, the Central Procurement Unit shall consolidat_e the Procuring Entities approved Public Procurement requests and publish an Annual Procurement Plan.

3. In case there are adjustments needed to the Procurement requirements of a C Procuring Entity following budget appfoval the Annual Procurement Plan may be updated during quarterly budget reviews.

7. Eligibility anddomesticpreference

1. Public Procurement shall be open to eligible domestic and international Tenderers.

2. To promote economic growth and strengthen the domestic market economy, Procuring Entities may decide to privilege domestic Tenderers or international Tenderers committing in their Tenders to use domestic resources. Procuring Entities shall specify the reasons and methodology for such domestic preference in the Invitation to Tender, as specified in the Regulations.

8. Non-retroactivity Contracts take effect from the date of signature of the last signatory party. All Contracts shall reflect the actual dates on which the contracting parties sign them. 8

9. Record keeping Procuring Entities shall maintain a well-ordered and comprehensive set of records for all Public Procurement that they conduct, in line with the requirements of the Government of Kiribati Finance Regulations.

10. Publication of Public Procurement information All available Public Procurement information and documentation shall be made available to all Economic Operators and to the general public through the best and most efficient available means, including publication on the Public Procurement Web Portal or publication in local and international media, through national radio broadcasting and any other appropriate means. PARTII - INSTITUTIONAL STRUCTURE AND RESPONSIBILITIES

11. Minister of Finance and Economic Development The Minister of Finance and Economic Development is authorized to promulgate Regulations to fulfil I the objectives and carry out the provisions of this Act.

12. Officeof AttorneyGeneral The Office of Attorney General is responsible for the implementation of the Public Procurement legislative framework and for approval and modification of standard contract templates, including deviations.

13. KiribatiAuditOffice Procuring Entities shall make available all requested Public Procurement information and documentation to-the Kiribati Audit Office upon written request. ,.

14. Central Procurement Unit A Central Procurement Unit is established as the centre of excellence for Public Procurement in Kiribati and is responsible for providing operational support to Procuring Entities in the execution of Public Procurement. The Central Procurement Unit shall be under the direction of the Minister of Finance and Economic Development and shall have such structure and organisation as the Minister may determine necessary for the efficient and effective discharge of its responsibilities.

15. Chief Procurement Officer

1. The Chief Procurement Officer shall possess the highest level of integrity and, to fulfill the requirement of segregation of duties, shall not be subject to any conflict of interest, which includes having no vested interests in Tenderers or any Procuring Entity.

2. The Chief Procurement Officer shall: 0 a) Be responsible for developing and maintaining an efficient and effective Public Procurement system; b) Be responsible for monitoring the application of the Manual and for updating its contents in line with the Act and Regulations; and c) Submit an Annual Public Procurement Report to the Minister of Finance and Economic Development, as defined in the Regulations.

16. ProcuringEntities Procuring Entities are responsible for initiating and executing Public Procurement with support from the Central Procurement Unit, as further detailed in the Regulations.

17. CentralContractAwardBoard

1. A Central Contract Award Board is established as the permanent body for the review and decision for award of High-Value Procurement Contracts, as defined in the Regulations. The Central Contract Award Board operates in accordance with the rules established by the Regulations.

2. The Central Contract Award Board shall be composed of the following representatives: a) The Secretary of the Ministry of Finance and Economic Development, with the responsibility to coordinate the work and to act as chairman; b) The Chief Procurement Officer; c) A representative of the Office of Attorney General; d) A representative of the National Economic Planning Office within the Ministry of Finance and Economic Development; e) A representative from the Procuring Entity in the quality of budget owner or equivalent; and C f) A Procurement Officer within the Central Procurement Unit, with the role of secretary of the board, without participation in the decision. 3. A member from the Ministry of Commerce, Industry and Cooperativeness and a member from the Public Service Office shall be invited to form a part of the Central Contract Award Board.

18. ContractAwardCommittee

1. A Contract Award Committee is established in each Procuring Entity as the body for the review and decision for award of Medium-Value Procurement Contracts, as defined in the Regulations. The Contract Award Committee operates in accordance with the rules established by the Regulations.

2. The Contract Award Committee shall be composed of at least the following representatives: a) A Procurement Officer from the Central Procurement Unit, with the responsibility to coordinate the work and to act as chairperson; b) A member of the Procuring Entity in the quality of Public Procurement budget owner or equivalent; 10 c) At least one representative from another relevant Procuring Entity; and d) The Procuring Entity Procuring Officer, with the role of secretary of the committee.

3. A member from the Ministry of Commerce, Industry and Cooperativeness and a member from the Public Service Office shall be invited to form a part of the Contract Award Committee.

19. Procurement ComplaintsBoard A Procurement Complaints Board is established as a semi-permanent appeals body to review complaints received from Tenderers and it operates in accordance with the rules established by the Regulations. PARTIll - PROCUREMENT METHODS

20. Principleof choice Procuring Entities shall initiate Public Procurement with the use of an open competitive method, in line with section 21. In exceptional cases and subject to pre-approval, as specified by the Regulations, Procuring Entities may apply an Exceptional procedure. I. StandardProcedures

21. Opencompetitiveprocedures In an Open procedure, following the publication of an Invitation to Tender, any interested Economic Operator may submit a Tender to take part in Public Procurement, in accordance with the principles and methods defined by the Regulations.

22. Pre-QuaJification procedures C In certain circumstances, to reduce the number of Tenderers submitting a full Tender, a Procuring Entity may initiate an Open procedure through a Pre-Qualification procedure, in order to identify qualified Economic Operators to whom an Invitation to Tender may be issued. A Pre-qualification shall be in accordance with the principles and methods defined by the Regulations. II. Exceptional Procedures

23. Limitedcompetitiveprocedures

1. In a limited procedure, Procuring Entities invite selected Economic Operators to submit a Tender to participate in Public Procurement, in line with the instructions specified in the Regulations.

2. Only Tenders received from Economic Operators invited by the Procuring Entity are eligible to be evaluated. 11

24. SingleSourceprocedures In exceptional cases, a Procuring Entity may make use of a Single Source procedure to award a Contract to an Economic Operator without competition, in line with the following principles and the instructions further specified in the Regulations: a. Monopoly situations; b. Extremely urgent situations; c. Extremely critical situations; d. Protection of national safety and security; e. Additional deliveries; f. Exceptionally advantageous temporary conditions. PARTIV-THE PROCUREMENT PROCEDURE

25. Useof Model Documents In all stages of Public Procurement, where available, Procuring Entities shall utilise Model Documents promulgated by the Chief Procurement Officer. Any request to amend the Model Documents shall require the approval of the Chief Procurement Officer and, where relevant, the Office of Attorney General. In the absence of a Model Document for a specific Public Procurement, the Chief Procurement Officer and, where relevant, the Office of Attorney General shall approve the use of alternative Public Procurement documents.

26. Time limitsin Procurementprocedures Procuring Entities shall provide sufficient time for Economic Operators to prepare and submit their Tenders, in line with the Regulations. c

27. PublicOpeningof submissions Unless specifically detailed otherwise in the Regulations, all Tenders and applications for Pre- qualification shall be opened in public, at which interested parties may be in attendance.

28. Assessment and evaluationcriteria

1. Regardless of the type of Public Procurement procedure used, Procuring Entities shall assessTenderers and Tenders in an objective manner.

2. The following criteria shall be taken into consideration during the whole Public Procurement evaluation procedure, as further detailed in the Regulations: a) Administrative criteria; b) Exclusionary criteria; c) Minimum qualification criteria; and d) Value for Money Evaluation criteria. 12

29. Contractawardnotice Procuring Entities shall inform successful and unsuccessful Tenderers without delay and shall publish a Contract award notification, as detailed by the Regulations.

30. Standstillperiod A standstill period, in accordance with the procedures detailed in the Regulations, shall apply between the issuance of the Contract award notification and the Contract signature, to allow Tenderers a period of time to review the Contract award notification and assessif it is appropriate to submit a complaint.

31. Cancellationof a Procurementprocedure Cancellation of an Invitation to Tender shall be avoided but, if necessary, shall be allowed in the circumstances detailed-in the Regulations. , PARTV - THEEVALUATION COMMITTEE

32. Composition An Evaluation Committee shall be appointed by the head of the Procuring Entity, shall have appropriate technical, financial, procurement expert knowledge and experience, and shall comprise the membership detailed in the Regulations.

33. EvaluationReport Any evaluation, including the technical and Value for Money evaluations, and observation regarding Public Procurement shall be noted and explained in an Evaluation Report. The Evaluation Report shall be signed by all the members of the Evaluation Committee and shall be submitred to the awarding body, as defined in the Regulations.'" PARTVI - CONTRACTS ANDCONTRACT MANAGEMENT

34. PublicProcurementContracts Every Public Procurement, unless cancelled, shall result in the finalisation of a Contract or a Framework Agreement, based on the Model Documents or, if no Model Document is available, upon a Contract or Framework Agreement approved by the Office of Attorney General.

35. ContractManagement The compliance and performance of Economic Operators against the terms and conditions of a Contract shall be continuously monitored, as further detailed in the Regulations. PARTVII-COMPLAINTS

36. Complaints to the ProcuringEntity A Tenderer that claims to have suffered, or that risks suffering, loss or injury due to a breach or violation by a Procuring Entity of its duties or obligations under the Act may submit a request, which shall be in writing, for a review of the circumstances surrounding the claim to the appropriate authority, and shall be entitled to have its claim suitably addressed in accordance with the procedures and within the timelines stated by the Regulations. PARTVIII- MISCONDUCT

37. Codeof Conduct J 1. All Procurement Officers and any public officerJexecuting Public Procurement shall incur the obligations of Leaders as established under articles 4 - 11 of the Leaders Code of Conduct Act.

2. Failure of Procurement Officers and public officers to comply with the Act, the Regulations or the Leaders Code of Conduct Act, as above, may constitute a criminal or administrative misconduct and may be subject to a criminal or a disciplinary action, in line with section 38 or section 39.

38. Criminalmisconduct

1. An infringement of, or a failure to comply with, one or more provIsIons, by a Procurement Officer or a public officer executing Public Procurement, that incurs a criminal responsibility shall be punished in accordance with the Penal Code and other existing acts of Kiribati.

2. Without prejudice to the applicability of any provision of the. penal code or of other applicable acts, it shall be~a violation punishable and enforceable in accordance' with the relevant applicable acts for any natural or legal person to: a. Provide, offer, solicit or accept or indicate a readiness to provide, offer, solicit or accept anything of value (including, but not limited to, money, an offer of employment, tangible or intangible property, a favour or service) for a direct or indirect benefit for the purpose of influencing or attempting to influence a decision or action affecting or connected with the initiation, implementation or decision of a Public Procurement or a review procedure; or b. To take any actions, or to express or indicate a readiness to take any action, for the purpose of intimidating, coercing, harming or causing harm (physically, financially, or otherwise) to any natural or legal person for the purpose of influencing, attempting to influence a decision or action related to the initiation, implementation or decision of Public Procurement or a review procedure.

3. Remedies against criminal misconduct 14

4. Any Procurement Officer or public officer who becomes aware, by any means, of an offence described in Section 38 shall immediately notify the Chief Procurement Officer.

5. The Chief Procurement Officer shall immediately conduct a preliminary investigation into the matter and shall, if it is determined that there is any credible evidence indicating that such a violation has occurred, immediately refer the matter to the Office of the Attorney General. If requested by the informant, the Chief Procurement Officer shall take measures to protect the identity of the informant.

6. The Chief Procurement Officer shall also, if the matter involves misconduct by a public officer, refer the matter to the authorities responsible for disciplinary action against public officers.

39. Administrative misconduct

1. A Procurement Offic,,er or a public officer executing Public Procuremenj: who infringes or fails to comply with one or more provisions of Public Procurement, as established by the Act and the Regulations, is liable for administrative misconduct and subject to disciplinary actions as outlined in the Kiribati National Conditions of Service or the like,

2. A Procurement Officer or a public officer who reiterates the administrative misconduct and has not been subjected to removal or dismissal from the public service in accordance with the terms of the Kiribati National Conditions of Service, shall be liable to permanent removal from the position or dismissal from public service, PARTIX- FINALPROVISIONS

40. Entryintoforce

1."' The Act shall enter into force upon assent by the Beretitenti. The Act shall be made available to the public through publication.

2. Upon entry into force, the Procurement Act 2002 shall be repealed. 15 THE PUBLICPROCUREMENT ACT 2020 Explanatory Memorandum The Public Procurement Act 2019 replaces the Procurement Act 2002 and sets rules for the public purchase of goods, services and works made by the Government of Kiribati. The law has the main aim to ascertain Value for Money but also to harmonise the domestic legislative system with the most relevant Pacific islands legislations as well as to adopt the internationally recognised public procurement principles, such as integrity, transparency, fair competition and anticorruption, to increase efficiency and improve effectiveness in the use of public funds and to enable International Donors to accept their public procurement in Kiribati to be processed under the domestic legislation. The new legislation sets up a layer of control mechanisms ensuring an adequate level of control from an early stage of the process in order to eliminate any possible wrongdoings and mismanagement, leading to delays or inaccurate financial commitments. The Public Procurement Act 2019 is the legal basis for the Public Procurement Regulations 2020, which aim at providing specific and explanatory rules to regulate in detail the public procurement process, and for the Public Procurement Manual 2020, with the scope to provide guidance to public procurement officials in the implementation of rules and execution of procedures. The Public Procurement Act consists of 9 parts. Part I (sections 1 to 10) explains the scope, provides definitions, defines the general principles and sets up mechaniBms to execute public procurement. It also includes Ahe principle that public procurement cannot be executed before the annual procurement planning is approved and public funds are available. It also allows for domestic preference under certain circumstances. Part II (sections 11 to 19) establishes the main public procurement actors and define their roles. Among these, the Central Procurement Unit within the Ministry of Finance and Economic Development, headed by the Chief Procurement Officer, the Central Contract Award Board and the Contract Award Committee, responsible for the decision on public procurement contract awards, as well as a new Procurement Complaints Board, responsible to handle complaints from tenderers on public procurement procedures and decisions. 16 Part Ill (sections 20 to 24) defines the general methods of public procurement, establishing open competitive procedure as the standard procedure and the limited procedures and single source procedures as exceptional procedures. Part IV (sections 25 to 31) sets up the public procurement procedures, to guide the procuring entities from initiation to award, and includes opening of tenders, specifies assessment and evaluation criteria and imposes an obligatory standstill period before the contract signature. Part V (sections 32 and 33) establishes the rules for the evaluation committee. Part VI (sections 34 and 35) establishes that every public procurement shall result in the finalisation of a contract, unless cancelled, based on pre-authorised standard contract templates, as well as sets the f:?bligation for procuring entities to appoint a contract manager to monitor the contract execution. Part VII (section 36) ensures the possibility for tenderers to complain. Part VIII (sections 37 to 39) aims at preventing misconducts in public procurement, setting rules and consequences for criminal and/or administrative offences or wrongdoings by public officers. Part IX (section 40) regulates the entry into force of the new legislation. Hon. Dr. Teuea Toatu c Vice President and Minister of Finance and Economic Development 01 July 2019 LEGALREPORT I hereby certify that in my opinion none of the provisions of the above Act are in conflict with the Constitution and that HE the Beretitenti may properly assent to the Act. Tetiro Maate Semilota Attorney General 17 TE TUA IBUKIN TE KATAUMWANE N TE BOBWAI RAIRANA Te Tua Ibukin te Kataumwane n te Bobwai 2019 e na onea mwiin te Te Tua Ibukin te Kataumwane n te Bobwai 2002 man katerei kawai ibukin kaboan kaako, mwakuri mai tinaniku ao mwakuri ake a karaoaki man te Tautaeka n Kiribati. Te boto n iango ibukin katean te tua aei bwa e na kamateraoa aron kabonganaan te mwane ibukin te bowai ao man kaboraoa ara tua ma tuua aika kabonganaaki n te Betebeke man kabonganai naba tuua ibukin te bobwai ake a kinaaki n te aonnaba ibukin te eti, te koaua, te kiraati, te boraoi ao n akea te babaka n ikawai, bwa e aonga n rikirake te tamaroa ni kabonganaan ana mwane te bota-n- aomata ao ni butimwaeaki tuan te bobwai man aaba ake anga te mwane ni buoka mai tinaniku ,ni mwakuriaki aia tua ibukin te bobwai nakon ana tua Kiribati. , Te Tua ae boou aei e katei anga n totoko ke n kamatoa aron tararuan ma kamanoakin te aro ni bobwai man te moan tai are waakinaki iai ke ni barongaaki makuriana bwa e na kamaunai aanga n aonikai ke n makuri buaka aika ana karika te iremwe ke karaoan bwaka mwane aika kairua. Iai ruaiua (9) mwakoron te tua aei: Mwakoro I (Te kibu 1-10) e kabwarabwara tein ma kanoan te tua ao man kaoti iai taeka ake a kabonganaki iaan te tua aei ma kabwarabwaraia. E kaotia naba ikai bwa eaki kona n waaki te kataumwane n te bobwai imwain reken te kariaia ibukina man ana mwane te bota-n-aomata ao e na riai n tauraoi te mwane ibukina. E taekinna naba bwa e na mannanoaki moa te kataumwane ke te katauboo rpai Kiribati iaan angaraoina n itera tabeua. C Mwakoro II (Te kibu 11-19) e katei rabwata ake ana mwakuria te tua aei mam kabwarabwarai aia mwakuri iaan e tua aei. Rabwata aikai n aekakin te rabwata are ena baronga aron te kataumwane (Central Procurement Unit) inanon te te Botaki ni Mwane ke te Ministry of Finance and Economic Development, are e kairaki iroun te Te Mataniwi n kaira te Kataumwane (Chief Procurement Officer), te Central Contract Award Board ao te Contract Award Committee, rabwata ake a tabeakin babaire iaon taian boraraoi ibukin te kataumwane, ao ai te rabwata ae boou are e na tabeakini taian tangtang mai irouia taan kataumwane ke katauboo (tenders) iaon babaire ma wakinan te kataumwane. Mwakoro ill (Te kibu 20-24) e kabwarabwara taian kawai ibukin reken te kataumwane ibukia te botanaomata, ao ni kaotia bwa e na bon riai n uki te katauboo nakon te botanaomata ao iai aika tiatianaki aron kawaia ao iai naba ae na ti teuana kawaina ngkana e bon riai. 18 Mwakoro IV (Te kibu 25-31) e kabwarabwarai kawai ake ena irii te rabwata are ena karaoa te kataumwane ke katauboo man moan wakinana ni karokoa tokina ni ikotaki ma aron kaukan taian reta ni kataumwane, babaireana, aron rinanoana ao e kaota naba are ko na riai n anganaki am tai n iango imwain tiainakin te boraraoi ngkana arona bwa e reke iroum te kataumwane. Mwakoro V (Te kibu 32-33) e katea te tua ibukin te komete are ena rinanoa te kataumwane ke te evaluation committee. Mwakoro VI (sections 34 and 35) e katerea bwa n tokin te kataumwane ke katauboo ni kabane ao e na iai te boraraoi ae na kamatoaki, (ti ngkana e kamaunaaki), ni kaeineti ma tein te boraraoi are e a tia n baireaki ao reitaki ma taben te rabwata are e baronga aron te kataumwane n rinea te aomata are ena tararua aron te boraraoi ao aron wakinana. Mwakoro VII (Te kibu 36) e katerea te kawai are ana iria taan katauboo ngkana aki kukurei J ke ngkana iai tangitangiia. Mwakoro VIIl (Te kibu 37-39) e kaeineti ma totokoan te aki makuri raoi ni karaon te kataumwane ao e katea te katuua nakoia taan mwakuri ngkana a ekanako te tua. Part IX (Te kibu 40) e kaotia bwa n te tai are tiainaki te Tua aio iroun te Beretitenti ao e a kona naba ni kinaki bwa te tua. Honourable Vice President Dr Teuea Toatu Te Kauoman ni Beretitenti ao te Minita ibukin C te Mwane ao Karikirakean Kaubwaira C 18 Turai 2019 TE RIBOOTI MAN TE TUA I kakoaua ikai bwa kibun te Tua aio e aki ekanako te Tua ae Maungatabu ao te Beretitenti e kona ni kabwatia. Tetiro Maate Semilota Tia Kaeti Tua CERTIFICATE OF THE CLERK OF THE MANEABA NI MAUNGATABU This printed impression of the Internal Revenue Board (Amendment) Act has been carefully examined by me with the Bill who passed the Maneaba ni Maungatabu on the 4th of November 2019 and is found by me to be a true and correctly printed copy of the said Bill. ......:~ ........... Kakiata Tikataake OIC of the Maneaba ni Maungatabu Published by exhibition at the Maneaba ni Maungatabu this . . . . . . . . . day of .................................. 2019. ~17 ni . ..........-~ ................ . Kakiata Tikataake OIC of the Maneaba ni Maungatabu