Public Procurement Act no. 1 of 2016

2 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 3 PART I – PRELIMINARY (4) For the purposes of subsection (3), procurement of items such as general stores, uniforms, stationery, office equipment Application. 1. (1) This Act shall apply to the procurement of goods, works and standard vehicles shall not be classified as national defence or and services, including any procurement financed in whole or in part national security procurement. from public or donor funds by the following bodies or organizations- (5) In implementing this Act, including the composition of boards, committees and other organs provided therein, regard (a) Government Ministries, departments and shall be had to compliance with the Government’s policy of promoting agencies; the appointment and full participation of women. (b) local councils; 2. In this Act, unless the context otherwise requires– Interpretation. (c) sub-vented agencies; “Authority” means the National Public Procurement (d) state-owned enterprises which utilise public Authority referred to in section 3; funds; “bid” means, a proposal or quotation submitted by a (e) universities, colleges, hospitals, companies bidder in response to an invitation by a procuring and other institutions which are wholly entityaccording to the type of procurement method owned by the State or in which the State has being used, ; at least 25% interest; and “bid security” means the bank guarantee or other form of security submitted by a bidder together with a bid (f) any entity in the private sector which is given to secure the obligations of the bidder participating the responsibility for carrying out activities in a bidding proceeding, including the obligation to using public funds. sign a procurement contract if the bid is accepted, in accordance with the requirements of this Act and (2) Where this Act conflicts with the procurement rules the bidding documents; of a donor or funding agency, the application of which is mandatory pursuant to or under an obligation entered into by the Government “Board” means the Board of the Authority; of Sierra Leone, the rules of the donor or funding agency shall prevail; but in all other respects, procurement shall be governed by this Act. “collusive practices” means a scheme or arrangement between two or more parties with or without the (3) Where the Minister responsible for defence or knowledge of the procuring entity, designed to national security, with the approval of the Defence Council, establish prices at artificial, noncompetitive levels; determines that a procurement related to national defence or national “consultant” means the provider of intellectual security requires the application of special measures, the application services, including consultants’ services; of the rules and procedures set out in this Act may be modified by the National Public Procurement Authority, but the modification shall be “contract” means an agreement between a procuring governed only by defence or national security considerations. entity and supplier, contractor or consultant resulting from procurement processes;

4 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 5 “contractor” means a natural or legal person under “intellectual services” means any activity of an contract with a procuring entity to be a provider of intellectual nature that does not lead to a measurable civil works; physical output; “corrupt practice” means, corrupt practice as defined “performance security” means the bank guarantee or in the Anti-Corruption Act; other form of security submitted by the supplier, contractor or consultant to secure their obligations “employer” means the contracting party benefiting under the procurement contract, in accordance with from a works contract (usually the procuring entity); the requirements in the bidding documents; “force account” means the conduct of procurement “member” means a member of the Board; proceedings by any procuring entity with self- supervision, utilising the entity’s own resources; “Minister” means the Minister responsible for finance: “fraudulent practice” means a misrepresentation or “procurement” means the acquisition by any omission of facts in order to influence a selection contractual means of goods, works, intellectual process or the execution of a contract; services or other services; “goods” means objects of every kind and description, including commodities, raw materials, products and “procurement committee” means the group within the equipment, and objects in solid, liquid or gaseous procuring entity, comprising officials within and form, and electricity, as well as services incidental to outside of the entity, referred to in section 18; the supply of the goods, if the value of those incidental services does not exceed that of the goods “procuring entity” means any organ of the State or regional and local authorities as well as statutory themselves; bodies, public sector corporations which are majority “head of procuring entity” means the chief executive owned by the Government, public utilities using officer of the entity such as the Minister of a Ministry revenue collected by the sale of public services, as or the overall head of a procuring entity; well as any other natural or legal person to whom public funds have been allocated for use in public “Independent Procurement Review Panel” means the procurement; Independent Procurement Review Panel established by section 20 for the purpose of conducting “procurement unit” means the department formally independent administrative review of challenges established within the procuring entity to carry out to award decisions and complaints arising under this the procurement activities of that entity in Act; accordance with the functions set out in section 19; “public funds” means any monetary resources of the “interest” means, any Government Stake, Share, State budget, or aid and credits under agreement Portion, Claims investment, stock or equity in any with foreign donors, or extra-budgetary resources institution; of procuring entities, used in public procurement;

6 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 7 “public office” means, public office as defined in the PART II – ESTABLISHMENT AND FUNCTIONS OF constitution of Sierra Leone; NATIONAL PUBLIC PROCUREMENT AUTHORITY “public officer” means,public officer as defined in the 3. (1) Subject to this Act, there is hereby continued in Continuance of National Constitution of Sierra Leone; existence, the body which immediately before the commencement of Public Pro- this Act, was known as the National Public Procurement Authority. curement Authority. “regulations” means the regulations issued by the (2) The Authority shall be a body corporate having National Public Procurement Authority to fulfill the perpetual succession and capable of acquiring, holding and disposing objectives and to carry out the provisions of this of any property, whether movable or immovable, and of suing and Act; being sued in its corporate name and, subject to this Act, of performing all such acts as bodies corporate may by law perform. “services” means any services other than intellectual (3) The Authority shall have a common seal, the use of services; which shall be authenticated by the signatures of – “supplier” means a natural or legal person under (a) the Chairman or other member of the Board contract with a procuring entity to supply goods, authorised either generally or specially by construct works or provide intellectual and other the Board in that behalf; and services; (b) the Chief Executive or some other person authorised by the Board in that behalf. “vote controller” means Permanent Secretary of a Government Ministry, Chief Administrator of a local 4. (1) The governing body of the Authority shall be a Board Board of Authority. council, Managing Director or a General Manager, consisting of– Executive Director or other head of a State-owned (a) the Chairman, who shall be a person enterprise, or head of a Government department, competent and knowledgeable in public agency or commission; procurement and the public service; “works” means all works associated with the (b) a representative of the Attorney-General and construction, reconstruction, demolition, repair or Minister of Justice and the Chief Executive renovation of a building, structure or works, such as who shall be Ex-Officio members. site preparation, excavation, erection, building, installation of equipment or materials, decoration and (c) five persons appointed for their knowledge finishing, as well as services incidental to and experience in public procurement and the construction such as drilling, mapping, satellite public service, of whom two shall represent photography, seismic investigations and similar public sector interests and three shall services provided pursuant to the contract, if the represent the broad cross-section of the value of those services does not exceed that of the private business community and professional construction itself. associations of which two shall be women;

8 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 9 (2) The Chairman and members refered to under 7. The Chairman and the other members of the Board and any Remuneration paragraph (c) of sunsection (1) shall be appointed, appointed by the person co-opted by the Board under subsection (5) of section 9 of members. President and subject to the approval of Parliament. shall be paid such remuneration, fees and allowances as the Board may determine, with the approval of the Minister. Tenure of 5. (1) The Chairman and other members of the Board refered members of Board. to in paragraph (c) of subsection (1) of section 4 shall hold office for 8. (1) Where the Chairman or a member of the Board dies, Filling of a term of three years and shall be eligible for reappointment for another resigns, is removed from office or is absent from Sierra Leone for a vacancies. term of three years. continuous period exceeding three months or is by reason of illness unable to perform the functions of his office– (2) A person shall cease to be a member of the Board on any of the following grounds– (a) the members of the Board shall, as the case may be elect one of their number to act as (a) for his inability to perform the functions of Chairman until such time as the Chairman his office by reason of infirmity of mind or resumes his office or another is appointed in body; his stead; and (b) for proven misconduct; (b) subject to this Act another member shall be appointed. (c) if he becomes bankrupt or insolvent; (d) if he is convicted of an offence involving (2) Where a person is elected as Chairman or appointed fraud or dishonesty; as a member to fill a vacancy, he shall hold office for the remainder of the term of the previous Chairman or member, as and shall, subject to (e) if he fails to attend three consecutive thisAct, be eligible for re-appointment. meetings of the Board without reasonable cause; 9. (1) The Board shall hold its first meeting on such date Meetings of Board. and at such place as the Minister, after consultation with the Board, (f) if he resigns his office by written notice to may determine; and thereafter, the Board shall meet for the dispatch the Minister. of business at such time and place as the Chairman may decide but shall meet at least once every month. (g) after serving two terms. (2) At any meeting of the Board where he is present, the Functions of 6. (1) Subject to this Act, the Board shall have the control Chairman shall preside and, in his absence, the members present may Board. and supervision of the Authority. elect one of their number to preside. (2) It shall also be the responsibility of the Board to (3) The quorum at a meeting of the Board shall be four, provide policy guidance and advicethat will secure the efficient including the Chief Executive. implementation of the functions of the Authority and enhance the overall performance of the Authority.

10 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 11 (4) Each member including the Chief Executive shall have 11. In the discharge of its functions under this Act, the Board Powers of Board. one vote but in the case of an equality of votes, the Chairman shall may – have a casting vote. (a) direct the Chief Executive to furnish it with (5) The Board may at any time co-opt any person to any information, reports or other documents provide special or additional technical knowledge or advice otherwise which the Board considers necessary for the assist the Board at any of its meetings but the person co-opted shall performance of its functions; not vote on any matter for decision by the Board. (b) give instructions to the Chief Executive in (6) All acts, matters or things authorised or required to connection with the management and be done by the Board shall be decided at a meeting where a quorum performance of the functions of the Authority. is present and the decision is supported by the votes of at least four members, including the Chairman. (c) on the recommendation of the Chief Executive, approve such organisational (7) Any proposal circulated among all members and structures as the Chief Executive may agreed to in writing by a two-thirds majority of all members shall be of consider necessary for the discharge of the the same force or effect as a decision made at a duly constituted functions of the Authority. meeting of the Board and shall be incorporated in the minutes of the next succeeding meeting of the Board: 12. (1) The Authority shall have a Secretariat which shall Secretariat of Authority. provide administrative, secretarial and other support for the Authority Provided that, if a member requires that such proposal be placed and shall have structures and organisation as the Authority may before a meeting of the Board, this subsection shall not apply to consider necessary for the efficient performance of its functions. such proposal. (2) The Secretariat shall be headed by the Chief Executive (8) The Board shall cause minutes of all its meetings to who shall be assisted by a Deputy both of whom shall be appointed be taken by the Secretary to the Board and signed by the Chairman by the President subject to the approval of Parliament. and kept in the proper form as a public document. (3) In addition to the Chief Executive, the Secretariat shall (9) Subject to this Act, the Board shall regulate its have such other staff as are required for the efficient performance of meetings and procedure as it thinks fit. the functions of the Authority. Disclosure of 10. A member of the Board who has any interest, direct or (4) As head of the Secretariat, the Chief Executive shall interest. indirect, in any matter to be considered by the Board, shall disclose be responsible to the Authority for– the nature of his interest to the Board in such form as the Authority may prescribe and shall also be recorded in the minutes of the Board (a) the day-to-day management of the affairs of and such member shall not take part in any deliberation or decision the Authority of the Board relating to that matter; and a member who contravenes this section shall be guilty of misconduct and liable to be removed from the Board.

12 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 13 (b) the administration, organization and control (2) Subject to subsection (1), an annual report shall of the other staff of the Authority; include a copy of the audited accounts of the Authority with the audit report thereon. (c) the management of the funds and other property of the Authority; (3) A copy of the annual report approved by the Board shall be sent to the Minister not later than six months after the end of (d) the performance of such other functions as the year to which the report relates and the Minister shall as soon as the Authority may determine. possible, but not later than one month of the receipt thereof, lay the report before Parliament. (5) The other staff of the Authority, shall be appointed by the Board upon such terms and conditions as shall be determined 14. (1) The object for which the Authority is established is Functions of by the Board. to regulate and monitor public procurement in Sierra Leone and to Authority. (6) The activities of the Authority shall be financed by a advise the Government on issues relating to public procurement. fund consisting of– (2) Without prejudice to the generality of subsection (1), (a) moneys appropriated for the purposes of the it shall be the responsibility of the Authority to– Authority by Parliament; (a) formulate policies and standards on public (b) grants made to the Authority by any agency procurement and to ensure compliance or authority. therewith by all parties to procurement contracts; (c) retention from fines. (b) assess the operations of the public (7) The Authority shall keep proper books of accounts and procurement processes and submit proposals proper records in relation thereto and such accounts, books and for the improvement of the processes, records shall be in the form approved by the Auditor-General. including the introduction of information and communications technology, and the (8) The financial year of the Authority shall be the same as the development of modalities for appropriate financial year of the Government. collaboration among procuring entities; (9) The books and accounts of the Authority shall each year be audited by the Auditor-General or by an auditor appointed or (c) ensure capacity building and human resource authorized by the Auditor-General, who shall submit a report on each development for public procurement, audit to the Authority. including development, promoting and supporting training and professional Annual 13. (1) The Chief Executive shall, within three months after development of persons engaged in public reports of procurement; Authority. the end of each financial year, submit for the approval of the Board an annual report of the activities, operations, undertakings, property and finances of the Authority for that year.

14 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 15 (d) develop and recommend to heads of procurement practice under this Act, procuring entities a career development and suppliers, contractors and consultants who management programme, and a system for have neglected their obligations under a selection, appointment and termination of procurement contract, or provided false appointment of procurement officers; information about their qualifications, contravened tax regulations, or offered (e) disseminate information about, and promote inducements referred to in this Act. awareness of the public procurement system; (l) maintain and issue on a regular basis to all procuring entities a list of suspended (f) issue standard forms of contract and suppliers, contractors and consultants; standard bidding documents for mandatory use by all procuring entities; (m) prepare an annual report on the overall functioning of the public procurement (g) provide interpretation of this Act and other system, including a profile of procurement instructions governing the procurement activities, to be presented to Cabinet and process; tabled before Parliament through the Minister of Finance; (h) plan and coordinate technical assistance in the field of public procurement; (n) share information and cooperate with other arms of Government to facilitate the (i) publish a quarterly Public Procurement implementation of Government policies; Bulletin which shall contain information on public procurement, including approved (o) conduct, at least annually, a procurement procurement plans, proposed procurement forum bringing together public sector, private notices, and notices of invitation to bid and sector, civil society and development partners contract award information; to address issues related to public procurement; (j) publish in the Public Procurement Bulletin or in the Gazette or newspaper with wide national (p) pursuant to its monitoring function the circulation or the electronic media, a database Authority shall institute– of suppliers, contractors and consultants, and records of prices to assist in the work of (i) procurement review during the tender procuring entities; preparatory and unto the evaluation process; (k) on its own motion or based on reports by a procuring entity or the Panel, or interested (ii) contract reviews in the course of parties, investigate and suspend from execution of an awarded tender; and

16 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 17 (iii) Performance reviews after the (8) The Authority shall, where it finds persistent or completion of the contract in respect of serious breach of this Act or regulations or guidelines made under it, any procurement as may be required. recommend to the competent authority– (q) perform such other functions as are incidental (a) the suspension of funds disbursements to or conducive to the attainment of the object any procurement financed by specific public stated in subsection (1). funds where a breach has been established to entities; (3) Subject to sections 41, 42, 43, 44, 45, and 46 of this Act, the Authority may endorse and give approval for the use by a (b) the disciplining of the accounting officer, procurement committee, of a procurement method or methods, other chairman or member of the procurement than competitive bidding, where the procurement requirement of the committee or any other officer concerned with procuring entity, in the opinion of the Authority, merits such the procurement process in issue. endorsement and approval. (9) The Authority shall incur no liability towards the (4) Nothing in the functions of the Authority under procuring entity or any other person or body interested in the tender subsections (1) , (2) and (3) shall be construed to include the power under review or investigation by virtue of properly invoking its powers to participate in the award of any specific procurement contract. under this section. (5) In the performance of its functions under this Act the 15. (1) The Authority shall have powers, in performing its Power to obtain Authority shall not be subject to the direction or control of any functions under this Act to– information. person or authority. (a) require any party to a procurement contract by notice in writing to furnish in such form (6) Notwithstanding anything to the contrary in any other and manner and within such time as may be law, the Authority shall, after conducting an investigation and is specified in the notice, periodical or other reasonably satisfied that there is a breach of this Act or any regulation information, estimates or returns concerning made under it– such contract or such other matters as may be specified in that notice; (a) direct the procuring entity to take such actions as are necessary to rectify the (b) interview any party to a procurement contract contravention; or and require him to furnish such particulars as the Authority may require; (b) terminate the procurement processes. (c) require a party to a procurement contract by notice in writing to complete a form contained (7) The Authority shall prior to making a decision, under in the notice with particulars relating to the paragraph (b) of subsection (6), give the procuring entity and any contract or such other matter specified in other person whom it believes that his legal right may be adversely the notice and to return it in the manner and affected by the decision an opportunity to make representations. within the time specified therein.

18 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 19 (2) A notice referred to in subsection (1) – commits an offence and shall be liable on conviction to a fine not less than Ten million Leones, or to imprisonment for a term not less (a) may be served by delivering it to the party to than twelve months or to both such fine and imprisonment. whom it is addressed or by sending it by registered post, fax or e-mail to his last known 16. (1) Notwithstanding any law to the contrary, no return or Confidentiality address by thee (3) publication in a widely other commercially sensitive information collected by the Authority and prohi- bition of read news paper; under section 15 shall, subject to subsection (2), be disclosed to any disclosure of person. information. (b) shall state that it is served in exercise of the powers conferred by this section and shall (2) The return or other information referred to in include a general statement of the purpose subsection (1) may, subject to the directions of the Chief Executive, for which the information, estimates, returns be disclosed– or particulars are required. (a) to any person if required for the performance (3) When a requirement to furnish information, estimates, of that person’s functions under this Act; returns or particulars under this Act is made, the information, estimates, returns or particulars shall be furnished by the party concerned or a (b) if required by any law or as evidence in any person specifically authorised for the purpose by that party. court of law. (4) Subject to this section, every party to a procurement (3) Any officer of the Authority who in the course of his contract shall, to the best of his knowledge and belief, answer when employment under this Act– so required, all questions put to him orally or in writing by the Chief Executive or an officer of the Authority authorised in that behalf, not (a) wilfully discloses any classified information later than the date specified in the notice. or data attained in the cause of such employment to a person not authorised to (5) A party to a procurement contract who– receive that information. (a) fails to answer a question put to him as (b) uses information obtained in the course of required under this Act or furnishes an such employment for the purpose of answer to such a question which is false or speculating in any stock, bond or other misleading in any material respect, knowing security or any goods or services, before its the answer to be false or misleading; or release is authorised by the Chief Executive; or (b) wilfully obstructs the Chief Executive or any (c) otherwise contravenes this section, officer or employee of the Authority in the performance of any of its functions under commits an offence and shall be liable on conviction to a fine not this Act, less than Ten million Leones or to imprisonment for a term not less than twelve months or to both such fine and imprisonment.

20 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 21 PART III – PROCUREMENT COMMITTEES AND (6) A procurement committee may delegate to a PROCUREMENT UNITS procurement unit, authority to make contract award decisions, subject to such decisions being subsequently reported to and recorded in Procurement 17. (1) Procurement-related functions shall be carried out by the minutes of the procurement committee. staff to be procurement persons trained and knowledgeable in accordance with trained. the guidelines and qualification requirements established by the (7) Delegation of the authority shall be expressed in terms Authority. of estimated maximum contract values, which may differ according to whether the contract is for procurement of goods, works or services. (2) Subject to this Act, the procuring entity, including its concerned officials, shall be responsible for procurement with the (8) A procurement committee shall make necessary funds at its disposal. arrangements to ensure that timely information on the execution and conclusion of contracts by a department or division of a procuring (3) The procuring entity shall not commence a entity, as well as on supplier, contractor or consultant performance is procurement activity for which funds are not available or for which reported to the procurement committee. the Ministry or supervising authority has not issued a written confirmation of budgetary allocation that the required funds shall (9) A procurement committee shall consist of the be made available in a timely manner and in the amount required following five members:– Procurement 18. (1) A procurement committee shall be established in every (a) the vote controller, who shall act as the committees. procuring entity. Chairman; (2) The procurement committee shall be appointed by (b) one senior official of the entity; the head of the procuring entity and its composition shall be in (c) the head of finance, accounts or any budget accordance with subsection (9). professional; (3) A procuring entity shall be responsible, and vote (d) the head of the procurement unit, who shall controllers and other officials concerned accountable, for public also be secretary to the committee; procurement in accordance with this Act and any other enactments which may be applicable. (e) a representative of the concerned end-user department, who shall be a rotating member. (4) The head of a procuring entity shall appoint a staff member of the entity to act as secretary to the procurement committee, (10) Additional rotating members may be drawn to provide if the entity does not have a procurement unit. necessary technical legal and business expertise to the procurement committee. (5) The secretary to the procurement committee shall take minutes of meetings of the procurement committee and maintain a file (11) The quorum for a meeting of a procurement committee of all matters considered by the procurement committee. shall be three, comprising the Chairman and at least two other members referred to in subsection (9).

22 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 23 (12) Procurement committees may appoint technical (iii) where the contract modification would evaluation committees and advisers to assist the procurement unit in cause the total contract value to exceed bid opening procedures, bid evaluation and making recommendations the authorised limits applicable to the for award. procurement unit; (13) The functions of a procurement committee shall (g) reporting of procurement activities to the include– Authority; (a) verification and approval of proper (h) submitting annually updated databases of procurement planning and preparation of suppliers, contractors and consultants, and procurement processes carried out by the records of prices of the Authority for procurement unit; publication; and (b) consideration and approval of the draft (i) such other functions as may be conferred advertisements and other bidding documents by any other enactment. prepared by the procurement unit; (14) Procurement committees may, upon approval by the (c) review and approval of evaluation reports and Authority, establish subsidiary procurement committees in district contract award recommendations, in cases offices of the procuring entity. of procurement beyond the authorised limits of the respective procurement unit; 19. (1) A procurement unit shall be established in each Procurement procuring entity, staffed with persons trained and knowledgeable in units. (d) rejection of unsuccessful bids; procurement and charged with carrying out, on a continuous basis, functions related to procurement. (e) approval of contracts with a value above the authorised limits of the respective pro- (2) Procuring entities shall ensure that the procurement curement unit; units referred to in subsection (1) are established and provided with adequate staffing and resources. (f) approval of applications for contract modifications in the following cases– (3) The functions of procurement units shall include– (i) where the original contract award was (a) planning of procurement; subject to procurement committee (b) preparation of invitations to bid and of approval; bidding documents; (ii) where the value of the modification (c) publication and distribution of invitations to exceeds the authorised limits applicable bid; to the procurement unit;

24 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 25 (d) receiving and safeguarding of bids; 20. (1) There is hereby established a body to be known as Independent the Independent Procurement Review Panel, referred to in this Act Procurement Review Panel. (e) conducting bid opening procedures; as “the Panel”, for the purpose of conducting independent administrative review of challenges to the process of the award of (f) evaluation of bids, including management of decisions and complaints arising out of this Act. necessary technical evaluation committees and advisers to properly evaluate the bids; (2) The Panel shall consist of – (g) performance of secretarial services for the (a) a Chairman and two other members appointed respective procurement committee; by the Minister from among eminent Sierra Leoneans with a background in public procurement or public private partnership, (h) administering the implementation and the business community, university, the legal monitoring of contracts, to the extent that is profession and other relevant fields; not carried out by end-user departments; (b) the Attorney-General and Minister of Justice; (i) assessment of the quality of the procured and goods, works and services; (c) the Executive Secretary, Sierra Leone Chamber (j) sourcing and profiling of all suppliers, of Commerce, Industry and Agriculture. contractors and consultants, and the (3) The Quorum shall be three members maintenance of a database for that purpose; (4) The members of the panel refered to in paragraph (a) (k) such other functions as may be conferred by of subsection (12) shall hold office for a term of three years, but may any other enactment. be re-appointed for a further term of three years only. (4) Appointment of staff of procurement units shall be (5) Where a person is appointed as a mamber to fill a subject to continuing professional education requirements certified vacancy he shall hold office for the remainder of the term of the and approved by the Authority. previous member and shall, subjected, to this Act, be eligible for reappointment for another term of three years. (5) Procuring entities may establish subsidiary (6) The Panel may engage the services of such procurement units for subdivisions of the procuring entity, which consultants and advisers, or co-opt persons with specialized expertise shall– as it may require for the proper and efficient discharge of its functions (a) be located in the provinces; and such persons shall not have any voting power in decision making. (b) have a particularly large or specialised (7) The Minister shall appoint a secretary to the panel procurement workload; who is suitably experienced and trained in the legal discipline to carry out its administrative work and facilitate the conduct of its (c) operate in practice as an independent entity; business and the Secretary shall attend all the meetings of the panel but shall have no voting rights.

26 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 27 (8) All persons involved in public procurement under this (3) The procuring entity shall be entitled to demand from Act, shall when required to do so by the Secretary provide all necessary potential bidders and applicants for prequalification documentation information and data. reflecting their qualification data. PART IV – GENERAL PROVISIONS ON PROCUREMENT (4) Any requirement established pursuant to this section PROCESSES shall be set forth in the prequalification documents, if any, and in the bidding documents, and shall apply equally to all bidders without Qualification 21. (1) In order to be awarded a contract, or, if prequalification discrimination; and only those criteria stated in such documents shall of bidders. processes are being held, in order to participate in the procurement be applied. processes, a bidder must qualify by meeting the criteria set by the procuring entity, which may include– (5) A procuring entity may disqualify a bidder if it finds at any time that the information submitted concerning the (a) professional and technical qualifications; qualifications of the bidder was materially inaccurate or materially incomplete. (b) equipment availability; (6) In order to identify persons that are qualified, prior to (c) past performance; the invitation of bids, prequalification shall be used for – (d) after sales service; (a) procurement of large complex works in which the cost of bid preparation is high; (e) spare parts availability; (b) procurement of particularly high value or (f) legal capacity; complexity; and (g) financial resources and condition; (c) groups of similar items bundled together for a consolidated purchase. (h) professional records; (7) When prequalification processes are held, the (i) assessment by the National Revenue procuring entity shall– Authority to ascertain payment of taxes; and (a) provide to all bidders responding to the (j) payment of social security contributions. invitation to prequalify, prequalification documents which shall provide bidders with (2) The qualification criteria set out under subsection (1) the information required to enable them shall be applied by examining, through investigation and collaboration prepare and submit their applications for with other Government agencies, whether the bidder does or does prequalification; not meet the qualification criteria and not by using a point system for comparing the relative level of qualifications of participating bidders.

28 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 29 (b) make available to each applicant the results (2) Any descriptions of the technical or quality of the assessment of qualifications and all characteristics of the goods, works or services to be procured, and applicants that meet minimum criteria for requirements as to testing, packaging, marking, labelling, or conformity prequalification shall be invited to bid. certification, or symbols and terminology, that are irrelevant to the performance of the goods or create obstacles to participation by (8) If prequalification processes are not conducted, post- qualified bidders, and thereby limiting competition, shall not be qualification, in which the procuring entity verifies the qualifications included or used in the prequalification documents, or bidding of the bidder selected for award against the criteria stated in the bid documents. documents, shall be used. 24. The procuring entity shall set the deadline for submission Deadline for (9) Non-registration with a procurement entity by of bids, applications for prequalification and expressions of interest bids and other applications. suppliers, contractors or consultants shall be a bar to their so as to allow sufficient time for their preparation and submission, with a view to maximising competition, in accordance with the minimum participation in public procurement unless the circumstances demand periods set in sections 39 and 40. and it is expressly stated in the particular bidding document. 25. (1) A bid may be rejected only in accordance with this Cancellation Clarification 22. (1) The procuring entity shall respond within two working of processes and modifi- Act and regulations made under it. cation of days to any request by a bidder for clarification of the bidding for rejection documents, or the prequalification documents, submitted to the (2) A procuring entity may– of all bids. bidding and prequal- procuring entity within the time specified in the bidding documents (a) reject all bids at any time prior to the ification acceptance of a bid; documents. or in the prequalification documents. (b) cancel the procurement processes where– (2) Responses to requests for clarification, as well as any modification or any other clarifications of the bidding documents or (i) the procurement need has ceased to exist or changed significantly; of the prequalification documents shall be communicated to all bidders participating in the procurement processes without delay, so as to (ii) insufficient funding is available for the allow bidders an opportunity to take the clarifications or modifications procurement; into account in preparing their submissions and if necessary to allow (iii) there is a significant change in the bidders to do so, the procuring entity shall extend the deadline for required technical details, bidding submission of bids or applications to prequalify. conditions, conditions of contract or other details, such that the recom- Rules for 23. (1) To the extent possible, any specifications, plans, mencement of processes is necessary; description of goods, works drawings, designs and requirements or descriptions of goods, works (iv) insufficient, or no responsive bids are and services. or services shall be based on the relevant objective technical and received; quality characteristic, and performance of the goods, works or services to be procured; but there shall be no requirement for or reference to (v) there is evidence of corruption, fraud, a particular brand, trademark, name, patent, design, type, specific coercion or collusion among bidders; origin or producer unless there is no other sufficiently precise or or intelligible way of describing the characteristics of the goods, works or services to be procured and provided that words such as “or (vi) cancellation is deemed to be in the interest of national security. equivalent” are included.

30 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 31 (3) Before rejecting all bids or cancelling any procurement 27. The procuring entity shall soon after a successful Debriefing of processes, the procurement unit shall prepare a written request for bidder has been identified, inform the unsuccessful bidder(s) of the unsuccessful bidders. approval of the cancellation for submission to the procurement reason for which their respective bids were unsuccessful. committee, which shall clearly state– (a) detailed reasons for recommending 28. (1) Subject to this Act, documents, notifications, Form of cancellation; decisions and other communication referred to in this Act to be communi- cation. submitted by the procuring entity to a bidder or by a bidder to the (b) the status of the procurement processes, procuring entity, shall be in writing including in particular, whether bids have already been opened under bidding methods; (2) The Authority may authorise procuring entities to use and other forms of communication, including electronic communication, for publication of invitations to bid, transmission of bidding (c) whether new procurement processes are documents, submission of bids, conclusion of contracts, and payment recommended and, if so, the modifications but any such other means of communication shall be such as can recommended. preserve a record of the content of the communication, provide an (4) The reason for rejecting all bids, and for cancelling adequate level of security, and does not unduly restrict bidders’ procurement processes, shall be noted in the record of the procurement access to the procurement processes and is not inconsistent with processes, and promptly communicated to the bidders. this Act or any regulation made under it. (5) A procuring entity shall not be liable to a bidder by 29. (1) All procuring entities shall undertake procurement Procurement reason only of rejection of all bids or cancellation of procurement planning, with a view to achieving maximum value for public planning. processes under subsection (2). expenditures and the other objects of this Act. (6) If a decision to cancel the procurement processes is (2) The procurement plan to support the procuring taken before the deadline for submission of bids, any bid received entity’s approved programme and budget shall indicate– shall be returned unopened to the bidder. (a) contract packages, (7) In the event of cancellation or the rejection of all bids in accordance with subsection (2), the procurement shall not re-bid (b) estimated cost of each package, to the same specifications and contract conditions unless the cancellation of the initial proceeding is for budgetary or other reasons (c) the procurement method, and unrelated to the specifications and contract conditions, but if the procurement is to be repeated, the reasons for the cancellation of the (d) processing steps and times. initial proceeding shall be examined and the technical specification or contract conditions, or both may be suitably modified prior to re- (3) A procuring entity shall not divide a procurement order bidding. into parts or lower the value of a procurement order to avoid the application of the procedures for public procurement prescribed in Public notice 26. The procuring entity shall promptly publish in the Gazette of contract this Act. awards. and any newspaper of wide national circulation notice of each contract award in which the price of the contract exceeds the threshold set in (4) Where a requirement is divided into lots, which may the First Schedule, indicating the contract price and the name and result in separate contracts, the selection of procurement method address of the successful bidder. shall be determined by the estimated total value of all lots.

32 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 33 (5) In accordance with the budget preparation procedures 32. (1) The procuring entity shall preserve all documentation Records and issued by the Ministry, all procuring entities shall submit their annual relating to the procurement processes in accordance with applicable reports of procurement plans for the coming financial year to the Ministry and rules concerning archiving of government documentation, but at a procurement the Ministry responsible for local government (for local councils) for minimum for a period of six years following the date of final completion processes. review and approval. of the procurement contract, or from the date of rejection of all bids or cancellation of the proceeding, as the case may be. (6) Procuring entities shall, where necessary and on a (2) In addition to the documentation referred to in quarterly basis, review and update their procurement plans and notify subsection (1), the procuring entity shall prepare and maintain a the Ministry and the Ministry responsible for local government (for summary report of the procurement processes, including to the extent local councils) of any modifications to the approved and updated applicable – plans for publication in accordance with paragraph (i) of subsection (a) a description of the object of the (2) of section 14. procurement; (b) a list of the participating bidders, their profile Contra ct 30. The procuring entity shall be responsible for the administration and qualifications, and the qualification responsibility. administration of contracts into which it enters, as well as the criteria applied; monitoring of the performance of such contracts. (c) bid prices; Price 31. (1) Price adjustment shall not be permitted unless adjustment. (d) the bid evaluation criteria; provided for in the procurement contract to take into account changes in economic circumstances. (e) a summary of the evaluation of bids; (f) summary of any review processes and (2) If the procurement contract provides for the possibility decisions thereon; of price adjustment, it shall stipulate the conditions, such as increases or decreases in the cost of materials, labour, transportation and energy, (g) requests for clarifications, and responses in which price adjustment would be permitted; the formulas, and thereto; indices to be referred to in order to determine whether economic conditions have altered to a significant enough degree to justify a (h) statement of grounds for cancellation of price adjustment and to identify the amount of increase or decrease; procurement processes pursuant to section the frequency with which price adjustments may be implemented; 25; and procedures to be followed. (i) statement of grounds for choice of a (3) The procurement contract may provide that, when procurement method other than open bidding or request for proposals for services; the application of price adjustment leads to a modification exceeding a stipulated percentage of the initial price or a stipulated percentage (j) statement of grounds for reduction of bid ofthe balance of the contract, the procuring entity may terminate the preparation periods; contract. (k) information concerning rejection of bids; (4) Any price variation shall be subject to approval by the respective procurement committee. (l) such other information as may be required by the regulations made under this Act.

34 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 35 (3) The portion of the record referred to in paragraphs (a) discharge his duties impartially so as to (a), (b), (c), (d) and (g) of subsection (2) shall, on request, be made assure fair competitive access to public available to any person after a bid, proposal, offer or quotation has procurement by bidders; been accepted or after procurement processes have been terminated (b) always act in the public interest, and in without resulting in a procurement contract. accordance with the object and procedures (4) The portion of the record referred to in paragraphs set out in this Act and regulations made under (e), (h) and (i) of subsection (2) shall, on request, be made available to it.; suppliers, contractors or consultants that submitted bids, proposals, offers or quotations, or applied for pre-qualification, after a bid, (c) at all times avoid conflicts of interest, and proposal, offer or quotation has been accepted or procurement the appearance of conflicts of interest, in carrying out his duties and in all his conduct. processes have been terminated without resulting in a procurement contract. (d) not commit or abet corrupt or fraudulent (5) The procuring entity shall not disclose– practices, coercion or collusion, including the solicitation or acceptance of any (a) information, if its disclosure will– inducements; (i) be contrary to law, (e) keep confidential the information that comes (ii) impede law enforcement, into his or her possession relating to procurement processes and to bids, including (iii) not be in the public interest, bidders’ proprietary information; (iv) prejudice legitimate commercial (f) not take up a position of authority in any interests of the parties, or private concern with which he undertook procurement activities for a period of three (v) inhibit fair competition under this Act; years after departure from the procuring entity. (b) information relating to the examination, evaluation and comparison of bids, (2) Public officer of a procuring entity, or their close proposals, offers or quotations, other than relatives, shall not participate as bidders in the procurement processes the summary referred to in paragraph (e) of of the procuring entity. subsection (2). (3) A public officer shall declare his interest, (direct or (6) Records and documents maintained by procuring indirect) in writing and in such form as the Authority may prescribe entities on procurement shall be made available for inspection by the and excuse himself from any participation in the procurement process Authority, Anti-Corruption Commission and Auditor-General upon in which there has been a declaration. request; and where donor funds have been utilised for the procurement, donor officials shall also have access, upon request, to (4) A public officer shall excuse himself under subsection procurement files for the purpose of audit and review. (3) immediately after he becomes aware of the potential conflict; and the requirement to excuse himself shall extend to the administration Conduct of 33. (1) Any public officer involved in requisitioning, and management of any procurement contract awarded and such public planning, preparing and conducting procurement processes and declarations by public officers shall be made to their supervisors and officials. in the case of a committee member to the Chairman or secretary of the administering the implementation of contracts, shall – committee.

36 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 37 (5) All public officers and other persons involved in (4) A procuring entity shall reject a bid if the bidder offers, public procurement shall, in accordance with this Act and other gives or agrees to give an inducement referred to subsection (2) and applicable legislation– promptly notify the rejection to the bidder concerned, the Authority, and to the relevant law enforcement authorities. (a) provide full cooperation and disclosure to the Authority, the National Revenue (5) The procuring entity shall not award a contract to a Authority, Auditor-General, and other bidder who is responsible for preparing the specifications or bidding authorities exercising monitoring and documents for the contract or supervising the execution of a contract, supervisory jurisdiction over public or to any affiliate of such a bidder; but this subsection shall not procurement pursuant to the laws of Sierra apply to the various firms (consultants, contractors or suppliers) Leone; which together are performing the supplier’s obligations under a turnkey or design and build contract. (b) not later than thirty days from assuming responsibility and thirty days after leaving office, make a declaration of their assets and (6) Any bidder or supplier who is engaged in any liabilities in such form as the Anti-Corruption fraudulent, corrupt or coercive practice in connection with public Commission may determine; the declaration procurement commits an offence and on conviction be liable to a fine shall be updated annually as well as not less than 10 % of the value of the contract or to imprisonment for whenever there is a substantial change in a term not exceeding five years or to both such fine and imprisonment. assets and liabilities. 35. (1) The Authority may exclude a bidder or a supplier Debarment of (6) Public officers who contravene this Act or any from participation in public procurement for a minimum period of one bidders and suppliers. regulation made under it shall be liable to applicable administrative year and a maximum period of six years after – and civil sanctions as well as to prosecution pursuant to applicable criminal laws, including the Anti-Corruption Act, 2008. (a) consultation with the affected procuring entity to consider all the facts of the case; Conduct of 34. (1) Bidders and suppliers shall at all times abide by bidders and their obligations under this Act, the regulations, contracts, and other suppliers. (b) reasonable notice to the bidder or supplier instruments applicable to their conduct and activities related to involved of the cause of the proposed procurement. actions; and (2) A bidder or a supplier, shall not engage in or abet (c) reasonable opportunity for the bidder or corrupt or fraudulent practices, including the offering or giving, supplier to respond to the proposed action. directly or indirectly, of any inducement, the misrepresentation of facts in order to influence a procurement process or the execution of (2) A potential bidder or supplier shall not be debarred a contract, or interference in the ability of competing bidders to from participation in procurement except on the following grounds– participate in procurement processes. (a) provision of false information supplied in the (3) Bidders shall not engage in any activity, prior to or process of submitting a bid; after bid submission, designed to deprive the procuring entity of the benefits of free and open competition, including, but not restricted (b) collusion between the bidder and another to, collusion over bidding for opportunities and price fixing, and bidder or a bidder and a public officer coercive, corrupt or fraudulent practices. concerning the formulation of any part of the bidding documents;

38 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 39 (c) connivance to interfere with the participation PART V–METHODS OF PROCUREMENT of competing bidders; (d) misconduct relating to the submission of bids, 37. (1) Public procurement shall be undertaken by means of Choice of including corruption, collusion, price fixing, advertised open bid processes, to which equal access shall be procurement method. a pattern of under-pricing of bids, breach of provided to all eligible and qualified bidders without discrimination, confidentiality, and any other misconduct subject only to the exceptions provided in sections 38, 39, 40 and 41. referred to in section 34; (e) non-performance of contractual obligations (2) Procurement shall not be divied artificially with the under a contract deemed serious enough to intention of avoiding the monetary thresholds established under to warrant debarment, provided that the non- this Act or regulations made under it. performance was not due to circumstances beyond the control of the supplier; (3) If the procuring entity uses a method of procurement other than advertised open bidding or, in the case of procurement of (f) conviction of a criminal offence relating to consultant services, a method other than request for proposals, it obtaining or attempting to obtain a contract shall note in the record of the procurement processes the grounds or subcontract; for the choice of the procurement method. (g) non-settlement of tax obligations after assessment by the National Revenue (4) When the participation of the procurement end-user Authority or the evasion of tax by any means; or beneficiary community may result in enhancing the economy, or quality or sustainability of the service to be procured, or the very objective of the project is to create employment and involvement of (h) conviction of a crime related to business the beneficiary community, such end-user or community may or professional activities. participate in the delivery of services under procedures to be defined in the regulations. (3) The Ministry shall effect debarment of a bidder or a supplier excluded by the Authority under subsection (1), by not (5) In the cases referred to in subsection (4), procurement releasing funds to pay on any contract entered into between a may be carried out by force account, in which the procurement is procuring entity and the debarred bidder or supplier. carried out with self-supervision, utilising the procuring entity’s own Margin of 36. (1) A procuring entity may grant a margin of preference personnel and equipment or those of another government institution. preference. for the benefit of bids for work by domestic contractors or for the benefit of bids for domestically produced goods or for the benefit of (6) The cases in which force account may be utilised domestic suppliers of services; include, separately or in combination with any activity– (2) The margin of preference shall be calculated in (a) that, in view of its size, nature, location or accordance with the regulations and reflected in the record of the scattered locations (with no local suppliers procurement processes; available), financing or high demobilization costs for outside suppliers, does not attract (3) The margin of preference shall be authorised by the bidders, at least not at a reasonable price; Authority and shall be subject to approval by the Authority.

40 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 41 (b) that cannot be calculated, or determined in (a) when it is not feasible to define fully the detail in advance or both, such that, if it were technical or contractual aspects of the carried out by a supplier, contractor, or procurement to elicit competitive bids; and consultant, it would have to bear a large risk; (b) when, because of the complex nature of the (c) where the risk of unavoidable work goods, works or services to be procured, the interruptions is better borne by the procuring procuring entity wishes to consider various entity than by a supplier or contractor; technical or contractual solutions, and to discuss with bidders about the relative merits (d) where it has been demonstrated that force of those variants before deciding on the final account is the only practical method for technical or contractual specifications. constructing and maintaining works under special circumstances; 39. (1) In procurement processes in which the procuring National competitive entity decides that only domestic suppliers or contractors are likely bidding. (e) for a pilot project of a particular nature for to be interested in submitting bids, the procuring entity may employ development of a technology or work method national competitive bidding procedures. or both that cannot yet be carried out by a (2) The procuring entity shall not be required to employ supplier; and national competitive bidding procedures if the estimated contract amount is lower than the value threshold specified in the First (f) for works that must be carried out without Schedule. disrupting existing operations by the procuring entity’s crew familiar with those (3) The procuring entity may stipulate in the bidding operations. documents that bidders must quote only in the local currency and payments shall be made wholly in the local currency. (7) Where any procurement of goods, sub-contracted works or services is required to supplement the force account activity, (4) At least four weeks shall be allowed for submission that procurement shall be carried out in accordance with the of tenders in order to allow sufficient time for the invitation to reach appropriate provisions of this Act. candidates and to enable them to prepare and submit the bids as provided in section 24. Open 38. (1) The open bid processes may include a competitive prequalification stage or apply a post qualification procedure prior to 40. (1) The procuring entity shall employ international Interna tional bidding. competitive bidding procedures when the estimated contract amount competitive the award of contract. bidding.. is higher than the value threshold specified in the First Schedule. (2) The open bid may be carried out in a single stage or in (2) International competitive bidding may be used two stages, but the use of the two-stage method shall be used in the whenever open competitive bidding is used and effective competition circumstances specified in subsection (3). cannot be obtained unless foreign firms are invited to bid or where the goods, works or services are not available under competitive (3) An open bid may be held in two stages in the following price and other conditions from three or more suppliers in Sierra cases– Leone.

42 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 43 (3) International competitive bidding shall be in 42. (1) When restricted bidding is employed on the grounds Procedures accordance with the appropriate procedures prescribed in this Act referred to in paragraph (a) of section 41, all known suppliers for restricted bidding. together with the following;– capable of supplying the goods, works or services shall be invited to (a) the invitation to bid and bidding documents bid. shall be in English; (2) When restricted bidding is employed on the grounds (b) the invitation to bid shall also be published referred to in paragraph (b) of section 41, the procuring entity shall in a newspaper of wide international solicit bids from a minimum number of five bidders, if possible. circulation, in a relevant trade publication or technical or professional journal of wide (3) The procedures for bidding processes, as set forth in international circulation.; Part V, shall apply to restricted bidding, except to the extent that they (c) at least six weeks shall be allowed for are modified by this section. submission of bids in order to allow sufficient time for the invitation to reach candidates 43. Request for proposals for services is the method to be Request for and to enable them to prepare and submit the used for the procurement of consultant services, subject only to the proposals. tenders as provided in section 23; exceptions specified in section 46. (d) technical specifications shall, to the extent compatible with national requirements, be 44. The request for quotations method may be used for the Request for based on international standards or procurement of goods and works– quotations. standards widely used in international trade and in particular shall conform to the (a) where the procurement is for readily available provisions of section 23; commercially standard goods, not specially (e) bidders shall be permitted to express their manufactured to the particular specifications bids, as well as any security documents to of the procuring entity and the estimated be presented by them, in their respective value does not exceed the amount set in the domestic currencies, or in a currency widely First Schedule; used in international trade and stated in the bidding documents; (b) when the estimated value of the procurement of small works, does not exceed the amount (f) general and special conditions of contract set in the First Schedule; shall be of a kind generally used in (c) when the estimated value of the procurement international trade. of services does not exceed the amount set Restricted 41. (1) Subject to approval by the Procurement Committee, in the First Schedule. bidding. restricted bidding may be held in the following cases:– 45. (1) Quotations shall be requested in writing from as many Basic pro- cedures for (a) when the goods, works or services are only bidders as practicable, but from at least three bidders. request available from a limited number of bidders; for quotation. (2) The request shall contain a clear statement of the (b) when the time and cost of considering a large requirements of the procuring entity as to quality, quantity, terms number of bids is disproportionate to the and time of delivery, as well as any other special requirements. estimated value of the procurement.

44 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 45 (3) Bidders shall be given adequate time to prepare and (e) when the services require that a particular submit their quotations, but each bidder shall be permitted one consultant be selected due to his unique quotation, which may not be altered or negotiated. qualifications, or when it is indispensable to continue with the same consultant. (4) A purchase order shall be placed with the bidder that provided the lowest-priced quotation meeting the delivery and other (2) Use of sole-source procurement on the grounds requirements of the procuring entity. referred to in paragraphs of section (1) shall be subject to prior approval by the Procurement Committee. Sole-source. 46. (1) Public procurement by means of the sole-source procurement method shall be permitted only in the following 47. (1) When the procuring entity engages in sole- source Basic circumstances- procurement on the grounds referred to in subsection (1), it shall procedures sole-source for prepare a written description of its needs and any special procurement. (a) when only one supplier has the exclusive right requirements as to quality, quantity, terms and time of delivery; and to realise manufacture of the goods, carry shall request submission of a bid or proposal in writing or both and out the works, or perform the services to be shall be free to negotiate with the sole bidder. procured and no suitable alternative is available; (2) Publication in the Gazette, a newspaper of national circulation and, when feasible on the internet, of a notice of the holding (b) for additional deliveries of goods by the of sole-source procurement processes is required when the estimated original supplier which are intended either as value of the procurement exceeds the threshold set in First Schedule. part replacement for existing goods, services or installations, or as the extension of existing PART VI–BIDDING PROCEDURES goods, services or installations where a change of supplier would compel the 48. (1) An invitation to bid, or an invitation to prequalify, Invitation to procuring entity to procure equipment or shall be published in the Gazette, national print media of wide bid. services not meeting requirements of inter- circulation and electronic media. changeability with already existing equipment or services; (2) Every invitation to bid or to apply for prequalification (c) when additional works, which were not published under subsection (1), shall run for the period of time included in the initial contract have, through prescribed in subsection (4) of section 39 and paragraph (c) of unforeseeable circumstances, become subsection (3) of section 40. necessary and the separation of the (3) A procuring entity may limit participation on the basis additional works or services from the initial of nationality in accordance with the regulations and shall include in contract would be difficult for technical or economic reasons; the record of the procurement proceedings a statement of the grounds and circumstances on which it relied. (d) in cases of extreme urgency, provided the circumstances which gave rise to the urgency (4) Tenders shall be formulated and submitted in English were neither foreseeable by the procuring and except where the Authority otherwise determines or the specific entity nor the result of dilatory conduct on instruction in a bidding package or a Tender Notice so requires, English its part; shall be the official language of all communications.

46 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 47 (5) Supporting documents and printed literature furnished (2) A procuring entity shall provide, in an expeditious by a bidder may be in another language if they are accompanied by and non-discriminatory manner, the bidding documents to all potential an accurate translation of the relevant passages in English. bidders that respond to the invitation to bid or, in the case of (6) Translations may be used to interpret a bid. prequalification, to all bidders that have been prequalified, and the price that may be charged for the bidding documents shall reflect (7) In an international bid, in which the participation of only the cost of printing and distributing the documents. foreign bidders is invited, an invitation to bid or an invitation to prequalify in accordance with section 21 shall be published in English (3) The bidding documents shall inform bidders of– and where– (a) the estimated value of the procurement (a) the nature and time frame of the procurement, exceeds the thresholds set in the First including, but not limited to the technical Schedule; or specifications or drawings as the case may be, terms of reference, the contractual terms (b) there is no response to a national bidding of the procurement, and the manner of entry proceeding, into force of the contract; the bidding and contract documents shall also be made in English. (b) bidder qualification requirements if a (8) The invitation to bid or to prequalify, as the case may prequalification procedure was not followed; be, shall include information on– (c) information as to site visits and pre-bid (a) the identity and address of the procuring conferences; entity; (d) instructions for preparation and submission (b) the nature and time-frame of the procurement, of bids, including the deadline for submission including the place of delivery of goods or of bids, time and place of bid opening; services, and the location of any works; (e) components to be reflected in the price, the (c) the manner of obtaining and the price of the currency or currencies in which the bid price bidding documents, or, if applicable, the may be stated, and the currency and related prequalification documents; exchange rate to be used for comparison of bids; (d) the place and deadline for submission of bids, (f) the criteria and methodology for evaluation or of applications to prequalify; of bids and the selection of the successful bidder, which shall all be quantified in (e) such other matters as the Authority may by monetary terms or expressed in the form of statutory instrument prescribe. pass or fail requirements, if possible, or, where not possible, by relative weights and when Bidding 49. (1) A procuring entity shall use the appropriate standard considering evaluation criteria, the procuring documents. bidding documents specified in the second Schedule. entity shall consider only the following - Provided that in exceptional circumstances, the Authority may, on an (i) the bid price, subject to any margin of application by a procuring entity, approve in writing, the usage of preference applied pursuant to section 36; other formats or variations to the standard bidding documents.

48 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 49 (ii) the cost of operating, maintaining and (p) such other matters as the Authority may by repairing the goods or works, the time statutory instrument prescribe. for delivery of the goods, completion of works or provision of the services, the 50. (1) Subject to subsection (2) of section 28, a bid shall not Submission of functional characteristics of the goods be accepted unless submitted in writing, duly signed, in a sealed bids. or works, the terms of payment and of envelope within the deadline for submission of bids and any bid guarantees in respect of the goods, received after the deadline for submission of bids shall be returned works or services; unopened. (iii) the effect that acceptance of a bid would have on the environment, the extent of (2) Invitation for bidding and prequalification documents local content, including local shall permit submission of applications to bid or prequalify by hand manufacture, labour and materials, in or mail or by courier at the option of the bidder. goods, works or services being offered by bidders, the transfer of technology (3) The Authority may by statutory instrument prescribe– and the development of managerial, scientific and operational skills; (a) other methods of submission of bids, such (g) the preference, if any, for domestic goods and as by electronic mail; contractors as the Authority may by statutory instrument prescribe. (b) rules for the protection of the confidentiality (h) any grouping of goods, works or services and security of bids, including the into lots and packages and the manner of prevention of the opening and reading of evaluation of the lots and packages; bids by anyone until the time set in (i) whether alternatives to the technical or accordance with paragraph (d) of subsection contractual specifications would be (3) of section 49. considered and, if so, how those alternatives would be evaluated; (4) Bids shall remain valid for the period of time indicated in the bidding documents, but modification or withdrawal of a bid (j) if suppliers are permitted to submit bids for during the bid validity period is subject to forfeiture of the bid security. only a portion of the goods, works or services to be procured, a description of the portion or portions for which bids may be submitted; (5) The validity period of a bid may be deemed extended only on the basis of the agreement of the bidder concerned and (k) the required validity period of bids; bidder that agrees to an extension of the validity period of its bid (l) the amount and acceptable forms of any shall also obtain a corresponding extension of the bid security, if required bid, performance or other security; such a security was required. (m) the conditions of contract which will be entered into with the successful bidder; 51. (1) The bidding documents may require every bidder to Bid security. submit a bid security, which shall be on such terms and conditions (n) notice of conflict-of-interest restrictions and as the Authority may by statutory instrument prescribe. anti-fraud and corruption rules; (o) the manner in which bidders may obtain (2) Forfeiture of a bid security may be imposed only in review of actions, omissions and decisions the event of– of the procuring entity; and,

50 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 51 (a) a modification or withdrawal of a bid after the (2) Bids which are not complete, not signed, not deadline for submission of bids and during accompanied by a bid security in the prescribed form, if one is its period of validity; required, or not accompanied by essential supporting documents such as business registration certificates, business licences and tax (b) refusal by a bidder to accept a correction of receipts, or are substantially non-responsive to the technical an arithmetical error appearing on the face of specifications or contract conditions or other critical requirements the bid; in the bidding documents, shall be rejected and excluded from further (c) failure by the successful bidder to sign a evaluation and comparison. contract in accordance with the terms set forth in the bidding documents; or (3) The Authority may by statutory instrument prescribe– (d) failure by the successful bidder to provide a (a) other methods of submission of bids, such security for the performance of the contract as by electronic mail; if required to do so by the bidding documents. (b) protecting the confidentiality and security Bid opening. 52. (1) Bids shall be opened at the time and place indicated of bids, including the prevention of the in the bidding documents, and the time of bid opening shall coincide opening and reading of bids by anyone until with the deadline for submission of bids, or follow immediately the time set in accordance with paragraph thereafter, allowing a minimum time interval for logistical reasons. (d) of subsection (3) of section 49. (2) Bidders or their representatives may attend the bid opening, where the name of the bidder, the total amount of each bid, (4) Bids not excluded from consideration under any discounts or alternatives offered, and the presence or absence subsections (2) and (3), shall be evaluated taking into account those of any bid security, if required, and essential supporting documents shall be read out loud and recorded, and a copy of the record shall be factors explicitly stated in the bidding document. made available to any bidder on request; and any documents with financial implications must be signed by the Chairman and two other (5) The procuring entity may seek clarification from any members of the bid opening committee. bidder to facilitate evaluation but shall neither ask nor permit any (3) No decision regarding the disqualification or rejection bidder to change the price or any other aspect of the bid and if a of any bid shall be taken or announced in the bid opening session. bidder amends its bid in any manner, that bid will be rejected and its (4) Following opening of the bids, and until the preliminary bid security forfeited. decision on award has been notified to the successful bidder, no bidder shall make any unsolicited communication to the procuring (6) Where there is an arithmetical error, the error shall be entity or try in any way to influence the procuring entity’s examination and evaluation of the bids. rectified and the bidder notified but if the bidder refuses to accept such correction, its bid shall be rejected and the bid security forfeited. Exa mination 53. (1) Following the opening of bids, the procuring entity evaluation shall first examine the bids in order to determine whether the bids are and com- complete, signed, whether required documents to establish legal (7) Where there is a discrepancy between figures and parison of bids. validity and required bid security have been furnished and whether words, the amount in words shall prevail unless the discrepancy is bids are substantially responsive to the technical specification and due to misplacement of decimal point, in which case the mistake contract conditions set forth in the bidding documents. shall be rectified and the bidder notified.

52 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 53 (8) In carrying out the evaluation, if there are minor (2) Prior to the expiry of the period of bid validity, the deviations in any bid which did not merit rejection at the earlier stage, procuring entity shall notify the successful bidder of the proposed such minor variation shall be costed, if possible, and the evaluated award, which shall specify the time within which the contract must be cost of the bid shall then be compared to those of other bids to signed, subject to any intervening complaints filed in accordance determine the lowest evaluated bid. with Part VI. (9) Where the process included a prequalification, the qualifications of the lowest evaluated bidder shall be verified again (3) Notice of award shall be given to other bidders at the to take account of any change since the original prequalification. same time the successful bidder is notified, specifying the name and address of the proposed bidder and the price of the contract, but the (10) Where there was no prequalification, the contract shall not be signed until at least 14 calendar days have qualifications of the lowest evaluated substantially responsive bidder passed following the giving of that notice. shall be checked against the criteria specified in the bidding documents; if that bid fails, the same check shall be applied to the next ranked bid. (4) Where a bidder whose bid has been accepted fails to sign a written contract, when required to do so, or fails to provide (11) The procuring entity shall prepare an evaluation report any required security for the performance of the contract within the detailing the examination and evaluation of bids and identifying the prescribed time limit, the procuring entity shall accept the next ranked recommendation for award of contract in accordance with the bidder from among the remaining bids that are in force, but in selecting evaluation criteria specified in the bidding document. the next ranked bidder, the procuring entity shall comply with Non- provisions of section 52 as appropriate. 54. Information relating to the examination, clarification, disclosure of bid evalua- evaluation and comparison of bids shall not be disclosed to (5) Any person who signs or enters into a procurement tion details. suppliers or contractors or to any other person not involved officially contract on behalf of a procuring entity where there is a pending in the examination, evaluation or comparison of bids or in the decision on which bid should be accepted, except as provided in complaint and in contravention of this subsection commits an offence subsections (3) and (4) of section 32. and shall be liable on conviction to a fine not exceeding 10 % of the value of the contract or to imprisonment for a term not exceeding five Prohibition of 55. (1) No negotiation shall take place between the negotia -tion. years or to both such fine and imprisonment. procuring entity and the supplier or contractor with respect to a bid submitted by the supplier or contractor. 57. (1) Where the bidding documents require the supplier or Accepta nce contractor whose bid has been accepted to sign a written procurement of bid and signature of (2) Where the lowest evaluated responsive bid exceeds contract conforming to the bid, the procuring entity and the supplier contract. the budget for the contract by a substantial margin, the procuring shall sign the procurement contract within 30 days after the notice entity shall investigate the causes for the excessive cost and may referred to in subsection (2) of section 56 has been dispatched to the request new bids. supplier or contractor. Award of 56. (1) The contract shall be awarded to the bidder having (2) Where a written procurement contract is required to contract. submitted the lowest evaluated and substantially responsive bid be signed, the procurement contract shall enter into force when the which meets only those evaluation criteria as specified in the bidding contract is signed by the supplier or contractor and by the procuring documents. entity.

54 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 55 (3) Except as provided in subsection (2) of section 56, a (b) modify the technical specifications, procurement contract in accordance with the terms and conditions of evaluation criteria, and contract conditions, the accepted bid shall enter into force when the notice is dispatched while seeking to maximise competition and to the supplier or contractor that submitted the bid while the bid is in articulate appropriate evaluation methodo- force. logy. (4) Contracts shall be signed by the head of a procuring (4) In the second stage, the procuring entity shall invite entity, but he may delegate signature of small contracts to the head bidders whose bids have not been rejected to submit final bids with of procurement unit or other senior official of the entity. prices responsive to the revised bidding documents. (5) Any contracts entered into between a procuring entity (5) A bidder, not wishing to submit a final bid, may and a successful bidder shall be valid only if it contains an express withdraw from the bidding processes without forfeiting any bid provision allowing cancellation of the contract by the Panel if security that the bidder may have been required to provide, and the the panel finds a contravention of any provision of this Act or any final bids shall be evaluated and compared in accordance with the regulation, document or process relating to the procurement. criteria and methodology included in the revised bidding documents. Two-stage 58. (1) Where a procurement is to be done by a two- stage bidding. (6) The procedures for bidding specified in section 57 bidding, the bidding documents shall, in the first stage, require bidders shall apply to two-stage bidding processes, except to the extent they to submit initial bids without a bid price, and may solicit initial are modified by this section. proposals relating to the technical, quality or other characteristics of the goods, works or services, as well as to contractual terms and conditions of the proposed contract, and, where relevant, the 59. (1) For the purposes of procuring the services of a Request for professional and technical competence and qualifications of the consultant, the procuring entity shall prepare a shortlist of three to consultant’s services. bidders. six consulting firms, to the greatest extent feasible, comprising consultants of the same category, and similar capacity and business (2) The procuring entity may engage in discussion with objectives, to which it shall provide the request for proposals for any or all bidders whose proposals satisfy the conditions set forth in services; and the short-list shall be established from among those the bidding documents with a view to understanding the proposals who have capacity to perform the required services, as demonstrated or to indicate changes required to make them acceptable and to seek in their submissions. the bidder’s willingness to make such changes and the minutes of these discussions shall form part of the procurement records. (2) When the estimated value of the procurement exceeds the threshold set out in the First Schedule, in order to establish the (3) At the end of the first stage, the procuring entity may– shortlist, the procuring entity shall seek expressions of interest by (a) reject those bids which do not, and cannot publishing a notice in the Gazette, in a national print media of wide be changed to meet the basic requirements, circulation, and whenever feasible, on the internet, and where minimum performance, or required appropriate, the notice may also be published in a relevant trade completion time or have any other weakness which makes the bid substantially non publication or technical or professional journal. responsive;

56 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 57 (3) For assignments of a value lower than the threshold (6) The price of a proposal shall be considered by the set out in the First Schedule, the shortlist may be established from procuring entity only after completion of the technical evaluation. market knowledge, or other sources of information but in the case of assignments which have an estimated value above that threshold, or 60. (1) The selection of the successful proposal shall be Selection are particularly complex, an advertisement shall also be utilised. based on based either– quality and cost. (4) The request for proposals shall provide short listed bidders with the information necessary to enable them to participate (a) on the technical quality of the proposal, the in the procurement processes and to submit proposals that are consultant’s relevant experience and the responsive to the needs of the procuring entity including, in particular: expertise of its staff, and the proposed work methodology, as well as the price of the (a) the name and address of the procuring entity; proposal; (b) the nature, time frame and location of the (b) on the quality of the technical proposal services to be provided, terms of reference, required tasks and outputs; submitted within a predetermined fixed budget; or (c) the criteria to be used in evaluating and comparing proposals, and their relative (c) on the basis of the best financial proposal weight as compared to price; submitted by the candidates, having obtained an acceptable technical score pre- (d) the contractual terms of the procurement, and disclosed in the request for proposals. the manner of entry into force of the contract; (e) instructions for preparation and submission (2) Detailed procedures shall be set out in the regulations. of proposals, and the place and deadline for submission of proposals; 61. When the services are of an exceptionally complex nature Selection or based on (f) the final selection procedures to be applied; of a considerable impact on future projects or national economy or quality. when they may lead to the submission of proposals which are difficult (g) notice of conflict-of-interest restrictions and to compare, the consultant may, subject to the approval of the anti-fraud and corruption rules, including the grounds for potential debarment from future procurement committee, be selected exclusively on the basis of the participation in procurement of goods, technical quality of his proposal. services or works that may result from the assignment under consideration; and 62. (1) The contract may be negotiated with the selected Contra ct award. consultant but negotiations may not be simultaneously held with (h) such other matters as may be prescribed in several consultants. the regulations and standard documents issued by the Authority.

58 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 59 (2) The procuring entity shall notify its proposed award (2) The head of the procuring entity shall not entertain to all short-listed consultants at the same time it notifies the selected an application for review unless it was submitted within 14 calendar consultant, but where the value of the contract exceeds the levels set days, or when the bidder submitting it became aware of the out in the regulations, the contract shall not be signed until at least circumstances giving rise to the complaint or of when that bidder should have become aware of those circumstances, whichever is 14 calendar days have passed following the giving of that notice. earlier. (3) The selected consultant shall not be permitted to (3) Unless the complaint is resolved by mutual agreement, substitute key staff, unless both parties agree that undue delay in the head of the procuring entity shall suspend the procurement the selection process makes such changes unavoidable or that such processes and shall, within five working days after submission of the changes are critical to meet the objectives of the assignment. complaint, issue a written decision, stating the reasons, and, if the com­plaint is upheld, indicating the corrective measures to be taken. (4) The key staff proposed for substitution shall have (4) If the Head of the procuring entity does not issue a qualifications equal to or better than the key staff initially proposed. decision within the time stated in subsection (3), or if the complainant is not satisfied with the decision of the head of the procuring entity, PART VII –COMPLAINTS PROCEDURE the complainant is entitled to submit a complaint to the Panel pursuant to section 65. Right to 63. (1) A potential or actual bidder that claims to have review. suffered, or that is likely to suffer, loss or injury due to a breach of a (5) Complaints under subsection (4) shall not be heard unless submitted to the Panel within ten working days from the elapse duty imposed on the procuring entity by this Act, the regulations of the time stated in subsection (3) or from the date on which the and the bidding document, may seek review in accordance with this entity’s decision was communicated to the complainant. Part, at any stage of the procurement processes. 65. (1) Subject to subsection (4), an application for review Review by (2) An application for review under subsection (1), shall may be brought before the Panel in the following circumstances– independent procurement not be entertained unless it identifies the specific act of omission or review panel. commission alleged to contravene this Act or the regulations and the (a) in the form of an appeal by the complaining bidder against a decision by the head of the bidding document. procuring entity, provided that the appeal is submitted within ten working days of the (3) Where an application for review concerns alleged date of the decision; improprieties in the solicitation of applications to prequalify, or to solicitation of bids, which are apparent prior to bid opening, such (b) where the head of a procuring entity fails to applications shall be entertained only if submitted prior to bid opening. render a decision within the required time frame, provided that the application for review Review by 64. (1) Prior to the entry into force of a contract, application is filed within ten working days of the expiry head of of the time for the decision by the head of the procuring for review shall be made, in the first instance, in writing, to the head procuring entity referred to in subsection (3) entity. of the procuring entity. of section 64;

60 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 61 (c) in the case where the contract has already (d) reasons relating to contract implementation entered into force, any application for review or administration rather than contract award; submitted in the first instance to the Panel shall not be entertained unless it is submitted (e) challenging an affirmative determination of to the Panel within ten working days of when qualifications of a competing bidder. the bidder submitting it became aware of the circumstances giving rise to the complaint or (5) Unless a complaint is dismissed, the remedies that of when that bidder should have become may be ordered by the Panel include– aware of those circumstances, whichever is earlier. (a) prohibiting the procuring entity from acting (d) in the form of an appeal by the complaining or deciding in an unauthorized manner or bidder against a decision by the Authority from following incorrect procedure; pursuant to a debarment process. (b) annulling in whole or in part any (2) In order for an application for review to be considered unauthorised act or decision of a procuring by the Panel, the application shall be accompanied by both an entity, including contract award or any administrative fee and a complaint fee as specified in the regulations. decision or act bringing the contract into force; (3) The Panel shall make a decision under this section within ten working days after receiving the complaint. (c) reversing a decision by the procuring entity (4) A complaint may be dismissed for– or substituting its own decision for such a decision; (a) failure to comply with any of the requirements of this Part; (d) award of costs incurred in participating in the bidding process where the results were (b) setting forth only allegations that do not state not in accordance with this Act or any a valid basis for a complaint, or that do not regulation made under it. set forth a detailed legal and factual statement; (6) Where a timely submission of a complaint is made in (c) having been filed in an untimely manner, accordance with deadlines set in this section the procurement either at the initial level of review by the processes shall be suspended until a decision on the complaint is procuring entity, or with respect to deadlines issued by the Panel. for filing of a complaint with the Panel;

62 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 63 Disposal procedures. (7) The suspension under subsection (6) shall not apply 67. (1) Disposal of obsolete or surplus items shall be by– if the procuring entity certifies to the Panel that urgent public interest considerations, such as natural disasters, medical emergencies, civil (a) transfer to government departments or other strife and outbreak of war, require the procurement to proceed. public entities, with or without financial adjustment; (8) The certification, under subsection (7) shall state the grounds for the finding that urgent considerations exist and which (b) sale by public bid to the highest bidder, shall be made a part of the record of the procurement processes, and subject to reserve price; shall be conclusive with respect to all levels of review, except judicial review. (c) sale by public auction, subject to reserve price; or (9) Where the Panel has found that a criminal act may have been committed, it shall forward its decision and (d) destruction, dumping, or burying as recommendations to the competent authority for possible criminal appropriate. investigations or prosecution PART IX – MISCELLANEOUS PART VIII – DISPOSAL OF STORES AND EQUIPMENT Regulations. Authority to 68. (1) The Authority may by statutory instrument, make dispose. 66. (1) Subject to sub-section (3) of section 5 of the National regulations for giving effect to this Act. Assets Commission Act, 2000 the head of a procuring entity shall convene a Board of Survey comprising representatives of (2) Without prejudice to subsection (1), regulations made departments with unserviceable, obsolete or surplus stores, plant, under this Act may provide for– equipment and vehicles which shall report on the items and, subject to a technical report on them, recommend the best method of disposal (a) standard bidding documents, request for after the officer in charge has completed a Board of Survey form. proposals and other forms to be used on a mandatory basis by procuring entities; (2) The Board of Survey’s recommendations shall be approved by the head of the procuring entity and the items shall be (b) the preparation and submission of bids; disposed of following disposal procedures specified in section 67. (c) the manner of publication of the notice of (3) Where items become unserviceable for reasons other procurement contract awards; than fair wear and tear, such as through accident or expiry, a set procedure established by the Board for handling losses shall be (d) the margin of preference in the evaluation of followed before the items are boarded and disposed of. bids;

64 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 65 (e) the preparation and submission of FIRST SCHEDULE applications to pre-qualify for a bids THRESHOLDS SECTIONS 40, 44, 48 (2), 59, 68, (2) (11) (f) detailed procedures for selection of 1. Contract awards shall be published when the estimated value of the contract consultants using methods other than those is above : specified in sections 59 to 62; . (a) In the case of contracts for the procurement of goods, Le 300.00 (g) procurement processes on the basis of million nationality; (b) In the case of contracts for the procurement of works, Le 600.00 (h) the procurement process where one entity or million a specially appointed agent is to procure items on behalf of another entity; (c) In the case of contracts for the procurement of services, Le 300.00 million (i) the amendment of the thresholds for procurement methods and award of contracts 2. Request for Quotation shall be used when the estimated value of the under the First Schedule; procurement is below: (j) sample forms of the procurement plans; (a) In the case of contracts for the procurement of goods, Le 60.00 million (k) print and electronic media acceptable for publication in compliance with this Act; and (b) In the case of contracts for the procurement of works, Le 150.00 million (l) on any other matter connected under this Act with public procurement. (c) In the case of contracts for the procurement of services, Le 60.00 Repeal of Act million No. 14 of 20 04 69. (1) The Public Procurement Act, 2004 is hereby repealed. 3. National Competitive Bidding (N.C.B.)shall be used when the estimated value of the procurement is below: (2) Notwithstanding the repeal of the Public Procurement Act, 2004 under subsection (1), any order, rules, notices or regulation (a) In the case of contracts for the procurement of goods, Le 600.00 made under the repealed Act and in force immediately before the million coming into force of this Act shall, unless revoked, continue in force.

66 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 67 (b) In the case of contracts for the procurement of works, Le 900.00 6. Approval of Contract Awards million Type of contract Contract Value (Le) Authority approving (c) In the case of contracts for the procurement of services, Le 600.00 (Threshold in SLL million) proposed contract award million 1. Goods Less than 15 Head of Procurement Unit or 4. International Competitive Bidding (I.C.B.) shall be held when the estimated Department value of the procurement exceeds:

15-60 Head of Procuring Entity (a) In the case of contracts for the procurement of goods, Le 600.00 Above 60 Procurement Committee million 2. Works/Tech- Less than 30 Head of Procurement Unit (b) In the case of contracts for the procurement of works, Le 900.00 nical Services or Department million 30-100 Head of Procuring Entity (c) In the case of contracts for the procurement of services, Le 600.00 Above 100 Procurement Committee million 3. Consulting Less than 6 Head of Procurement Unit or Services Department 5. Expression of Interest for Selection of Consultants

6-30 Head of Procuring Entity The solicitation of expressions of interest is required when the estimated value of Above 30 Procurement Committee the consultants’ services is above Le 600.00 million.

68 No. 1 Public Procurement Act 2016 No. 1 Public Procurement Act 2016 69

SECOND SCHEDULE - STANDARD BIDDING DOCUMENTS SECTION 49 1. GOODS (a) RFQ Passed in Parliament this 3rd day of November, in the year of our Lord two (b) NCB thousand and Fifteen. (c) ICB IBRAHIM S. SESAY, Clerk of Parliament. (d) Health goods (e) Information Technology (IT) Goods THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed copy 2. WORKS of the said Bill. (a) RFQ (b) NCB IBRAHIM S. SESAY, Clerk of Parliament. (c) ICB 3. SERVICES (a) Request for Proposals for small contracts (less than Le 300.00 million) (b) Request for Proposals for large contracts (above Le300.000 million). PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GAZETTE NO. 10 OF 25TH FEBRUARY, 2016.