Frequently Asked Questions

Procurement FAQs

What are the objectives of Public Procurement?

According to Act 663 Section 2, the object of the Authority is to harmonize the process of public procurement in the public service to secure a judicious, economic and efficient use of state resources in public procurement and ensure that public procurement is carried out in a fair, transparent and non-discriminatory manner.

What are works?

According to Acct 663 Section 98, works means work associated with the construction, reconstruction, demolition, repair or renovation of a building or structure or surface and includes site preparation, excavation, erection, assembly, installation of plant, fixing of equipment and laying out of materials, decoration and finishing and any incidental activity under procurement contract.

What are Services?

According to Act 663 Section 98, service means the furnishing of labour, time, or effort not involving the delivery of a specific end product other reports, which are merely incidental to the required performance; and includes consulting, professional and technical services but does not include employment agreements or collective bargaining agreements.

What are goods?

According to Act 663 Section 98, goods means objects of every kind and description including raw materials, products and equipment and objects in solid, liquid or gaseous form and electricity, as well as services incidental to the to the supply of the goods if the value of those incidental services do not exceed that of the goods themselves.

What is Public Procurement?

Public procurement refers to the purchase by governments and state-owned enterprises of goods, services and works.

Frequently Asked Questions

Tender FAQs

When do you seek administrative review?

A complainant can seek administrative review directly at the Public Procurement Authority within twenty-one (21) days of any of the following instances: The complaints submitted at the Entity level is not resolved with twenty-one (21)days; Dissatisfaction with and/or adversely affected by the written decision of the Head of Entity

What tender processes are not subject to review?

Tenderers should note that the following are not subject to review. The selection of a method of procurement; The choice of selection procedure ; The limitation of procurement proceedings A decision by the entity to reject tenders, proposals, offers or quotations

What is the available remedy to disgruntled tenderer?

If for some reason/tenderer/supplier is dissatisfied with the conduct, results or communication of a tender, he/she could seek an administrative review.

Are there any specific criteria for evaluations?

Tender documents are evaluated on the basis of the terms and conditions stated in the tender documents. No criteria other than those prescribed in the tender document can be introduced at any stage of the evaluation process.

Is a tenderer required to attend tender openings?

Tenderers willing to participate in the tender opening should be allowed to do so.

What important information should a tenderer look out for when purchasing a tender document?

A tender document must indicate the deadline for tender submission date, time and venue for the opening

Frequently Asked Questions

Public awareness workshops on three new financial laws:

  • the financial administration act 2003, act (654),
  • internal audit agency act 2003, act (658), and
  • public procurement act 2003, (act 663)

Assuming you have a small Health Service and you don’t have a big team (required members to form a tender committee) yet you take unilateral decisions on procurement. How will the committee be formed?

There is no public or government health institution without adequate personnel to form the committee. If there is no big team to form the committee, you should at least be able to form a quorum, which is five.

Before the law came into effect the Minster of Health had its tender committee, do we have to abandon the old committees?

The old committee must be abandoned and form the new committee according to the Public Procurement Act, 2003 (ACT 663)

Assuming the procurement is beyond the threshold of an Entity, does one have to move to Regional Tender Committee or to the Central Tender Committee? i.e. Is there a need for me to go through the structure?

You have to go through the structure. If the threshold is above the Entity Head, you move to the ETC, depending on the threshold you move to the MTRB then finally to the CTRB

Should World Bank (Donors) Procurement guidelines be used or GOG guidelines be used in the event of a project being funded by a World Bank (Donor)?

If a donor funds a project, the law allows the guidelines provided by the donor to be used in that procurement.

Is there room for communication on the procurement working document structure?

Yes. There is room for communication on the procurement document structure

What do we do with suppliers of goods that refuse to accept Tax deduction because they have already paid tax?

If the supplier has paid tax which covers the contract amount, then there is no need for any tax deduction. Where tax does not cover the contract amount there is the need for tax deduction.

Ask us questions?