Public Procurement and Disposal of Public Assets Act [Chapter 22:23]

Short title: 
Public Procurement and Disposal of Public Assets Act [Chapter 22:23]
Long title: 
Public Procurement and Disposal of Public Assets Act [Chapter 22:23]
Year of Act: 
2017
Number of Act: 
5
Date of assent: 
04 August 2017
Date of promulgation: 
04 August 2017
In force: 
No
Taxonomy: 
Public Procurement and Disposal of Public Assets Act, [Chapter 22:23]

PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSETS ACT

[CHAPTER 22:23)

ARRANGEMENT OF SECTIONS PART I Preliminary

Section

  1.    Short title and date of commencement
  2. Interpretation.
  3. Application of Act.
  4. Objectives of Act.

PART II

Procurement Regulatory Authority of Zimbabwe

  1. Establishment of Procurement Regulatory Authority of Zimbabwe.
  2. Functions of Authority.
  3. Powers of Authority.
  4. Board of Authority.
  5. Provisions relating to membership, procedure, staff and finances of Authority.
  6. Execution of contracts and instruments by Authority.
  7. Reports of Authority.
  8. Validity of decisions and acts of Board and committees.
  9. Exemption from liability of Authority and its employees and agents.

PART III

Responsibility for Procurement and Procuring Entities

  1. Responsibility for procurement.
  2. Authorisation to conduct procurement.
  3. Duties of accounting officers and other persons to comply with Act.
  4. Procurement management unit of procuring entity.
  5. Evaluation committees of procuring entity.
  6. Shared procurement among procuring entities.

PART IV

Procurement Preparation and Planning

  1. Procurement preparation.
  2. Planning of procurement.
  3. Annual procurement plan.
  4. Individual procurement plan.
  5. Planning for shared procurement.
  6. Division of procurements.
  7. Market consultations.

PART V

Technical Requirements and Qualifications of Bidders

  1. Description of subject-matter of procurement.
  2. Participation by bidders.
  3. Domestic preference.

 

 

No. 5/2017

 
 

 

Public Procurement and Disposal of Public Assets

 
 

Cap. 22:23

 
 

PART VI

Methods of Procurement

Section

  1. Selection of procurement method.
  2. Competitive bidding method.
  3. Restricted bidding method.
  4. Direct procurement method.
  5. Request for quotations method.

PART VII

Procedures for Competitive and Restricted Bidding

  1. Application of Part VII.
  2. Form of communication.
  3. Invitations to bid.
  4. Contents and publication of procurement notices.
  5. Bidding period.
  6. Bidding documents.
  7. Clarification and modification of bidding documents.
  8. Cancellation of procurement proceedings or rejection of bids.
  9. Submission of bids or applications to pre-qualify.
  10. Bid security.
  11. Amendment or withdrawal of bid.
  12. Opening of bids.
  13. Examination of opened bids.
  14. Clarification of bids.
  15. Rejection of bids.
  16. Evaluation of bids.
  17. Correction of errors and omissions in bids.
  18. Prohibition of negotiation regarding bids.
  19. Confidentiality.
  20. Special Procurement Oversight Committee for certain especially sensitive or

Especially valuable contracts.

  1. Contract award.
  2. Performance security.

PART VIII

Procurement of Consultancy Services

  1. Interpretation in and application of Part VIII.
  2. Request for proposals method.
  3. Methods of soliciting, evaluating and selecting bids.
  4. Quality and cost based selection method.
  5. Selection under fixed budget method.
  6. Least-cost selection method.
  7. Quality-based selection method.
  8. Selection amongst community service organisations method.
  9. Single-source selection method.
  10. Selection of individual consultant method.

 
 

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Cap. 22:23

 
 

Public Procurement and Disposal of Public Assets

 
 

No. 5/2017

 
 

PART IX

Transparency and Integrity

Section

  1. Information to be given to rejected bidders.
  2. Notification of contract award.
  3. Records of procurement proceedings.
  4. Conduct of procurement officers.
  5. Code of conduct for procurement officers.
  6. Conduct of bidders and contractors.

PARTX

Challenge Proceedings

  1. Challenge to procurement proceedings.
  2. Application for review of procurement proceedings by review panel.
  3. Appointment of review panels.
  4. Review by review panel.
  5. Appeal to Administrative Court against decision of review panel.

PART XI

Procurement Contracts

  1. Procurement contract.
  2. Responsibility for contract management.
  3. Approaches to pricing in procurement contract.
  4. Variation of procurement contract.
  5. Payment under procurement contract.
  6. Subcontracting.
  7. Inspection of goods and construction works.
  8. After-sale service.
  9. Insurance requirements.
  10. Remedies for breach of contract.
  11. Liquidated damages for delay.
  12. Contract termination.

PART XII

Disposal of Public Assets

  1. Responsibility for disposal of public assets.
  2. Disposal committee.
  3. Disposal procedure.
  4. Restriction on disposal of assets to employees, etc.
  5. Challenge to disposal of asset by procuring entity.

PART XIII Investigations by Authority

  1. Interpretation in Part XIII.
  2. Appointment of investigator by Authority.
  3. Powers of investigator.
  4. Procedure on completion of investigation.

 
 

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No. 5/2017

 
 

Public Procurement and Disposal of Public Assets

 
 

Cap. 22:23

 
 

PART XIV

General

Section

  1. Authority may declare person ineligible to be awarded procurement contract.
  2. Application of Act to joint ventures.
  3. Regulations.
  4. Publication of legal documents.
  5. Repeal of Cap. 22:14 and savings and transitional provisions.
  6. Amendment of section 4 of Cap, 24:14.
  7. Amendment of section 79 of Cap. 29:13.
  8. Amendment of Cap. 29:15.

FIRST SCHEDULE: Provisions Applicable to Membership, Procedures, Staff and Finances of Authority.

SECOND SCHEDULE: Ancillary Powers of Authority.

THIRD SCHEDULE: Authorisation to Conduct Procurement Proceedings.

 
 

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Cap, 22:23                                          Public Procurement and Disposal of Public Assets                                                                            No. 5/2017

 
 

ZIMBABWE

 
 

ACT

To provide for the control and regulation of public procurement and the disposal of public assets so as to ensure that such procurement and disposal is effected in a manner that is transparent, fair, honest, cost- effective and competitive; to establish the Procurement Regulatory Authority of Zimbabwe and to provide for its functions; to amend the Infrastructure Development Bank of Zimbabwe Act [Chapter 24:14]; to repeal the Procurement Act [Chapter 22:14] (No. 2 of 1999); and to provide for matters connected with or incidental to the foregoing.

ENACTED by the Parliament and President of Zimbabwe.

  1. Short title and date of commencement
  1. This Act may be cited as the Public Procurement and Disposal of Public Assets Act [Chapter 22:23],
  2. This Act shall come into operation on a date to be fixed by the President by notice in a statutory instrument.
  1. Interpretation

(I) In this Act—

“accounting officer”, in relation to—

  1. a procuring entity that is a Ministry or other entity for which there is a separate expenditure vote in the annual estimates of expenditure, means the person who is prescribed to be its accounting officer in terms of section 10 of the Public Finance Management Act [Chapter 22:19] (No. 11 of 2009);
  2. a procuring entity other than an entity referred to in paragraph (a), means such officer of the entity as may be prescribed;

 

 

 

 

 

 

Published in the Government Gazette,                                            Date of commencement to be fixed by

4th August 2017 [General Notice 442/2017]                                 Statutory Instrument in terms of section 1(2)