This Public Procurement Act, consisting of 108 sections, applies to all procurement and disposal by tender, including those by non-governmental and public-private partnership entities, with specific provisions for defense and national security organs, and establishes under Section 4A that all procurement and disposal activities must prioritize integrity, competition, accountability, economy, efficiency, and transparency to ensure fairness and the best value for money. Furthemore, public officers, experts, and tenderers involved in procurement must adhere to and sign a declaration of compliance with a Code of Ethical Conduct. The Act (i) establishes the Public Procurement Policy Division under the Ministry of Finance, which is responsible for developing, monitoring, and advising on national procurement policies, as well as managing the professional development and capacity of procurement staff; (ii) establishes the Public Procurement Regulatory Authority with the power to acquire property and enter into contracts. Its main objectives and functions are to ensure fair, transparent, and competitive procurement practices, monitor compliance, set standards, provide guidance, and build capacity in public procurement systems. The Authority has also the power to investigate various aspects of public procurement, including the registration of suppliers, tender procedures, contract awards and implementation, and the issuance of licenses; (iii) establishes that each public body must create a tender board to manage the procurement of goods, services, and works, as well as the disposal of public assets through a tendering process; (iv) provides that procuring entities shall ensure that procurement or disposal by tender is implemented and reported through electronic procedures or manually where electronic facility is not available; (v) outlines that all procurement and disposal activities within public-private partnerships must adhere to the Public Private Partnership Act and its regulations, requiring approval from relevant authorities before the procurement phase begins; (vi) establishes that the procurement of commodities such as grain and other food stuff, animal feeds, fuel, fertilizer, the market price of which fluctuate seasonally depending upon demand and supply at any particular time, shall be carried out on a seasonal basis.
Procuring entities must act transparently and reject bids from any person or firm found to have engaged in fraudulent or corrupt practices, which can lead to blacklisting, contract cancellation, and criminal prosecution. It is also established the Public Procurement Appeals Authority, an independent body, which has the power to hear and resolve disputes against procuring entities and review decisions made by the Public Procurement Regulatory Authority. The main offences outlined in the Act are the following (i) giving false information or evidence; (ii) interfering with or unduly influencing an officer or employee of the Authority; (iii) tampering with sealed tenders or divulging their contents before the official opening time; (iv) conspiring or colluding to commit fraud, corruption, or other illegal acts; (v) causing the loss of public property or funds through negligence; (vi) failing to provide required information, documents, or reports without a valid excuse; (vii) unjustifiably delaying the opening, evaluation, or awarding of a contract.