This Act, consisting of 131 Sections, governs all procurement, supply management, and asset disposal by tender for both government and non-government entities, with special provisions for public-private partnerships and defense and security organs. The Act (i) establishes that all procurement, supply, and disposal activities must be conducted with the goals of achieving value for money and maximizing integrity, competition, accountability, efficiency, and transparency, while also ensuring fairness and promoting local industry and sustainability; (ii) provides for the establishment of a Commissioner for Public Procurement Policy, under the Ministry responsible for the public procurement, a senior professional responsible for developing, monitoring, and advising on national procurement and supply policies, as well as managing the procurement workforce; (iii) reaffirms the existence of the Public Procurement Regulatory Authority from the previous legislation; (iv) establishes that emergency procurement is permitted when an accounting officer determines that it is in the public interest to quickly acquire goods, works, or services due to a compelling and urgent threat to public health, safety, or the continued functioning of the government; (iv) establishes that annual procurement plans must be approved and followed, utilizing various methods such as competitive tendering, direct procurement, and emergency procurement, while providing preferential treatment to local firms and special groups. The Act includes specific provisions for Public-Private Partnerships (PPPs), requiring project concept approval before procurement begins. It also outlines prohibitions and offenses related to fraud, corruption, and collusion, with penalties that include fines, imprisonment, and debarment. Finally, it establishes a dispute resolution process, allowing tenderers to seek review from accounting officers or appeal to the Appeals Authority.
The new legislation establishes that all procurement, supply, and disposal activities must be carried out in a way that promotes local industry, sustainable development, and environmental protection. This includes conducting supply management in a manner that prevents waste and loss of received goods, supplies, and assets, ensuring their continued use.