What the Law Says

17. (1) Subject to any exemption allowed by this Law, all public procurement shall be conducted:

(a) subject to the prior review thresholds that may from time to time be set by the Council pursuant to section 3 (a) of this Law;

(b) based on procurement plans supported by budgetary appropriation, and no procurement proceedings shall be formalized until the procuring entity has ensured that funds are available to meet obligations and subject to the threshold in the regulations made by the Commission and has obtained a “Certificate of No Objection” from the Commission;

(c) by open competitive bidding;

(d) in a manner which is transparent, timely and equitable for ensuring accountability and conformity With this Law and regulations deriving from;

(e)with the aim of achieving value for money and fitness for purpose; in a manner which promotes competition, economy and efficiency; and

(f) in accordance with procedures and timelines laid down

(2) Where the Council has set prior review thresholds no funds shall be disbursed from the Treasury to revenue account or any bank account of any procuring entity for any procurement falling above the set thresholds unless the cheque, payments or other form of request for payments is accompanied by a “Certificate of No Objection” to an Award of Contract under this Law.

(3) For all cases, where the Council shall set a prior review threshold, the Commission shall prescribe by regulation, guidelines and the conditions precedent to the award of certificate of “No Objection” under this Law

(4) Subject to the prior review thresholds as may be set by the Council, any procurement purported to be awarded without a “Certificate of ‘No Objection’ duly issued by the Commission shall be null and void.

(5) A supplier, contractor or service provider may be a natural person, a legal person or a combination of the two; the supplier, contractors or service providers acting jointly are jointly and severally liable for all obligations and or responsibilities arising from this Law and the non-performance or improper performance of any contract awarded pursuant to this Law.

(6) All bidders, in addition to requirements contained in any solicitation documents shall;

(a) possess the necessary: professional and technical qualifications to carry out particular procurements; financial capability; equipment and other relevant infrastructure;

(b) have adequate personnel to perform the obligations of the procurement contracts;

(c) possess the legal capacity to enter into the procurement contract;

(d) not be in receivership: the subject of any form of insolvency or bankruptcy proceedings or the subject of any form of winding up petition or proceedings;

(e) have fulfilled all its obligations to pay taxes, pensions and social security contribution;

(f) not have any director who has been convicted in any country for any criminal offence relating to fraud or financial impropriety or criminal misrepresentation or falsification of facts relating to any matter;

(g) accompany every bid with an affidavit disclosing whether or not any officer of the relevant committees of the procurement entity or Commission is a former or director, shareholder or has any pecuniary present Interest in the bidder and confirm that all information presented in its bid are true and correct in all particulars;

(h) accompany every bid with its certificate of registration or incorporation with the Corporate Affairs Commission; and

(i) any other requirements stated in the standard bidding document.

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