Public Procurement and Disposal of Public Assets (Amendment) Act

Act 15
ACTS Public Procurement and Disposal of Public 2021

SUPPLEMENT No. 4 Assets (Amendment) Act 1st July, 2021
ACTS SUPPLEMENT
to The Uganda Gazette No.54, Volume CXIV, dated 1st July, 2021
Printed by UPPC, Entebbe, by Order of the Government.
Act 15 Public Procurement and Disposal of Public 2021

Assets (Amendment) Act
THE PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSETS
(AMENDMENT) ACT, 2021
ARRANGEMENT OF SECTIONS
Section
Part I—Preliminary
1. Commencement
Part II—Amendments of Part I of

Principal Act
2. Amendment of section 2 of the Public Procurement and Disposal of
Public Assets Act
3. Amendment of section 3 of principal Act
4. Insertion of new section 4B in principal Act
Part III—Amendments of Part II of

Principal Act

10. Repeal of section 15A of principal Act
1
Section
13. Replacement of section 22 of principal Act
14. Repeal of section 23 of principal Act
Part IV—Amendments of Part III of

Principal Act

Part V – Amendments of Part V of Principal Act

22. Amendment of section 59B of principal Act
23. Insertion of new section 61A in principal Act
Part VI—Amendment of Part VI of Principal Act

30. Repeal of sections 88 and 88A of principal Act
31. Insertion of new section 88AA in principal Act
2
Section
Part VII—Amendment of Part VII of

Principal Act
32. Repeal of section 88L of principal Act

34. Repeal of section 90 and 91 of principal Act
Part VIII—Amendment of Part VIIA of

Principal Act

36. Amendment of section 91C of principal Act
37. Amendment of section 91G of principal Act
38. Replacement of section 91I of principal Act
39. Repeal of section 91J of principal Act
41. Amendment of section 91M of the principal Act
42. Repeal of section 91N of principal Act
43. Amendment of section 91T of principal Act
Part IX—Amendment of Part VIII of

Principal Act

3
Section

Part X—Miscellaneous Amendments to Principal Act
49. Repeal of Fourth Schedule of principal Act

50. Miscellaneous amendments to principal Act
51. Transitional and saving provisions
52. Amendment of the Kampala Capital City Act and the Local
Governments Act
4
THE PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC

ASSETS (AMENDMENT) ACT, 2021
An Act to amend the Public Procurement and Disposal of Public

Assets Act; to provide for the functions of the Authority and of
the Board of Directors of the Authority; to provide for electronic
records and communication; to provide for the aggregation of
procurement requirements; to provide for marginalised groups
under reservation schemes; to remove the Authority from the
administrative review process; to provide for the appointment of a
registrar of a Tribunal; to provide for the powers of the High Court
in procurement proceedings; to amend the Kampala Capital City
Act and the Local Governments Act with respect to procurement
and for related purposes.
Date of Assent: 2nd June, 2021
Date of publication: 1st July, 2021
BE IT ENACTED by Parliament as follows:
Part I—Preliminary
1. Commencement
This Act shall commence on publication in the Gazette.
5
Part II—Amendments of Part I of Principal Act
2. Amendment of section 2 of the Public Procurement and

Disposal of Public Assets Act
Section 2 of the Public Procurement and Disposal of Public Assets Act
in this Act referred to as the principal Act is amended—
(a) in subsection (1) (b) by inserting immediately after the

word “co-financing” the phrase “ or pre contract financing
by providers”; and
(b) by repealing subsection (2).

Section 3 of the principal Act is amended—
(a) by substituting for the definition of the word “award” the

following—
““award decision” means a decision made by a Contracts

Committee in accordance with section 28 (1) (a);”;
(b) in the definition of “consultancy service”, by substituting

the phrase “practitioner who is” with “consultant or
consulting firm,”;
(c) by substituting for the definition of the term “consultant”

the following—
““consultant” means an individual who provides

consultancy services to a procuring and disposing entity;”;
(d) by inserting immediately after the definition of “consultant”

the following—
6
““consulting firm” means a company, corporation,
organisation or partnership that provides consultancy
services to a procuring and disposing entity;”;
(e) by substituting for the definition of the words “Contracts

Committee” the following—
““Contracts Committee” means the Contracts Committee

of a procuring and disposing entity;” and
(f) in the definition of “procuring and disposing entity” by—
(i) repealing the phrase “or department” appearing in

paragraph (a);
(ii) substituting for paragraph (c) the following—
“(c) a body established by an Act of Parliament,

which receives public finances from the
Consolidated Fund and related special finances
expended through the capital or recurrent
budgets, whatever form these may take”.

The principal Act is amended by inserting immediately after section
4A the following –
“4B. The role of the Ministry

(1) The Ministry shall advise Government on all public
procurement and disposal policies, principles and practices.
(2) The Minister may in writing give directions to the

Authority, on policy related matters and the Authority shall give
effect to those directions.”
7
Part III—Amendments of Part II of Principal Act

Section 7 of the principal Act is amended in subsection (1) by
substituting for paragraph (a) the following—
“(a) advise procuring and disposing entities on the application

of this Act and regulations and guidelines made under the
Act;”

Section 8 of the principal Act is amended by—
(a) substituting subsection (1) (a) (b) and (c) with the
following—
“(1) In the exercise of its regulatory function under

section 7 (j), the Authority shall have power to—
(a) require any information, documents, records

and reports in the respect of a procurement or
disposal process;
(b) call for the production of books of accounts,
plans or documents;
(c) institute procurement and disposal contract
and performance audits; and
(b) by substituting for subsection (1) (e) the following—
“(e) investigate and act on complaints received

on a procurement or disposal process from
members of the public, that are not subject
to administrative review or review by the
Tribunal;”
8
Section 9 of the principal Act is amended in subsection (1) by repealing
the words “or serious”.

(a) in subsection (1), by substituting for the phrase “execute

the functions and powers of the Authority specified in
sections 7 and 8 of this Act”, the phrase “be the governing
body of the Authority and which shall be responsible for
the general direction and supervision of the Authority”;
and
(b) in subsection (2), by substituting for the word

“Notwithstanding” the words, “In addition to”.

Section 15 of the principal Act is amended in subsection (1) by—
(a) repealing paragraph (a); and
(b) repealing the phrase “and the Complaints Review

Committee” appearing in paragraph (b).
10. Repeal of section 15A of principal Act

Section 15A of the principal Act is repealed.

(a) in subsection (1) by substituting the word “three” with the

word “five”; and
(b) by repealing subsection (3).

9
Section 21 of the principal Act is amended by inserting immediately
after subsection (1), the following new subsection—
“(1a) The Authority shall cause to be prepared and submitted

to the Auditor General and the Accountant General, for
each financial year, within two months after the end of the
financial year, the statement of accounts of the Authority.”

For section 22 of the principal Act, there is substituted the following—
“22. Annual report

(1) The Authority shall, as soon as is practicable and not
later than nine months after the end of each financial year, submit
to the Minister, an annual report of—
(a) the activities and operations of the Authority

conducted during the financial year to which the
report relates including the audited accounts of the
Authority; and
(b) the performance of procuring and disposing entities

in the procurement and disposal processes during
the financial year to which the report relates.
(2) The Minister shall, within two months of receipt of the

annual report, submit the report to Parliament, with a statement
the Minister may consider necessary.”
14. Repeal of section 23 of principal Act

Section 23 of the principal Act is repealed.
10
Part IV—Amendments of Part III of Principal Act

(a) in subsection (1), by inserting immediately after paragraph

(f) the following—
“(fa) certifying that the price of the works, services or

supplies to be procured conform to the prices in the
guidelines issued by the Authority;
(fb) the following activities, for the purposes of disposal

of the public assets of a procuring and disposing
entity—
(i) assessing and verifying the public assets

identified by a user department or by the Board
of Surveys, for disposal;
(ii) causing the assets verified under subparagraph

(i) to be valued in accordance with regulations
made under this Act; and
(iii) approving the reserve price of the public assets

to be disposed of;”;
(b) by repealing subsection (4);
(c) by substituting for subsection (5) the following—
“(5) An Accounting Officer shall not sign a contract

for a procurement where the price quoted by the best
evaluated bidder is higher than the price in the guidelines
issued by the Authority.”
11
(a) in subsection (1) (a) by substituting for the words “award

of contracts” the words “making award decisions”; and
(b) by repealing subsection (1) (ca).

(a) by numbering the existing provision as (1);
(b) by substituting for the words “award contracts” in

paragraph (c), the words “make award decisions”; and
(c) by inserting immediately after subsection (1) the

following—
“(2) A decision under this section shall be made

within ten working days upon receipt of a submission
from the procuring and disposal unit.”

Section 41 of the principal Act is amended by inserting immediately
after subsection (2) the following—
“(3) The records of a procuring and disposing entity may

be maintained in a manual form or an electronic form.
(4) Where the records are maintained in an electronic

form, the procuring and disposing entity shall provide or enable
access, reading and printing of the records, as may be necessary.”
12
Part V—Amendments to Part V of Principal Act

(a) substituting for the headnote, the words “Standard forms”;
and
(b) inserting immediately after subsection (4), the following –
“(5) The standard forms and documents may be in a

manual form or an electronic form.
(6) Where the standard forms and documents are

in an electronic form, the procuring and disposing entity
shall provide or enable access, reading and printing of the
standard forms and documents, as may be necessary.”

(a) in subsection (1), by inserting immediately after the words

“shall be in writing”, the words “and may be transmitted
electronically”; and
(b) by inserting immediately after subsection (3), the

following—
“(4) The requirement in subsection (1) that

communication may be transmitted electronically includes
a requirement to provide or enable access, reading and
printing of the communication.”

13
(a) inserting immediately after subsection (2), the following—
“(2a) For the purposes of aggregation of procurement

requirements as provided for under subsection (2),
the Secretary to the Treasury shall for each financial
year, using the procurement plans submitted by
the procuring and disposing entities, determine the
procuring and disposing entities with procurement
requirements that qualify to be aggregated.
(2b) The Secretary to the Treasury shall communicate

to the concerned procuring and disposing entities
giving instructions on how the requirements that are
aggregated are to be reflected in the procurement
plan of the procuring and disposing entity.
(2c) The procurement of aggregated requirements shall

be in accordance with guidelines issued for that
purpose.
(2d) A procuring and disposing entity that is to undertake

a procurement over a period of more than one
financial year shall prepare a multi-year procurement
plan for that procurement, using guidelines issued
for that purpose.” and
(b) repealing subsection (3).

Section 59B of the principal Act is amended in subsection (2) by—
(a) inserting at the end of paragraph (b), “including registered

small and medium enterprises and business ventures”;
and
14
(b) inserting immediately after paragraph (c), the following—
“(d) promote the participation of registered associations

of women, youth and persons with disabilities,
respectively.”

61 the following—
“61A. Sustainable procurement

A procuring and disposing entity shall for each procurement
take into account environmental protection, social inclusion and
stimulating innovation, as may be prescribed.”

71 the following—
“71A. Time period for completion of procurement process

A procurement process and each stage of the procurement
process shall be completed within the period prescribed in the
regulations made under this Act.”

Section 74 of the principal Act is amended by substituting for
subsection (1) the following—
“74. Negotiations
(1) Negotiations may be carried out between a procuring
and disposing entity and the bidder with the best evaluated bid
as may be prescribed by regulations made under this Act.”

15
“75. Cancellation of procurement and disposal processes
and rejection of bids
(1) A procuring and disposing entity may, on the
approval of the Contracts Committee, cancel a procurement
process or a disposal process at any time, before a contract is
awarded to the best evaluated bidder, as may be prescribed.
(2) A procurement process may be cancelled where—

(a) the money available for the procurement is not
adequate;
(b) there is a significant change in the technical details
or circumstances of the procurement requirement; or
(c) the circumstances that gave rise to the request for
procurement change significantly.
(3) A procuring and disposing entity may reject a bid

during the evaluation stage, as may be prescribed.”
Part VI—Amendment of Part VI of Principal Act

Section 79 of the principal Act is amended in subsection (1) by—
(a) inserting in paragraph (a) immediately after the word

“works” the word “consulting services” and substituting
for the words “the Fourth Schedule to this Act”, the words
“regulations made under this Act”; and
(b) repealing paragraph (b).

86 the following—
16
“86A. Electronic reverse auction method
Electronic reverse auction is a procurement method where
bidders competitively make offers for a procurement using
electronic means, within a specified time period and the bidder
with the lowest price is evaluated within the time period, as the
best evaluated bidder.”

inserting immediately after paragraph (g) the following—
“(ga) electronic auctioning;”.
30. Repeal of sections 88 and 88A of principal Act

Sections 88 and 88A of the principal Act are repealed.
31. Insertion of new section 88AA in principal Act

The principal Act is amended in Part VI by inserting at the end of the
Part the following—
“Methods of procurement of complex, specialised and strategic
goods, works and services
88AA Procurement of complex, specialised and strategic
goods, works or services
(1) A procuring and disposing entity shall in respect of
the procurement of complex, specialised or strategic goods,
works or services use the competitive dialogue method or the
competitive negotiation method.
(2) The competitive dialogue method or competitive
negotiation method shall be used where a procuring and
disposing entity is not able, to define the technical specifications
and methods appropriate for a procurement or the legal and
financial implications of the procurement, at the beginning of a
procurement.
17
(3) The use of the competitive dialogue method or the
competitive negotiation method shall be approved by the
Attorney General and the Minister, prior to the commencement
of the procurement process.
(4) “Complex, specialised and strategic goods, works or
services” means goods, works or services that are innovative
and high risk and to which the other methods of procurement
specified in this Part cannot be applied.”
Part VII—Amendment of Part VIA of Principal Act

Section 88L of the principal Act is repealed.
Part VIII—Amendment of Part VII of Principal Act

“89. Administrative review by Accounting Officer

(1) A bidder who is aggrieved by a decision of a procuring
and disposing entity may make a complaint to the Accounting
Officer of the procuring and disposing entity.
(2) A bidder may also seek administrative review for

any omission or breach by a procuring and disposing entity, of
this Act, regulations or guidelines made under this Act or any
provision of the bidding documents.
(3) A complaint against a procuring and disposing entity

shall—
(a) be in writing and shall be submitted to the Accounting
Officer, of the procuring and disposing entity on
payment of the fees prescribed;
18
(b) be made within ten working days after the date the
bidder first becomes aware or ought to have become
aware of the circumstances that give rise to the
complaint.
(4) The procuring and disposing entity against which a

complaint is made shall on request provide the bidder with a
report indicating the reasons for the rejection of the bidder and
the stage at which the bidder was rejected and the report shall be
used only for the administrative review process.
(5) On receiving the complaint, the Accounting Officer

shall immediately suspend the procurement or disposal process,
as the case may be.
(6) The Accounting Officer shall request the bidders to

extend the period of the bid validity and bid security for the
duration of the suspension.
(7) The Accounting Officer shall, within ten days of

receipt of a complaint, make and communicate a decision, in
writing, addressed to the bidder who makes the complaint and
which shall indicate the reasons for the decision taken and the
corrective measure to be taken, if any.
(8) Where an Accounting Officer does not make a decision
or communicate a decision within the period specified in
subsection (7), or where a bidder is not satisfied with the
decision made by the Accounting Officer under this section, the
bidder may make an application to the Tribunal, in accordance
with Part VIIA of this Act.
(9) Where a bidder believes that the Accounting Officer
has a conflict of interest in respect of the complaint, omission or
breach that would be made under this section or that the matter
cannot be handled impartially by the procuring and disposing
19
entity, the bidder shall make an application to the Tribunal for
determination of the complaint, omission or breach.
(10) Where a bidder intends to make an application to

the Tribunal under subsection (8) or (9), the bidder shall give
the Accounting Officer notice within five working days after the
expiry of the period specified in subsection (3) (b) or subsection
(7), as the case may be.
(11) For the avoidance of doubt—
(a) a procurement or disposal process that is suspended

under subsection (5) shall remain suspended until
the Tribunal makes a decision, where a bidder makes
an application to the Tribunal; and
(b) an Accounting Officer shall not enter into a contract

with a provider—
(i) during the administrative review period;
(ii) before the expiry of time period required for
giving notice under subsection (10); or
(iii) where the matter is referred to the Tribunal,
before the Tribunal makes a decision.”
34. Repeal of sections 90 and 91 of principal Act

Sections 90 and 91 of the principal Act are repealed.
Part VIII—Amendment of Part VIIA of Principal Act

Section 91B of the principal Act is amended —
20
(a) in subsection (1) by substituting for the word “four” the
word “six”;
(b) in subsection (3) by inserting the words “or any other

profession” immediately after the word “law”; and
(c) by inserting immediately after subsection (3) the

following—
“(3a) two of the members of the Tribunal shall be

women”.
36. Amendment of section 91C of principal Act

Section 91C of the principal Act is amended in subsection (1) by
substituting for the word “three”, the word “four”.
37. Amendment of section 91G of principal Act

Section 91G of the principal Act is amended by inserting immediately
“(3) The registrar shall be appointed by the Tribunal in

consultation with the Judicial Service Commission and the
Tribunal may appoint other officers and employees as may be
necessary for the effective discharge of the functions of the
Tribunal.”
38. Replacement of section 91I of principal Act

For section 91I of the principal Act, there is substituted the following—
“91I. Administrative review by Tribunal.

(1) The following may apply to the Tribunal for review
of a decision of a procuring and disposing entity—
(a) a bidder who is aggrieved, as specified in section 89
(7) or (8);
21
(b) a person whose rights are adversely affected by a
decision made by the Accounting Officer; and
(c) a bidder who believes that the Accounting Officer

has a conflict of interest as specified in section 89
(9).
(2) The application shall be made—
(a) for section 89 (7), within ten working days from

the date of receipt of the decision of the Accounting
Officer;
(b) for section 89 (8), within ten days from the date of
expiry of the period specified in the section; and
(c) for section 89 (9), within ten days from the date
when the omission or breach by the procuring and
disposing entity is alleged to have taken place.
(3) For the avoidance of doubt, the following matters

shall not be subject to review by the Tribunal—
(a) a decision by a procuring and disposing entity to

reject or cancel any or all bids prior to award of a
contract under Section 75;
(b) a decision of a procuring and disposing entity to

discontinue a procurement or disposal process, after
receiving submissions from bidders following an
expression of interest or a pre-qualification; and
(c) decision by a procuring and disposing entity to

limit the participation of bidders under a preference
scheme or a reservation scheme.
22
(4) The Tribunal shall issue a decision within a period
of not more than fifteen working days upon receipt of an
application for review.”
39. Repeal of section 91J of principal Act

Section 91J of the principal Act is repealed.

Section 91L of the principal Act is amended by—
(a) repealing paragraph (c) of subsection (1);
(b) substituting for subsection (2) the following—
“(4) For the avoidance of doubt, a procurement or

disposal process shall remain suspended where a bidder
appeals to the Tribunal against a decision of a procuring
and disposing entity.”
41. Amendment of section 91M of principal Act

Section 91M of the principal Act is amended by inserting immediately
“(3) An appeal to the High Court may be made on

questions of law only, and the notice of appeal shall state the
question of law that forms the appeal.
(4) A procurement or disposal process that is suspended

under section 91L (4) shall be resumed and shall continue during
an appeal to the High Court.
(5) The High Court shall hear and determine the appeal
and shall make such decisions or orders as it deems appropriate
by reason of its decision, including an order affirming or setting
23
aside the decision of the Tribunal and may hold the Accounting
Officer or any other person, as may be determined, personally
liable and award damages to the aggrieved bidder.
(6) A decision or order of the High Court made under

this section shall be final and conclusive and shall not be subject
to appeal to any other court.”
42. Repeal of section 91N of principal Act

Section 91N of the principal Act is repealed.
43. Amendment of section 91T of principal Act

Section 91T of the principal Act is amended by numbering the existing
provision as (1) and inserting a new subsection (2), as follows—
“(2) The regulations shall create offences and penalties

for—
(a) failure to comply with summons;
(b) failure to answer questions;
(c) giving false or misleading evidence;
(d) contempt of the Tribunal; and
(e) any other action for which an offence and penalty
may be created.”
Part IX—Amendment of Part VIII of Principal Act

inserting immediately after paragraph (d) the following—
“(e) obstructs or hinders a person carrying out a duty or function

or exercising a power under this Act;
24
(f) delays, contrary to the requirements of the Act, the
opening of bids, the evaluation of bids or making an award
decision;
(g) cancels the procurement process after the award decision
by the contracts committee contrary to the requirements of
the Act;
(h) cause loss of public funds or public assets as a result of
negligence, in the implementation of this Act; or
(i) fails to comply with the decision of the Tribunal.”
95A the following new section—
“95B. Communication using electronic means

Any information or document that is to be issued by the Authority
or a procuring and disposing entity and any information or
document that may be submitted by a bidder, in a procurement
or disposal process, may be communicated or submitted, as the
case may be, using electronic means, as may be prescribed.”

(a) in subsections (1) and (2) by repealing the words “and
approval of Parliament;” and
(b) by inserting immediately after sub section (3) the

following—
“(4) Regulations made under this section shall be

laid before Parliament.”
25
96 the following new section—
“96A. Regulations for Kampala Capital City Authority

and local governments
The Minister may, in consultation with the Minister responsible
for the Kampala Capital City Authority and the Minister
responsible for local governments, make regulations under
this Act, for the Kampala Capital City Authority and the local
governments, respectively.”

97 the following—
“97A. Amendment of Schedules

The Minister may with the approval of Cabinet by statutory
instrument, amend the Schedules to this Act.”
Part X—Miscellaneous Amendments to Principal Act
49. Repeal of Fourth Schedule of principal Act

The Fourth Schedule and wherever the phrase “Fourth Schedule”
appears in the principal Act are repealed.
50. Miscellaneous amendments to principal Act

The principal Act is amended by—
(a) substituting for “First Schedule” wherever the words

appear in the principal Act, with “Schedule 1”;
(b) substituting for “Schedule 1A” wherever the words appear

in the principal Act, with “Schedule 2” and inserting
26
immediately after paragraph 6 of the Schedule, the
following—
“7. The Institute of Procurement Professionals of

Uganda.”;
(c) substituting for “Second Schedule” wherever the words
(d) substituting for “Third Schedule” wherever the words
(e) substituting for “Fifth Schedule” wherever the words
(f) substituting for Public Finance and Accountability Act,
2003” wherever the words appear in the Act with “Public
Finance Management Act, 2015”; and
(g) substituting for the word “Authority” appearing in the
title of Part VIIA, section 91I(6) and section 91L, the term
“Accounting Officer”.
51. Transitional and saving provisions

(1) An administrative review process that is on going before
the Authority, at the commencement of this Act, shall where the
complainant so requests, be referred to the Tribunal by the Authority.
(2) The contract of the registrar of the Tribunal who is in office
at the commencement of this Act shall not be affected by section 38 of
this Act.
(3) The contact of the Executive Director appointed under
section 17 of the principal Act and in office at the commencement of
this Act shall be for five years from the date of commencement of the
contract and the contact may be renewed for the period specified in
section 11 of this Act.
27
52. Amendment of the Kampala Capital City Act and the Local
Governments Act
(1) The Kampala Capital City Act is amended by—
(a) repealing sections 64, 68 and 82 (2) (b) and (h) of the Act;
and
(b) repealing the words, “by regulations made under section

82” appearing in section 66 (1) and (2) and section 67 (4)
of the Act.
(2) The Local Governments Act is amended by—
(a) repealing sections 94, 94E (5) and 94F of the Act; and
(b) repealing the words, “by regulations made under section

175” appearing in sections 94D (1), 94E (4) of the Act.
28

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Act 15

ACTS Public Procurement and Disposal of Public 2021

Act 15 Public Procurement and Disposal of Public 2021

Part II—Amendments of Part I of

Part III—Amendments of Part II of

5. Amendment of section 7 of principal Act

Part IV—Amendments of Part III of

15. Amendment of section 26 of principal Act

Part V – Amendments of Part V of Principal Act

19. Amendment of section 56 of principal Act

Part VI—Amendment of Part VI of Principal Act

27. Amendment of section 79 of principal Act

Part VII—Amendment of Part VII of

32. Repeal of section 88L of principal Act

Part VIII—Amendment of Part VIIA of

35. Amendment of section 91B of principal Act

Part IX—Amendment of Part VIII of

44. Amendment of section 95 of principal Act

47. Insertion of new section 96A in principal Act

Part X—Miscellaneous Amendments to Principal Act

49. Repeal of Fourth Schedule of principal Act

THE PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC

An Act to amend the Public Procurement and Disposal of Public

Date of Assent: 2nd June, 2021

Date of publication: 1st July, 2021

BE IT ENACTED by Parliament as follows:

2. Amendment of section 2 of the Public Procurement and

(a) in subsection (1) (b) by inserting immediately after the

(b) by repealing subsection (2).

3. Amendment of section 3 of principal Act

(a) by substituting for the definition of the word “award” the

““award decision” means a decision made by a Contracts

(b) in the definition of “consultancy service”, by substituting

(c) by substituting for the definition of the term “consultant”

““consultant” means an individual who provides

(d) by inserting immediately after the definition of “consultant”

(e) by substituting for the definition of the words “Contracts

““Contracts Committee” means the Contracts Committee

(f) in the definition of “procuring and disposing entity” by—

(i) repealing the phrase “or department” appearing in

(ii) substituting for paragraph (c) the following—

“(c) a body established by an Act of Parliament,

4. Insertion of new section 4B in principal Act

“4B. The role of the Ministry

(2) The Minister may in writing give directions to the

5. Amendment of section 7 of principal Act

“(a) advise procuring and disposing entities on the application

6. Amendment of section 8 of principal Act

“(1) In the exercise of its regulatory function under

(a) require any information, documents, records

(b) by substituting for subsection (1) (e) the following—

“(e) investigate and act on complaints received

8. Amendment of section 10 of principal Act

(a) in subsection (1), by substituting for the phrase “execute

(b) in subsection (2), by substituting for the word

9. Amendment of section 15 of principal Act

(a) repealing paragraph (a); and

(b) repealing the phrase “and the Complaints Review