CHAPTER 42:11
LOCAL AUTHORITIES PROCUREMENT AND ASSET DISPOSAL

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title and commencement

 

   2.   Interpretation

 

 

 

PART II
Scope of the Act

 

   3.   Application

 

   4.   Responsibility for procurement and disposal of assets

 

   5.   External obligations

 

   6.   Procurement for external obligations

 

   7.   Fair treatment

 

 

 

PART III
Appointment of committees

 

   8.   Appointment of Evaluation Committee

 

   9.   Functions and powers of Evaluation Committee

 

   10.   Meetings of Evaluation Committee

 

   11.   Establishment of Adjudication Committee

 

   12.   Functions of Adjudication Committee

 

   13.   Meetings of Adjudication Committee

 

   14.   Removal and suspension of member

 

   15.   Remuneration of member

 

   16.   Secretariat

 

   17.   Functions of Secretariat

 

   18.   Co-option of advisory personnel

 

   19.   Disclosure of interest

 

   20.   Confidentiality

 

   21.   Accountability of committee

 

   22.   Establishment of Performance Monitoring Committee

 

   23.   Functions of Performance Monitoring Committee

 

   24.   Establishment of Appeals Board

 

 

 

PART IV
Establishment of Competent Authority

 

   25.   Designation of Competent Authority

 

   26.   Functions of Competent Authority

 

 

 

PART V
Procurement procedure and processes

 

   27.   Inclusion of relevant clauses in bidding packages

 

   28.   Revision of bidding packages

 

   29.   Consideration of factors outside bidding packages

 

   30.   Use of register of contractors

 

 

 

PART VI
Basic procurement and disposal principles

 

   31.   Joint ventures, consortia or associations

 

   32.   Changes in bidders circumstances

 

   33.   Non-discrimination

 

   34.   Transparency, accountability and fairness

 

   35.   Confidentiality by local authority

 

   36.   Compliance with schemes

 

   37.   Empowerment of citizen contractors

 

   38.   Procurement preferences and reservation schemes

 

   39.   Scale of preference

 

   40.   Preference for supplies

 

   41.   Subcontracting

 

 

 

PART VII
Miscellaneous

 

   42.   Records to be kept

 

   43.   Electronic procurement

 

   44.   Medium of communication

 

   45.   Immunities

 

   46.   Regulations

 

   47.   Transitional period

 

 

Act 17, 2008,
S.I. 102, 2008.

An Act to provide for the appointment of procuring and disposal committees in local authorities, the establishment of a Competent Authority to monitor procurement processes in local authorities and to provide for the procurement of works, supplies and services, for the disposal of public assets by local authorities and related matters.

[Date of Commencement: 1st January, 2009]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Local Authorities Procurement and Asset Disposal Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "Accounting Officer" means the Chief Executive Officer of a local authority;

   "Adjudication Committee" means a committee established under section 11;

   "assets" means property owned by a local authority whether tangible or intangible;

   "bid" means tender and vice versa, inclusive of quotations;

   "bidder" means a person participating as a bidder in a public procurement or asset disposal activity;

   "bidding packages" includes invitation to tender, solicitation documents, statement of requirements or any other documents inviting bidders to participate in procurement or disposal proceedings, and includes documents inviting potential bidders to pre-qualify;

   "citizen contractor" means a contractor who is a natural person or an incorporated company wholly owned and controlled by persons who are citizens of Botswana;

   "committee" means the Evaluation Committee or the Adjudication Committee or both;

   "Competent Authority" means the unit under the Ministry of Local Government designated as the Competent Authority under section 25;

   "contractor" means a person who enters into a contract with a procuring and disposing entity;

   "disposal" means the divestiture of assets, including intellectual and proprietary rights and goodwill, and any other rights of a local authority including sale, rental, lease, franchise, auction, or any combination, however classified;

   "Evaluation Committee" means a committee established under section 8;

   "external beneficiary" means external bidder or foreign company bidding for an undertaking;

   "local authority" means a city council, a town council, a township authority, a district council, a subdistrict council or an administrative authority;

   "member" means a member of a committee, and includes the Chairperson thereof;

   "pre-qualification" means a screening process to ensure that the invitations to bid are confined to capable firms;

   "procurement" means acquisition by purchase, rental, lease, hire purchase, licence, tenancy, franchise, or any other contractual means, of any type of works, services or supplies, or any combination thereof;

   "procuring and disposing entity" means a user department, division, branch or section of a local authority, including any project unit established by and operating under a local authority, which initiates procurement and is the user of the requirements;

   "provider" means a natural person or a company incorporated under the Companies Act;

   "Public Procurement and Asset Disposal Board" means the Board established under section 10 of the Public Procurement and Asset Disposal Act;

   "Secretariat" means the office designated as a Secretariat of a committee under section 16;

   "services" means all services, other than works and supplies, including banking services, insurance coverage, travel services, cleaning services, consultancy services;

   "specifications" means the standard specifications developed under the Standards Act, and includes-

 

   (a)   a generic or functional description of the qualities required of a procurement item;

 

   (b)   the relevant industry standards of approaching and executing the assignment in question; or

 

   (c)   the appropriate good practice tests that are to be used to verify the specified quality and performance of the procured item before delivery, on delivery, during installation and in the course of operation, as applicable, and the use of which shall be mandatory in all bidding documents;

   "statement of requirements" means a document that contains a full and complete description of the requirement that is the subject of the procurement or disposal;

   "supplies" includes goods, raw materials, products, equipment or objects of any kind and description in solid, liquid or gaseous form, or in the form of electricity, or intellectual and proprietary rights, as well as works or services incidental to the provision of such supplies; and

   "works" means-

 

   (a)   any work associated with the construction, reconstruction, demolition, repair, or renovation of a building or structure, on the surface or underground, on and under water;

 

   (b)   the preparation, excavation, erection, assembly, installation, testing and commissioning of any plant, equipment or materials, decoration and finishing;

 

   (c)   turnkey projects, build own and operate projects, build operate and transfer projects or any arrangement of this nature;

 

   (d)   any other form of private-public partnerships or joint development activities, all or any of which may include management, maintenance, testing, commissioning or training; or

 

   (e)   services or supplies incidental to the foregoing works, where the value of such incidental services or supplies does not exceed the value of such works.

PART II
Scope of the Act (ss 3-7)

 

3.   Application

   The provisions of this Act shall apply to-

 

   (a)   local authorities;

 

   (b)   the procurement or disposal of all assets;

 

   (c)   the procurement of all works, services or supplies, (or any combination thereof, however classified); and

 

   (d)   the disposal of -

 

      (i)   physical properties and land;

 

      (ii)   items acquired through works, services or supplies contracts;

 

      (iii)   intellectual and proprietary rights;

 

      (iv)   financial instruments, including shares, stocks, bonds, etc.; and

 

      (v)   goodwill and any other rights of the local authority.

 

4.   Responsibility for procurement and disposal of assets

   A local authority shall be responsible for the management of all procurement and disposal activities within its jurisdiction in accordance with the provisions of this Act.

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