Public Procurement [No. 8 of 2020 121

1 Public Procurement [No. 8 of 2020 121 THE Public Procurement ACT, 2020 ARRANGEMENTOFSECTIONSPART title and required for international Procurement agreementsPART of Zambia Public Procurement Authority6. Functions of of of and other and other conditions of service of Director-General,Secretary and other staffPART IIIGENERALPRINCIPLESOFPUBLICPROCUREMENT1 2. Procurement pricing13. Non-discrimination from participation14. Standard Procurement documents15. Restriction on office holders16. Use of information and communication technologies17. Form of communication and advertisements18. Inappropriate influence on evaluations and other matters19. Corrupt, coercive, obstructive, collusive or fraudulent practice and conflictof interest20.]

2 Confidentiality21. Procurement records22. Procurement approvals23. Stakeholder feedbackSingle copies of this Act may be obtained from the Government Printer, Box 30136, 10101 Lusaka, Price No. 8 of 2020] Public ProcurementPART IVPROCURINGENTITIES24. Composition of procuring entities25. Functions of procuring entities26. Duties and responsibilities of controlling officer or chief executive officer27. Establishment and composition of Procurement Committee28. Functions of Procurement Committee29. Tenure of office of Procurement Committee30. Proceedings of Procurement Committee31. Subcommittees and subdivisions of Procurement Committee32. Establishment of Procurement unit and functions33. Functions of user departments34.

3 Procurement authorisation and levels of authority35. Procurement of common use items36. Use of Procurement agent or service providerPART VMETHODSOFPROCUREMENT37. Methods of procurement38. Open bidding39. National and international bidding40. Open selection41. National and international selection42. Limited bidding43. Limited selection44. Simplified bidding45. Simplified selection46. Direct bidding47. Direct selection48. Electronic reverse auction49. Procedure for electronic reverse auction50. Force account51. Purchases from other procuring entities52. Procurement of infrastructure for private financing andaward of concessions53. Community participation in procurementPublic Procurement [No. 8 of 2020 123 PART VIPROCUREMENTPROCESS54.]

4 Choice of Procurement procedure55. Pre-qualification56. Commencement of Procurement proceedings57. Procurement planning58. Determination of Procurement method59. Statement of Procurement requirements60. Solicitation documents61. Selection of bidders62. Invitation to bid63. Bid security or bid securing declaration64. Receipt of bids65. Opening of bids66. Evaluation67. Post-qualification68. Negotiations69. Termination or cancellation of Procurement proceedings70. Decision to award contract71. Notification of best evaluated bidder72. Award of contract73. Standard contract74. Prohibition from assigning contract75. Notification of unsuccessful bidder76. Contract management77. Amendment or variation of contract78.

5 Defects liability certificate and payment79. Deviations80. Accreditation of alternative Procurement system124 No. 8 of 2020] Public ProcurementPART VIIINVENTORYCONTROL, ASSETANDSTORESMANAGEMENTANDDISTRIBUTION8 1. Stores management system82. Management of purchased goodsPART VIIICOMPLIANCEMONITORINGANDENFORCEMENT83 . Supply of information by Public entity84. Investigations and inspections85. Appointment of inspectors86. Powers of inspectors87. Report of investigation or inspection88. Powers of Authority in investigation or inspectionPART IXBIDDERSANDSUPPLIERS89. Eligibility of bidders90. Qualification of bidders91. Preference and reservation for schemes92. Participation of Public body or company in procurement93.

6 Subcontracting policy94. Supplier database or list95. Suspension of bidder or supplier96. Grounds for suspension of bidder or supplier97. Permanent bar of bidder or supplier98. Rejection of bid, proposal, offer or quotation99. Appeal against suspensionPublic Procurement [No. 8 of 2020 125 PART XAPPEALS100. Appeal of decision by procuring entity101. Dispute to be determined by arbitrationPART XIGENERALPROVISIONS102. Framework agreements103. Code of conduct104. Conduct of bidder and supplier105. Offences106. Limitation of liability of controlling officer or chief executive officer107. General penalty108. Offence by principal officers of body corporate and unincorporatebody109. Compensation110. Transfer of functions of procuring entity to other body111.]

7 Circulars and publications112. Regulations113. Repeal of Act No. 12 of 2008 SCHEDULESAn Act to revise the law relating to Procurement so as toenhance transparency, efficiency, effectiveness, economy,value for money, competition and accountability in publicprocurement; regulate and control practices relating topublic Procurement in order to promote the integrity of,fairness and Public confidence in, the procurementprocess; promote the participation of citizens in publicprocurement; continue the existence of the Zambia PublicProcurement Authority; repeal and replace the PublicProcurement Act, 2008; and provide for matters connectedwith, or incidental to, the foregoing.[23rd November, 2020 ENACTED by the Parliament of Act may be cited as the Public Procurement Act, 2020,and shall come into operation on the date appointed by the Ministerby statutory this Act, unless the context otherwise requires approvals authority means the body or individual withauthority to grant prior authorisation of the stages in theprocurement process specified in accordance with section34;Short titleandcommencementEnactmentInterpretat ionPublic Procurement [No.]]

8 8 of 2020 127 GOVERNMENT OF ZAMBIAACTNo. 8 of 2020 Date of Assent: 23rd November, 2020 asset includes movable and immovable property, tangibleand intangible, including stores, equipment, land, buildings,animals, inventory, stock, intellectual property rightsvested in the State and proprietary rights; associate has the meaning assigned to the word in theAnti-Corruption Act, 2012; Authority means the Zambia Public ProcurementAuthority continued under section 5; best evaluated bidder means the bidder ranked as first,following the application of the specified evaluationmethodology and criteria; bid means an offer to provide goods, works or servicesin response to an invitation from a procuring entity andincludes a tender, proposal, quotation and, whereapplicable, an application to pre-qualify; bid document means a document and requiredattachments or accompaniments that are submitted inresponse to an invitation to bid; bidder means a person or group of persons that offers toprovide goods, works or services in response to aninvitation from a procuring entity and includes, whereapplicable, a subbidder, potential bidder and applicant topre-qualify; bidder status means the status of being a citizen bidder,local bidder or foreign bidder; Board means the Board ofthe Authority constituted undersection 7.

9 Chairperson means the person appointed as Chairpersonof the Board under section 7; chief executive officer means a chief executive officerof a parastatal, statutory body or a local authority; citizen has the meaning assigned to the word in theConstitution; citizen bidder or citizen supplier means, in the case of (a)an individual, a bidder or supplier who is a citizen;(b)a firm or company, whether corporate orunincorporate, a firm or company wholly ownedby a citizen; and(c)a body of persons wholly comprising of citizens;Cap. 1128 No. 8 of 2020] Public ProcurementAct No. 3 of2012 classified audit means an audit of a Procurement thatinvolves or relates to the security, defence or internationalrelations of the Republic; coercive practice means a practice that causes harm orthreatens to cause harm, directly or indirectly, on a personor a person s property, in order to influence that person sparticipation in a Procurement process, affect the executionof a contract or influence the sale of Public assets to aparticular person or in a particular way; company has the meaning assigned to the word in theCompanies Act, 2017; consulting services includes services of an intellectual oradvisory nature offered by a professional, the delivery ofreports, drawings or designs.

10 Contract means an agreement between a procuring entityand a supplier for the provision of goods, works or services; controlling officer has the meaning assigned to the wordsin the Public Finance Management Act, 2018; corrupt has the meaning assigned to the word in the Anti-Corruption Act, 2012 and cognate expressions shall beconstrued accordingly, 2012; direct bidding means a Procurement method where a bid isobtained directly from a single bidder, without competition; direct selection means a Procurement method where aproposal is obtained from a single consultant withoutcompetition; Director-General means the person appointed as Director-General under section 9; document includes an electronic copy of that document orrecord; due diligence means the assessment of a bidder or supplier stechnical, financial, commercial, historical background andmanagement capabilities and the bidder s or supplier sgovernance record to effectively execute a contract; electronic reverse auction means an online real timepurchasing technique utilised by aprocuring entity to selectthe successful submission, which involves the presentationby tenderers, suppliers or contractors of successivelylowered bids during a scheduled period of time and theautomatic evaluation of bids;Act No.