Division I-Preliminary.

37. (1) The accounting officer, the contracts committee, the procurement and disposal unit and the user department of a procuring and disposing entity shall each act independently in relation to their respective functions and powers.

(2) None of the parties referred to in sub-regulation (1) shall seek to influence the decisions or activities of the others, except as permitted under the Act or these Regulations.

(3) Every party referred to in sub-regulation (1) shall ensure that its duty is properly and professionally performed in accordance with the legal requirements and in order to guarantee independence of action with the objective of eliminating corrupt or fraudulent practices.

38. (1) A procuring and disposing entity shall ensure that a procurement and disposal notice is published or displayed as prescribed in Parts IV, V and VII of these Regulations-

(a) using the prescribed format;

(b) in all appropriate media;

(c) at the prescribed time; and

(d) for the prescribed period of time.

(2) The procedure and cost arrangements agreed with a local or international newspaper or publication by the Authority shall be as issued in guidelines.

39. (1) A procuring and disposing entity shall position a notice board at a location within its premises, which is freely accessible to members of the public.

(2) The notice board shall display the following for public information-
(a) a pre-qualification notice;

(b) a bid notice;

(c) notices of a shortlist;

(d) a bid opening record;

(e) a notice of best evaluated bidder;

(f) a notice of award of contract, for both procurement and disposal;

(g) a monthly report of all micro procurement transactions;

(h) a notification of public auctions; and

(i) a public invitation notice under disposal by public bidding.

(3) Where a procuring and disposing entity has a website, it may post the notice on its website in addition to displaying it on the notice board.

(4) The use of a notice board or website shall not relieve a procuring and disposing entity of its responsibility to publish a relevant notice publicly in the media or on the Authority's website where provided for in the Act or these Regulations.

40. A procuring and disposing entity shall submit a report required by the Authority under the Act and these Regulations in accordance with the Fifth Schedule of these Regulations.

Division II-Accounting Officer.

41. An accounting officer shall have the overall responsibility for the successful execution of the procurement, disposal and contract management processes in the procuring and disposing entity and shall-

(a) certify the availability of funds prior to the commencement of any procurement activities;

(b) implement the recommendations of the Authority;
(c) submit all reports as required under the Act, these Regulations and as may be required by the Authority; and

(d) submit applications to the Authority, for any deviations from procedures in the Act.

42. (1) Where an accounting officer disagrees with a contracts committee on any decision pertaining to the application or interpretation of any procurement or disposal method, process or practice under these Regulations, the accounting officer may-

(a) return the decision to the contracts committee for review; or

(b) request for an independent review by the Authority.

(2) The accounting officer shall state the reasons for the disagreement in writing.

(3) The contracts committee may request for an independent review by the Authority in relation to any disagreement with the accounting officer.

43. (1) Where a procuring and disposing entity has a board of directors or a governing body by whatever name called, the accounting officer shall work in consultation with the board of directors or the governing body in the execution of his or her functions and powers under these Regulations.

(2) A member of the board of directors and governing body of a procuring and disposing entity shall not be a member of a contracts committee and shall not seek to influence a decision of a contracts committee, except as permitted under the Act or these Regulations.

(3) The board of directors or governing body shall approve any appointment to the contracts committee in accordance with regulation 45(3)(b).

Division III-Contracts Committee.

44. The accounting officer shall not be a member of the contracts committee and shall not seek to influence any decision of a contracts committee, except as permitted under the Act or these Regulations.

45. (1) The accounting officer shall appoint a member of a contracts committee in writing, by letter of appointment, using the appropriate standard format prescribed in the Second Schedule to these Regulations.

(2) The accounting officer shall ensure that any appointment to the contracts committee is made from among serving public officers employed on a full time basis with the procuring and disposing entity or an appropriate external body.

(3) The appointment shall be subject to the prior approval of the Secretary to the Treasury using PP Form 220 in the Ninth Schedule to these Regulations.

(4) In assessing a candidate for suitability for appointment to a contracts committee, the accounting officer shall seek to establish a balance of skills and experience among members to ensure that the contracts committee-

(a) has a proven track record of sound judgment;

(b) has an appropriate level of seniority and experience in decision-making;

(c) includes experience in at least one recognised professional discipline;

(d) does not have more than two members from one department;

(e) includes experience in the procuring and disposing entity; and
(f) includes experience in public procurement and disposal.

(5) When reappointing members to a contracts committee, the accounting officer shall consider the need for both continuity and rotation of personnel in the membership of the contracts committee.

(6) The accounting officer may appoint a temporary member of the contracts committee, with the prior approval of the Secretary to the Treasury or the board of directors or governing body, as the case may be, to replace a permanent member who may be absent for a prolonged period.

(7) The accounting officer shall appoint a member of the procuring and disposing entity, who shall not be a member of the procurement and disposal unit, to be the secretary to the contracts committee.

(8) The secretary shall be a voting member of the contracts committee.

46. (1) A person shall be a member of a contracts committee in his or her individual capacity, as distinct from his or her position or designation.

(2) A member of a procurement and disposal unit shall not be appointed a member of a contracts committee.

(3) Where a member of a contracts committee is unable to attend a meeting, he or she shall not nominate an alternate member or proxy.

(4) A temporary member appointed under regulation 45(6) shall be appointed only for the period for which the permanent member is absent.

47. (1) The accounting officer may at any time terminate the appointment of a member of the contracts committee-

(a) for abuse of office;

(b) for corruption;
(c) for incompetence;

(d) for physical or mental incapacity which renders the member incapable of performing his or her duties;

(e) for failure to attend three consecutive scheduled meetings without reasonable grounds;

(f) for conviction of an offence involving moral turpitude;

(g) declared bankrupt by a court of law; or

(h) on any other reasonable ground.

(2) The accounting officer may remove and substitute any member of the contracts committee, prior to the expiry of his or her term of office where it is necessary, in accordance with regulation 45(4), and in particular where-

(a) the structure or status of the procuring entity has changed; or

(b) the post of an incumbent contracts committee member has changed.

(3) Termination of office or removal of a contracts committee member shall be subject to the prior approval of the Secretary to the Treasury.

48. In executing its powers under section 29 of the Act, a contracts committee shall ensure that all decisions meet the basic principles and rules of public procurement and disposal and in particular shall-

(a) approve solicitation documents and any addenda before their issue to bidders and, in particular, authorise and ensure the following components-

(i) the completeness and suitability of the statement of requirements;
(ii) the appropriateness and applicability of the proposed evaluation methodology and criteria contained in the solicitation documents;

(iii) the appropriateness of the type of contract to the procurement requirement;

(iv) the appropriateness of the special conditions of contract proposed for any resulting contract; and

(v) that the bidding period is reasonable, having regard to the complexity of the requirement in accordance with regulations 143(5) and 145;

(b) nominate contracts committee members to attend and witness pre-bid meetings, bid closings, bid openings and contract negotiation meetings;

(c) approve-

(i) the membership of evaluation committees;

(ii) technical, financial or combined evaluation reports;

(iii) the membership and objectives of a negotiation team; and

(iv) the outcome of any negotiations;

(d) approve contract documents in line with the award decision; and

(e) approve contract amendments.

49. (1) The secretary of a contracts committee shall co-ordinate submissions for procurement and disposal requirements from a procurement and disposal unit and user department.
(2) A procurement and disposal unit shall make a submission using the appropriate sections of PP Form 1, 2, 3 or 4 for procurement requirements and DPA Form 101, 102, 103, 104, 105, 106, 107 or 108 for disposal requirements, in the Ninth Schedule to these Regulations.

(3) A submission shall be made in respect of-

(a) the choice of a procurement or disposal method;

(b) pre-qualification and solicitation documents or any addenda before issue;

(c) a nomination for membership of evaluation and negotiation teams;

(d) a technical, financial or combined evaluation report;

(e) a recommendation for award of contract;

(f) a letter of bid acceptance and contract document;

(g) a contract amendment; and

(h) a proposed delegation of authority.

50. (1) A member of a contracts committee, on receiving the agenda of a meeting of a contracts committee, or on notification of a matter being brought to the attention of the contracts committee, shall immediately inform the chairperson and the accounting officer in writing of any item on the agenda or specific matter requiring the contracts committee's consideration and decision, where he or she has, or intends to acquire, a direct or indirect personal interest.

(2) A member with an interest shall not disclose the specific details of the personal interest but shall leave the meeting while the matter is considered and shall not participate in the deliberations or decision-making process of the contracts committee in relation to the item or the matter in which he or she has an interest.
51. (1) The quorum for a meeting of the contracts committee shall be any three members.

(2) A contracts committee shall consider each submission made and, based on the information contained in the forms and the supporting documents submitted, approve or reject the submission made.

(3) A contracts committee may give a conditional approval to a submission, where there is a minor issue to be resolved.

(4) A contracts committee shall give in writing the reasons for rejecting a submission.

(5) Notwithstanding the recommendations of the procurement and disposal unit, a contracts committee shall take an independent decision based on the Act, these Regulations, the guidelines and best practices, and shall act in good faith.

(6) A decision of a contracts committee shall be unanimous or, where unanimity cannot be achieved, shall be by simple majority of the members present.

(7) Where a vote of the contracts committee is tied, the chairperson shall not have a second or casting vote and the submission shall be rejected.

(8) A decision of the contracts committee shall be recorded and communicated to the officer who made the submission, using PP Form 209 in the Ninth Schedule to these Regulations.

52. (1) Where a contracts committee disagrees with a procurement and disposal unit, concerning any decision pertaining to the application or interpretation of procurement method, process or practice under these Regulations, the contracts committee may-

(a) return the submission to the procurement and disposal unit for review; or
(b) request for an independent review by the Authority.

(2) The contracts committee shall state the reasons for its disagreement in writing.

(3) A procurement and disposal unit may also request for an independent review by the Authority in relation to any disagreement with the contracts committee.

53. (1) The secretary of the contracts committee shall record the minutes of each contracts committee meeting using PP Form 210, which may be supported by detailed minutes if so required.

(2) The minutes of each contracts committee meeting shall include-

(a) a register of attendance, signed by all members, advisors and observers using PP Form 210, Part 1 indicating whether each member's attendance was for all or only part of the meeting and indicate the items on the agenda in which the members participated;

(b) the code of ethics, signed by all members and other persons attending the meeting using PP Form 210, Part 1; and

(c) a record of the decisions made for each submission considered by the contracts committee using PP Form 210, Part 2, together with details of any conditions to approved submissions, and reasons for the rejected submissions.

(3) A procuring and disposing entity may abbreviate the information contained in Part 2 of PP Form 210 in the Ninth Schedule to these Regulations, provided copies of PP Form 209 with full details or detailed minutes are attached to the form.

(4) The record of each contracts committee meeting shall include the key issues discussed in relation to each submission or item on the agenda, including any advice given by an advisor or any disagreement between members.
54. (1) A contracts committee may co-opt an adviser to assist it in the discharge of its functions.

(2) An advisor shall not take part in the decisions of the contracts committee and shall only attend a part of a meeting which considers the matter on which the advice is required.

(3) A contracts committee shall require a member of a procurement and disposal unit to attend a contracts committee meeting as an advisor to offer clarifications on a submission.

(4) A contracts committee may require any member of a user department, an evaluation committee or a negotiation team to attend a contracts committee meeting as an advisor to offer clarifications on a submission.

(5) An observer to the contracts committee shall be permitted, where the contracts committee and the accounting officer agree, and where they would be acting either on behalf of the procuring and disposing entity or the Authority.

(6) The adviser and observer shall sign the register of attendance in accordance with regulation 53(2)(a).

(7) The observer or adviser to the contracts committee shall not be permitted to vote at the contracts committee meetings.

55. (1) The chairperson of a contracts committee shall preside over the meeting of the contracts committee and, in the chairperson's absence, a member from among those present shall be elected to preside over the meeting.

(2) The chairperson shall be responsible for-

(a) guiding the secretary in drawing up the agenda;

(b) ensuring that the agenda specifies-

(i) the date, time and venue of the contracts committee meeting;

(ii) the submissions to be considered;
(iii) issues to be discussed; and

(iv) any adviser or observer to attend the meeting;

(c) ensuring that-

(i) the performance of the contracts committee is in accordance with all legal requirements, codes of conduct and standards established by the Authority;

(ii) order is maintained and productive work done at all meetings;

(iii) open and participatory debate by members present is possible at all meetings;

(iv) specialist advice is obtained if so required; and

(v) the minutes of the contracts committee meetings are confirmed by members and signed as required.

56. The secretary of a contracts committee shall be responsible for-

(a) liasing with the procurement and disposal unit regarding the timing and need for a contracts committee meeting and submission;

(b) assisting the chairperson in convening meetings and preparing the agenda;

(c) organising and providing the necessary facilities for meetings of the contracts committee;

(d) ensuring that the agenda, submissions and any other documentation are distributed to members of the contracts committee within a reasonable time before any meeting;
(e) recording the minutes of the meetings;

(f) keeping all records of the contracts committee, including, but not limited to agendas, submissions and minutes;

(g) promptly notifying the relevant officials, and in particular the procurement and disposal unit, of the decisions of the contracts committee;

(h) co-ordinating all activities of the contracts committee, including correspondence with the Authority and other bodies;

(i) preparing reports of the contracts committee; and

(j) monitoring the term of membership of contracts committee members and notifying the accounting officer at least two months prior to the expiry of the term of membership.

Division IV-Procurement and Disposal Unit and User Departments.

57. (1) The appropriate levels and grades of a procurement and disposal unit shall be determined by the anticipated-

(a) number of procurement and disposal requirements;

(b) value of procurement and disposal requirements;

(c) complexity of procurement or disposal requirements; and

(d) range of different procurement and disposal methods to be used.

(2) The accounting officer shall inform the Authority of the membership of the procurement and disposal unit and the qualifications of its staff within a period of ten working days from its establishment or from any change in staff, using PP Form 221, supported by PP Form 222 in the Ninth Schedule to these Regulations.
(3) A member of a procurement and disposal unit shall, upon his or her appointment, sign the Code of Ethical Conduct in Business using PP Form 211 in the Ninth Schedule to these Regulations.

58. A procurement and disposal unit shall have the following responsibilities-

(a) to advise user departments on individual procurement and disposal methods and practices;

(b) to liase with the secretary of the contracts committee to ensure that submissions are made to the contracts committee on time and in the correct manner and to request additional meetings when required;

(c) to manage pre-bid meetings;

(d) to manage bid closings and bid openings;

(e) to manage the evaluation process;

(f) to monitor contract management by user departments to ensure implementation of contracts in accordance with the terms and conditions of the awarded contract; and

(g) to report any significant departures from the terms and conditions of an awarded contract to the accounting officer.

59. In the exercise of its functions under the Act and these Regulations, a procurement and disposal unit shall-

(a) advertise bid opportunities;

(b) issue solicitation documents and any amendments;

(c) make recommendations for award of contract to the contracts committee;

(d) inspect the records of user departments relating to contract management; and
(e) require reports from user departments relating to contract management.

60. Every user department shall prepare a work plan for procurement based on the approved budget, which shall be submitted to the procurement and disposal unit for implementation and may seek technical assistance, where necessary.

61. (1) A procurement and disposal unit shall manage the procurement or disposal process up to the point of contract placement.

(2) For each procurement or disposal requirement, a user department shall nominate an official who shall be responsible for liaison with the procurement and disposal unit on all matters relating to that procurement or disposal requirement.

(3) A user department shall inform the procurement and disposal unit of the name of the nominated official who shall, unless otherwise indicated by the user department, be the officer signing as the originating officer on the standard forms for initiation of a procurement and disposal requirement as prescribed by these Regulations.

(4) A user department shall decide whether one officer shall be responsible for liaison with the procurement and disposal unit for all the procurement and disposal requirements of the department or whether a different officer shall be nominated for each requirement.

(5) A user department shall be responsible for contract management, once a contract is placed.

(6) A procurement and disposal unit shall monitor contract management and prepare contract amendments that may be required.

(7) A procurement and disposal unit shall provide a complete copy of the contract to the user department and, where the user department has any reservation or difficulty with the terms or conditions of the contract, it shall be discussed with the procurement and disposal unit.
(8) The user department shall inform the procurement and disposal unit of the name of the official responsible for managing each contract.

(9) The user department shall report any departure from the terms and conditions of the contract to the procurement and disposal unit.

Division V-Delegation of Functions.

62. (1) Subject to the Act and these Regulations, an accounting officer may-

(a) delegate certain procurement and disposal functions of the accounting officer, contracts committee or procurement and disposal unit to-

(i) a sub-division of the procuring and disposing entity in accordance with regulation 71; or

(ii) a member of staff of the procuring and disposing entity in accordance with regulations 63 or 74 as appropriate; and

(b) contract out certain procurement and disposal functions of the contracts committee, procurement and disposal unit or user departments to-

(i) any other procuring and disposing entity in accordance with regulation 75; or

(ii) a third party procurement or disposal provider in accordance with regulation 81.

(2) For the avoidance of doubt, the delegation of functions shall be within a procuring and disposing entity and contracting out of functions shall be outside of a procuring and disposing entity.
63. (1) An accounting officer may delegate in writing the following functions to a member of staff of the procuring and disposing entity-

(a) certifying the availability of funds prior to the commencement of any procurement or disposal activity;

(b) committing funds prior to contract placement;

(c) communicating award decisions;

(d) ensuring that the implementation of an awarded contract is in accordance with the terms and conditions of the award; and

(e) implementing the recommendations of the Authority.

(2) The Accounting Officer shall remain accountable for all decisions taken under the delegated authority.

64. The Accounting Officer shall not delegate the following powers and functions-

(a) establishment of a contracts committee;

(b) appointment of the members of the contracts committee;

(c) establishment of a procurement and disposal unit;

(d) investigation of a complaint by a bidder; and

(e) submission of reports of findings in respect of the complaints to the Authority.

65. In order to maintain independence of functions, the functions of the Accounting Officer prescribed in regulation 63(1) shall not be delegated to-

(a) a member of a contracts committee or any delegated contracts committee; or
(b) a member of staff of a procurement and disposal unit or any delegated procurement and disposal unit.

66. (1) An accounting officer may, on the recommendation of the contracts committee, delegate any of the procurement or disposal functions of the contracts committee or the procurement and disposal unit to-

(a) a sub-division of the procuring and disposing entity in accordance with regulation 71; or

(b) a member of staff of the procuring and disposing entity in accordance with regulation 74.

(2) The accounting officer shall remain accountable for all decisions taken under the delegated authority.

(3) Where a function is delegated, an accounting officer shall ensure the independence of functions and powers in accordance with section 38 of the Act.

(4) A function may be delegated where it is cost effective because of the workload or type of work or circumstances of a procuring and disposing entity's procurement or disposal.

(5) Delegation shall not be used for the purpose of avoiding the provisions of the Act, these Regulations or the guidelines.

(6) A person to whom a function is delegated shall at all times comply with these Regulations, the guidelines and any conditions of the delegation.

67. An accounting officer shall not delegate any of the following functions of a contracts committee to a sub-division of the procuring and disposing entity-

(a) providing overall guidance on procurement development within the procuring and disposing entity;
(b) liasing directly with the Authority on matters within its jurisdiction;

(c) preparing any reports required for submission to the Authority; and

(d) making recommendations to the accounting officer in respect of delegation of functions.

68. An accounting officer shall not delegate any of the following functions of a procurement and disposal unit to a sub-division of the procuring and disposing entity-

(a) advising a user department on any individual procurement method or practice;

(b) liasing directly with the Authority on matters within its jurisdiction;

(c) acting as procurement coordinator for the procuring and disposing entity;

(d) planning the procurement of the procuring and disposing entity;

(e) liasing with the Authority in respect of the Authority's register of providers;

(f) monitoring contract management by a user department to ensure implementation of a contract in accordance with the terms and conditions of the awarded contract;

(g) reporting any significant departures from the terms and conditions of the awarded contract to the accounting officer; and

(h) preparing any reports required for submission to the contracts committee or the accounting officer.
69. (1) With the exception of the delegation of his or her own functions, an accounting officer may only delegate a procurement or disposal function following a written recommendation by a contracts committee, signed by the chairperson of the contracts committee.

(2) A procurement and disposal unit may submit a recommendation to delegate a function to the contracts committee in writing, stating the reasons for the recommendation.

(3) A recommendation to delegate a function shall be considered by the contracts committee in the same way as any other contracts committee decision and the chairperson of the contracts committee shall seek to obtain a unanimous decision among the members before any delegation of authority is recommended to the accounting officer.

(4) A recommendation shall be forwarded to the accounting officer using Part 1 of PP Form 212, in the Ninth Schedule for delegation of procurement functions and Part 1 of PP Form 213, for delegation of disposal functions.

(5) A recommendation to delegate a function shall state-

(a) the body or individual to whom the delegation is recommended;

(b) the functions to be delegated;

(c) any value limitations on the delegation;

(d) any other limitations or exceptions to the delegation;

(e) the proposed reporting mechanisms to monitor the delegation;

(f) the commencement date of the delegation; and

(g) the duration of the delegation, which may be for a specified period of time or indefinite.
(6) On receipt of a recommendation to delegate functions, an accounting officer shall issue his or her decision within ten working days using Part 2 of PP Form 212 in the Ninth Schedule, for delegation of procurement functions and PP Form 213, Part 2 for delegation of disposal functions.

(7) Where the accounting officer approves a recommendation for delegation without modifications, he or she shall forward the decision to the authorised body to whom the functions are delegated and send a copy of the approved delegation to the contracts committee.

(8) Where the accounting officer approves a recommendation for delegation with modifications, he or she shall discuss the modifications with the contracts committee before issuing his or her decision.

(9) Where the accounting officer rejects a recommendation to delegate functions, he or she shall forward the decision to the contracts committee, stating the reasons for rejection.

70. (1) A delegation of functions may be revoked at any time by the accounting officer either-

(a) at his or her own initiative; or

(b) following a written recommendation by the contracts committee.

(2) A procurement and disposal unit may submit a recommendation to revoke a delegation to the contracts committee, stating the reasons for the recommendation.

(3) A delegation of functions may be revoked-

(a) where the circumstances prompting the delegation have changed;

(b) where a malpractice is alleged, proved or suspected;
(c) where the holder of the delegated functions is not complying with the Act, these Regulations, the guidelines, reporting requirements or any conditions of the delegation; or

(d) for any other justified reason.

(4) Where an accounting officer revokes a delegation of functions at his or her own initiative, he or she shall inform the contracts committee in writing, stating the reasons for the revocation.

(5) A delegation of functions shall be revoked through written instructions to the holder of a delegated function and shall have immediate effect unless otherwise stated.

71. A contracts committee may recommend to the accounting officer the delegation of the entire procurement and disposal function to a sub-division of the procuring and disposing entity, subject to any value limitations or other exceptions-

(a) where the sub-division has a large procurement or disposal workload which would be more effectively managed by the subdivision;

(b) where the sub-division has a specialised procurement or disposal workload which would be more effectively managed by the subdivision;

(c) where the sub-division is geographically distant from the procuring and disposing entity and a delegation would reduce practical or logistical problems or reduce costs;

(d) where the sub-division operates in practical terms as an independent entity and would operate more effectively under delegated authority; or

(e) in any other reasonable circumstances.
72. (1) Where an accounting officer approves a delegation of authority to a sub-division, he or she shall, in the same way as the procuring and disposing entity-

(a) appoint a delegated contracts committee for the respective sub-division; and

(b) cause to be established a delegated procurement and disposal unit for the respective sub-division.

(2) The main contracts committee and procurement and disposal unit of the procuring and disposing entity shall-

(a) remain responsible for the work and decisions of the bodies to whom the procurement and disposal functions are delegated;

(b) monitor or audit the delegated bodies as required;

(c) submit consolidated reports covering all the procurement and disposal activities of the procuring and disposing entity to the Authority or any other body;

(d) liase with the Authority or any other body on behalf of the body to whom the procurement and disposal functions are delegated; and

(e) advise the body to whom the procurement and disposal functions are delegated on all matters relating to public procurement and disposal of public assets.

(3) A contracts committee and a procurement and disposal unit to whom the procurement and disposal functions are delegated shall-

(a) submit such reports to the main contracts committee of the procuring and disposing entity as may be required;

(b) give a copy of the minutes of all its meetings to the main contracts committee of the procuring and disposing entity;
(c) seek advice from the main contracts committee and procurement and disposal unit on all matters relating to public procurement and disposal of public assets; and

(d) request the main contracts committee and procurement and disposal unit of the procuring and disposing entity to act on its behalf in any matters requiring liaison with the Authority or any other body.

73. (1) A sub-division which is unable to comply with the Act, these Regulations, the guidelines or any conditions or limitations of the delegated authority shall notify the accounting officer of the procuring and disposing entity immediately, stating-

(a) the provision with which it is unable to comply; and

(b) the reason why it is unable to comply with the provision.

(2) The accounting officer may, on receipt of a notice under subregulation (1) in consultation with the contracts committee of the procuring and disposing entity-

(a) revoke the delegation of authority;

(b) continue the delegation of authority; or

(c) continue the delegation of authority with revised conditions or limitations.

74. (1) A contracts committee may recommend to the accounting officer, the delegation of functions to any member of staff of the procuring and disposing entity, including a member of the contracts committee or procurement and disposal unit-

(a) where the procuring and disposing entity has a large procurement or disposal workload and the contracts committee would function more effectively if certain functions were delegated;
(b) where the contracts committee meets infrequently and the delegation would facilitate the procurement or disposal process in the procuring and disposing entity; or

(c) in any other reasonable circumstances.

(2) The contracts committee shall only delegate functions to an individual who-

(a) is familiar with the Act, these Regulations and the guidelines; and

(b) has appropriate seniority and experience to take the necessary decisions.

(3) A decision taken by a member of staff to whom a function is delegated shall be documented in the same way as a decision taken by the contracts committee and shall be reported to the next meeting of the contracts committee.

75. Subject to the provisions of the Act and these Regulations, an accounting officer may contract out to another procuring and disposing entity-

(a) the entire procurement and disposal function in accordance with regulation 76; or

(b) limited procurement and disposal requirements in accordance with regulation 78.

76. (1) An accounting officer may contract out the entire procurement and disposal function to another procuring and disposing entity-

(a) where the procuring and disposing entity is unable to comply with the Act, these Regulations or the guidelines due to its size or any other factor;
(b) where the accounting officer decides that it would be more economical or efficient to delegate the function; or

(c) in any other reasonable circumstances.

(2) The functions contracted out may have value limitations or other limitations or exceptions.

(3) The accounting officer shall remain accountable for all decisions taken by the procuring and disposing entity to which the function is contracted out.

77. (1) Where the entire procuring and disposal function is contracted out to another procuring and disposing entity, the accounting officers of the two procuring and disposing entities shall agree on-

(a) any functions that may be excluded from the contract;

(b) the mechanisms for implementation of a procurement and disposal requirement;

(c) reporting and monitoring procedures and responsibilities;

(d) any limitations or exceptions to the contract; and

(e) any costs to be paid.

(2) The agreement for contracting out shall be confirmed in writing and signed by the accounting officers of the two procuring and disposing entities.

78. (1) A contracts committee may recommend the contracting out of limited procurement or disposal requirements to another procuring and disposing entity-

(a) where that other procuring and disposing entity has specialised knowledge, expertise or experience in the subject matter of the procurement or disposal;
(b) where a requirement is subject to common procurement or disposal;

(c) where a project is being jointly implemented;

(d) where it would be more economical or efficient to contract out a requirement; or

(e) in any other reasonable circumstances.

(2) A contract with another procuring and disposing entity may be for-

(a) an individual requirement;

(b) a certain category or type of procurement or disposal; or

(c) a particular project.

79. (1) Where a limited procurement and disposal requirement is contracted out the accounting officers of the two procuring and disposing entities shall agree on-

(a) the requirements, types of requirements or projects subject to the contract;

(b) the mechanisms for implementation of a procurement and disposal requirement;

(c) the procedure for approving a procurement and disposal requirement in accordance with regulation 80;

(d) reporting and monitoring procedures and responsibilities;

(e) any limitations or exceptions to the contract; and

(f) any costs to be paid.

(2) An agreement for contracting out a limited procurement and disposal function shall be confirmed in writing and signed by the accounting officers of the two procuring and disposing entities.
80. (1) Where a limited procurement and disposal requirement is contracted out to another procuring and disposing entity, the institutional arrangements for the approval of the requirements shall be agreed upon by the accounting officers, but may include-

(a) approval by the contracts committee of the procuring and disposing entity initiating the requirements;

(b) approval by the contracts committee of the procuring and disposing entity to which the requirement has been contracted;

(c) approval by the contracts committees of both or all procuring and disposing entities;

(d) a requirement that a representative of the initiating contracts committee may observe or participate in the meetings of the contracts committee to which the requirement is contracted; or

(e) a requirement for approval by a joint contracts committee established by both or all of the initiating procuring and disposing entities.

(2) The accounting officer and the contracts committee of a procuring and disposing entity initiating and funding the requirements shall remain accountable for all decisions taken by the procuring and disposing entity to which procurement or disposal requirements are contracted out.

81. (1) A procuring and disposing entity may contract out any of the following procurement and disposal functions of a procurement and disposal unit to a third party procurement or disposal provider-

(a) advising a user department on an individual procurement and disposal method or practice;

(b) recommending appropriate procurement and disposal methods;
(c) preparing-

(i) a statement of requirements;

(ii) solicitation documents and any clarifications or amendments;

(iii) contract documents; or

(iv) contract amendments;

(d) receiving bids;

(e) coordinating bid openings; or

(f) managing the bid evaluation process.

(2) A procuring and disposing entity may contract out any of the following contract management functions of a user department to a third party procurement or disposal provider-

(a) administering and managing contracts;

(b) reporting to the procurement and disposal unit any departure from the terms and conditions of an awarded contract;

(c) preparing change orders in accordance with the terms and conditions of the contract; or

(d) certifying invoices for payments to providers.

(3) A procuring and disposing entity shall not contract both the procurement or disposal functions and the contract management functions to the same third party procurement and disposal provider.

(4) The functions of the accounting officer and the contracts committee shall not be contracted out to a third party procurement or disposal provider.

82. (1) Where a procuring and disposing entity contracts a third party procurement provider, it shall select the provider from among providers pre-qualified by the Authority.
(2) The procurement process for contracting the third party procurement provider shall be in accordance with these Regulations and the guidelines.

(3) Notwithstanding subregulation (1), where a provider pre-qualified by the Authority is not competent to provide services for a particular specialised procurement requirement, a procuring and disposing entity may identify a competent third party procurement provider and apply to the Authority to pre-qualify that provider.

83. A contract with a third party procurement and disposal provider shall clearly state-

(a) the functions which are to be undertaken by the third party procurement and disposal provider;

(b) the requirement subject to the contract, which may be defined by value, type, procurement or disposal method or any other criteria;

(c) limitations or exceptions to the services to be provided;

(d) that a procurement or disposal activity undertaken by the third party provider shall be in accordance with the Act, these Regulations and the guidelines;

(e) that a procurement or disposal assignment undertaken by the third party provider shall be submitted to the contracts committee for approval;

(f) the procedure and any costs payable where a submission is rejected or is required to be re-submitted;

(g) that the services may not be sub-contracted by the third party provider without the prior written approval of the procuring and disposing entity;
(h) any reporting requirements;

(i) the ownership of procurement, disposal or contract management records after completion of the assignment;

(j) the fee or unit rates payable for the services;

(k) the maximum response times for the provision of services from the date of each request;

(l) the procedural arrangements for implementation of the services;

(m) the authorised signatories within the procuring and disposing entity and the third party procurement and disposal provider; and

(n) any other contract provisions based on the appropriate standard bidding document for services.

84. (1) A procurement or disposal assignment undertaken by a third party provider shall be submitted through the procurement and disposal unit to the contracts committee for approval.

(2) The contracts committee may require a representative of the third party provider to attend a contracts committee meeting as an adviser in relation to any assignment undertaken, and the third party provider shall have the same status as any other adviser to the contracts committee in accordance with regulation 54