89. The following records of a procuring and disposing entity shall be open to inspection by the Authority during working hours-

(a) a record of the procurement process;

(b) a record of contracts management;

(c) all records of the contracts committee; and

(d) any records of the accounting officer which relate to procurement, contracts management, disagreements with the contracts committee, investigations of complaints, or any other matter related to the Act or these Regulations.

90. Procurement records maintained by a procurement and disposal unit shall contain, where appropriate-

(a) a request to initiate procurement proceedings;

(b) a copy of the published advertisement or shortlist;

(c) a copy of the pre-qualification and solicitation documents and any amendments or clarifications;

(d) a record of bid closing and bid openings;

(e) a copy of all bids evaluated or clarifications requested and responses received;
(f) the evaluation report;

(g) minutes of meetings on procurement, including pre-bid and negotiation meetings;

(h) a notice of best evaluated bidder;

(i) any letter of bid acceptance to the provider;

(j) the contract document;

(k) contract amendments;

(l) all correspondences between a procuring and disposing entity and a bidder or potential bidder; and

(m) a copy of all submissions to and all decisions of the contracts committee related to the procurement including, but not limited to, the choice of procurement method, approval of pre-qualification and solicitation documents, approval of evaluation reports, contract award, approval of contract documents and contract amendments and any decision to suspend or cancel procurement proceedings.

91. Contract management records maintained by a user department shall include-

(a) a copy of the signed contract document, including any signed contract amendments;

(b) any variations or change orders issued under the contract;

(c) post-contract documents relating to the fulfilment of contract obligations, in particular, copies of bank guarantees or payment guarantees;

(d) minutes of any meetings related to contracts management, including contract progress or review meetings;
(e) delivery documents evidencing delivery of supplies or completion certificates in relation to a contract for services or works under the contract;

(f) a copy of all invoices for works, services or supplies including work papers verifying the accuracy of payments claimed and details of the actual payment authorised by a contract manager;

(g) a copy of cumulative payment worksheets evidencing management of all payments made;

(h) a copy of any claims made by the contract manager on behalf of the procuring and disposing entity in respect of any warranty, non-warranty, short supply, damage and other claims upon the provider or upon the procuring and disposing entity;

(i) all correspondence between the procuring and disposing entity and the provider; and

(j) a copy of all submissions to the contracts committee and decisions related to the contract management including, but not limited to, the approval of contract amendments.

92. (1) A security, negotiable document or other financial instrument received by a procurement and disposal unit or a user department shall be deposited by the officer responsible for the procurement or contract management in a secure place under arrangements made by each procurement and disposing entity.

(2) A copy of the documents referred to in subregulation (1) shall be kept as a procurement record and shall be annotated with details of the location of the original documents and the date of receipt of the original documents.

(3) For the avoidance of doubt, the following original documents shall not be retained in a procurement or contract management record-
(a) a bid bond;

(b) a performance bond;

(c) an advance payment guarantee or security;

(d) a stage payment guarantee or security;

(e) a retained payment guarantee or security;

(f) any other payment guarantee or security;

(g) a bill of lading, airway bill or similar documents; and

(h) a power of attorney.

(4) The following original documents may, where they are of high value or if it is considered necessary by the procuring and disposing entity, need not be retained in a procurement or contract management record-

(a) a contract;

(b) a contract amendment;

(c) a document certifying the handover of title or risk in respect of works, other than minor works completed or services provided; and

(d) any other document deemed of intrinsic or inherent value.

(5) The requirements to be met by a procuring and disposing entity in providing safe custody for the documents in subregulation (3) and (4) may be issued by the Authority as guidelines.

93. (1) English shall be the language of communication in all procuring and disposing proceedings.

(2) The language of communication shall be specified in all solicitation documents.
(3) Subject to the provisions of these Regulations minutes of a meeting between a procuring and disposing entity and a bidder or provider shall be taken and kept, and any agreement shall be confirmed in writing.

(4) The Authority may issue guidelines regarding the use of electronic media where appropriate.

94. (1) A contracts committee or a holder of delegated authority shall approve-

(a) the choice of a procurement method prior to commencement of the procurement process;

(b) pre-qualification documents prior to issue;

(c) solicitation documents and any amendments prior to issue;

(d) evaluation reports prior to post-qualification or negotiations;

(e) cancellation of a procurement process;

(f) contract award decisions prior to publication of any notice of best evaluated bidder or release of a contractual document;

(g) a letter of bid acceptance and contract documents prior to issue;

(h) contract amendments prior to issue; and

(i) termination of a contract.

95. (1) A procurement and disposal unit or a user department shall, if it deems it necessary, prepare a recommendation to a contracts committee for cancellation of a procurement process.
(2) A recommendation for cancellation of a procurement process in subregulation (1) shall indicate-

(a) the procurement reference number and subject of procurement;

(b) detailed reasons why cancellation is recommended;

(c) the status of the procurement process;

(d) an alternative procurement process recommended, if any; and

(e) any other relevant information.

(3) Reasons for cancellation may include, but shall not be limited to-

(a) lack of adequate funding;

(b) a significant change in the technical details of the requirement;

(c) a significant change in the circumstances of the procurement;

(d) the circumstances giving rise to the need have changed significantly; or

(e) a lack of responsive bids.

(4) A procurement process shall not be cancelled prior to obtaining the approval of a contracts committee.

Division II-Procurement Planning.

96. (1) A user department shall prepare a multi-annual, rolling work plan for procurement based on the approved budget, which shall be submitted to the procurement and disposal unit to facilitate orderly execution of annual procurement activities.

(2) A procurement plan shall be integrated into the annual and multi-annual sector expenditure programme to enhance financial predictability, accounting and control over procurement budgets.
(3) A procurement and disposal unit shall use the combined work plan to plan, organise, forecast and schedule the procuring and disposing entity's procurement activities for the financial year.

97. The combined work plan for the procuring and disposing entity shall include-

(a) a detailed breakdown of activities of works, services or supplies to be procured;

(b) a schedule of procurement requirements in order of priority;

(c) a statement of required resources supported by a schedule of the projected funding;

(d) a plan of the likely method of procurement for each requirement and the likely time required for each stage in the procurement cycle; and

(e) details of measures to be taken to prevent recourse to the use of direct procurement.

98. Planning for a procurement activity shall take into account the following considerations-

(a) aggregation of requirement to achieve lower unit costs;

(b) allocation of biddable lots to ensure that requirements are not split up without justified reason;

(c) common procurement of common user items with other procuring and disposing entities;

(d) joint procurement with other procuring and disposing entities, where possible;
(e) pre-qualification to cover groups of contracts where similar works, services or supplies requiring a pre-qualification exercise are required during the financial year, or where it would facilitate shortlisting of bidders;

(f) scheduling of available resources to process the procurement requirements of the procuring and disposing entity, in particular those relating to evaluations teams; and

(g) the need for framework contracts where appropriate, to the individual procurement requirements.

99. (1) Requirements shall be aggregated for-

(a) all departments of a procuring and disposing entity;

(b) a complete financial year or other appropriate period of time; and

(c) any other appropriate circumstance.

(2) The aggregation of requirements shall take into account-

(a) the market structure for the items required;

(b) items which are of a similar nature and which are likely to attract the same potential bidders;

(c) the optimum size and type of contract to attract the greatest and most responsive competition or the best prices;

(d) items which shall be subject to the same method of procurement and bidding conditions;

(e) items which shall be ready for bidding at the same time;
(f) items which shall be subject to the same conditions of contract;

(g) potential savings in time or transaction costs;

(h) the appropriate size of contract to facilitate the application of any preference and reservation schemes; and

(i) the optimum number and size of contracts to facilitate management and administration of contracts by the procuring and disposing entity.

100. (1) A procuring and disposing entity shall not, with the intention of avoiding a particular method of procurement or the benefits of scale, split up procurement requirements which can be procured as a single contract.

(2) Splitting of procurement or disposal requirements, which are broadly similar or related, shall only be permitted when the split offers clear and calculable economic or technical advantages.

101. (1) A procuring and disposing entity may divide requirements allocated to a single procurement process into separate lots, where it is anticipated that the award of several separate contracts would result in the best overall value for the procuring and disposing entity.

(2) Where requirements are divided into lots, which may result in separate contracts, the choice of a procurement method shall be determined by the estimated value of each individual lot and not the total value of all the lots.

(3) Where a number of lots are to be procured under the same procurement process, the solicitation documents shall clearly state-
(a) the number of lots included in the procurement process;

(b) the nature and size of each lot;

(c) the minimum and maximum number of lots, if any, for which a bidder may bid;

(d) the proportion of each lot for which a bidder may bid, or whether a bid shall be for complete lots; and

(e) the method of evaluating multiple lots.

102. (1) A procuring and disposing entity shall, where possible, seek to undertake common procurement for procurement requirements that are in common use by more than one procuring and disposing entity.

(2) A procuring and disposing entity shall be guided by the list of common user items published by the Authority.

(3) A list of common user items published by the Authority shall not be considered as exhaustive.

(4) Any requirement for works, services or supplies may be subject to common procurement.

(5) A procuring and disposing entity may consult with another in relation to common procurement, and the consultations shall include-

(a) the availability of individual budgets;

(b) the payment for requirements delivered; and

(c) the conclusion of the optimal contract, including the delivery arrangements.

103. (1) The procuring and disposing entities to undertake common procurement shall agree on the arrangements to be used for common procurement prior to approval of the procurement, in accordance with regulation 80.
(2) The procuring and disposing entities may agree on-

(a) cost sharing and payment arrangements; and

(b) reimbursement to a nominated procuring and disposing entity for the costs associated with procurement work undertaken on their behalf.

(3) Costs in subregulation (2) may include advertising costs, photocopying costs and the cost of the personnel involved in the procurement proceedings.

104. (1) Procurement requirements shall be documented using PP Form 20 in the Ninth Schedule, and shall include-

(a) a clear indication of the works, services or supplies required;

(b) the estimated value of the works, services or supplies;

(c) confirmation of availability of funding in accordance with regulation 105; and

(d) the approval of the procurement requirement in accordance with subregulation (4).

(2) In estimating the value of the works, services or supplies required and confirming the availability of funds, a procuring and disposing entity shall ensure that the estimate is realistic and that-

(a) the estimate is based on up-to-date information;

(b) technical advice is sought, where required; and

(c) the confirmation of availability of funding takes into account the total acquisition cost in accordance with regulation 227.

(3) A specific reference number shall be allocated to each procurement requirement at the initiation stage, using the numbering system given in the guidelines.
(4) Approval of procurement requirements shall be evidenced by the signature of the authorised official on PP Form 20.

105. (1) A procuring and disposing entity shall not initiate any procurement proceedings or activities for which funds are neither available nor adequate, except where-

(a) the delivery of goods, services or supplies and consequent payments to a provider are anticipated to be effected from future financial years;

(b) for framework contracts, funds will be committed at the time of issue of each specific call of order; or

(c) the Secretary to the Treasury has confirmed in writing that the required funding shall be made available.

(2) Availability of funds shall be evidenced by budgeted or supplementary funds for the current financial year or an allocation for subsequent years.

(3) Certification of the availability of funds shall be made by the accounting officer or by any officer authorised by the accounting officer.

(4) Where payment to a provider is anticipated to last more than one financial year, the accounting officer shall ensure that financial provision is made in the budget estimates for the appropriate year to support the procurement during the subsequent years.

(5) The accounting officer shall ensure that sufficient funds are budgeted for framework contracts every financial year, to cover the full cumulative cost of call off orders anticipated for each year for a framework contract.

Division III-Methods of Procurement.

106. (1) A procuring and disposing entity shall use the procurement methods specified in Part VI of the Act for all procurement.

(2) The choice of a procurement method shall be in accordance with the Fourth Schedule to the Act, these Regulations and the guidelines, and shall be on the basis of-

(a) the estimated value of the requirement; or

(b) the circumstances pertaining to the requirement.

(3) The estimated value of the requirement shall be the main criterion for determining the choice of procurement method.

(4) The choice of procurement shall be in accordance with the thresholds issued by the Authority by guidelines.

(5) The circumstances pertaining to the requirement to procure, may be used as additional criteria in determining the choice of procurement method, in accordance with regulations 110, 111 and 113.

107. (1) A foreign bidder who participates in open domestic bidding shall be bound to the same extent as a national or resident provider, by the conditions set out in the solicitation documentation.

(2) A procuring and disposing entity may request permission from the Authority to use a procurement method other than open domestic bidding where prevailing circumstances are not provided for under these Regulations.

108. Micro procurement may be used where the estimated value of the procurement does not exceed 100 currency points.

109. (1) Where direct procurement is used in the circumstances set out in paragraphs 6(1)(a)(iii), (iv) and (v) of the Fourth Schedule to the Act-
(a) the contract amendment shall be placed in accordance with regulation 262;

(b) the value of the new works, services or supplies shall not exceed 15% of the original or existing contract value; and

(c) the original or existing contract shall have been awarded through a competitive procurement process.

(2) Where direct procurement is used more than once in the circumstances set out in subregulation (1) more than once, the cumulative value of all new works, services or supplies shall not exceed 25% of the value of the original or existing contract.

110. (1) An emergency situation shall constitute circumstances that may determine the choice of procurement method, regardless of the estimated value of the requirement.

(2) An emergency situation shall include circumstances which are urgent, unforeseeable or a situation not caused by dilatory conduct where-

(a) the country is seriously threatened by or actually confronted with a disaster, catastrophe, war or an act of God;

(b) life or the quality of life or environment may be seriously compromised;

(c) the conditions or quality of goods, equipment, buildings or publicly owned capital goods may seriously deteriorate unless action is urgently and necessarily taken to maintain them in their actual value or usefulness; or

(d) an investment project is seriously delayed for want of minor items.

(3) A recommendation to use an emergency situation as the criterion for determining the choice of a procurement method shall include a comprehensive justification for its use and shall state the reasons giving rise to the emergency situation.
(4) Where an emergency situation is used as a criterion for determining the choice of a procurement method, competition shall not automatically be excluded from the procurement proceeding solely on the basis of the emergency situation.

(5) A procuring and disposing entity shall obtain maximum competition to the extent practicable in the procurement under an emergency situation.

(6) A procuring and disposing entity shall, before considering the use of the direct procurement method in an emergency situation, give priority to other competitive procurement methods in accordance with subregulations (7), (8), (9) and (10).

(7) Where the value of a procurement requirement requires the use of open bidding, a procuring and disposing entity shall, prior to deciding on the use of a direct procurement method, give priority in descending order to the use of-

(a) restricted bidding;

(b) quotations and proposals procurement; or

(c) any competitive method, with appropriate modifications, in accordance with subregulation (10).

(8) Where the value of a procurement requirement requires the use of restricted bidding, a procuring and disposing entity shall, prior to deciding on the use of the direct procurement method, give priority in descending order to the use of-

(a) quotations and proposals procurement; or

(b) any competitive method, with appropriate modifications, in accordance with subregulation (10).

(9) Where the value of a procurement requirement requires the use of quotations and proposals procurement, a procuring and disposing entity shall, prior to deciding on the use of a direct procurement method, consider the use of quotations and proposals procurement, with appropriate modifications, in accordance with subregulation (10).
(10) Where a procuring and disposing entity is unable to comply with all regulations or guidelines relating to a competitive method of procurement, it shall, prior to deciding on the use of a direct procurement method, consider the use of any competitive method with-

(a) a bidding period which is less than the minimum bidding period stated in regulation 145;

(b) a minimum shortlist of two bidders;

(c) simplified documentation;

(d) a simplified bid submission method;

(e) a simplified evaluation methodology; or

(f) any other modification which would make the use of the competitive method possible.

(11) An urgent procurement requirement shall not constitute an emergency situation where the circumstances-

(a) should have been foreseen by the procuring and disposing entity;

(b) are the result of inadequate planning; or

(c) are the result of delays by or within the procuring and disposing entity.

(12) A contracts committee may allow urgent procurement to determine the choice of a procurement method, but shall require the responsible officer to submit a detailed and realistic plan, indicating the steps to be taken to prevent any recurrence of similar circumstances.

111. (1) The availability of works, services or supplies from only a limited number of providers or a sole provider shall constitute circumstances which may determine the choice of a procurement method, regardless of the estimated value of the requirement.
(2) The number of providers available may be limited by-

(a) the existence of copyrights, intellectual property rights, patent or proprietary rights;

(b) the existence of a monopoly, prevailing government regulations or legislation;

(c) an approved standardisation policy;

(d) the need for compatibility or interchangeability with existing works, services or supplies;

(e) the existence of exclusive rights given to a provider for the servicing and maintenance of objects of procurement; or

(f) any other justified circumstances.

(3) A recommendation to use availability of works, services, or supplies from a limited number of providers as the criterion for determining the choice of a procurement method shall include-

(a) a comprehensive analysis of the market for the required works, services or supplies made at the manufacturer level and not at distributor or local agent level and the number of potential providers in the market;

(b) full details of the relevant circumstances in subregulation (1);

(c) a clear statement that no other source could be used to open the requirement to a more competitive procurement method; and

(d) an analysis of the statement of requirements, with justification for any parts of the statement of requirements that restrict the number of potential providers.
(4) The use of availability of works, services or supplies from a limited number of providers as a criterion to determine the choice of a procurement method shall not be based on a brand name, make or model, unless the use has been authorised under a standardisation policy or for reasons of compatibility.

112. (1) The need for compatibility with existing works, services or supplies or for continuity from an existing provider may be used as circumstances justifying the use of a direct procurement, regardless of the estimated value of the procurement requirement.

(2) A recommendation to use direct procurement on grounds of compatibility or continuity shall include a comprehensive justification of the need for compatibility or continuity.

(3) The recommendation to use direct procurement on grounds of compatibility or continuity shall contain-

(a) an analysis of the statement of requirements explaining the need for or benefits of compatibility or continuity, which may include-

(i) technical reasons;

(ii) legal reasons, such as continued liability or preservation of warranties; or

(iii) other reasons, such as use of experience acquired or savings in mobilisation costs; and

(b) a clear statement that no other items or providers could reasonably be used to open the requirement up to a more competitive method.

(4) The need for compatibility or continuity shall not be used to recommend direct procurement solely for reasons of convenience or due to a lack of an adequate statement of requirements.
113. (1) The procurement process under open domestic bidding shall follow the procurement process set out in this Part and Part V of these Regulations.

(2) Open domestic bidding shall be open to all bidders and shall be by public advertisement of a bid notice in at least one newspaper of wide national circulation.

(3) Notwithstanding subregulation (2), a bidder may be selected through a pre-qualification process, following publication of a pre-qualification notice in at least one newspaper of wide national circulation.

(4) Bidding documents may be sold to a prospective bidder at a cost agreed by the contracts committee in accordance with regulation171.

(5) A submission to a contracts committee in respect of procurement under open domestic bidding shall be made using PP Form 1 in the Ninth Schedule.

114. (1) The procurement process under open international bidding shall follow the procurement process in this Part and Part V of these Regulations.

(2) Open international bidding shall be open to all bidders and shall be by public advertisement of a bid notice in at least one publication of wide international circulation.

(3) Notwithstanding subregulation (2), a bidder may be selected through a pre-qualification process, following publication of a pre-qualification notice in at least one publication of wide international circulation.

(4) Bidding documents may be sold to a prospective bidder at a cost agreed by the contracts committee in accordance with regulation 146(6).

(5) A submission to the contracts committee in respect of procurement under open international bidding shall be made using PP Form 1 in the Ninth Schedule.
115. (1) The procurement process under restricted domestic bidding shall follow the procurement process set out in this Part and Part V of these Regulations, as modified by the provisions of this regulation.

(2) The selection of a bidder shall be by development of a shortlist in accordance with regulation 142.

(3) A submission to the contracts committee, in respect of procurement under restricted domestic bidding shall be made using PP Form 2 in the Ninth Schedule.

116. (1) The procurement process under restricted international bidding shall follow the procurement process set out in this Part and Part V of these Regulations.

(2) The selection of bidders shall be by development of a shortlist in accordance with regulation 142.

(3) A submission to the contracts committee in respect of procurement under restricted international bidding shall be made using PP Form 2 in the Ninth Schedule.

117. (1) The procurement process under quotations and proposals procurement shall follow the procurement process set out in this Part and Part V of these Regulations, as modified by the provisions of this regulation.

(2) The selection of bidders shall be by development of a shortlist in accordance with regulation 142.

(3) A procuring and disposing entity shall, as far as is practicable, obtain at least three bids.

(4) A submission to the contracts committee in respect of procurement under quotations and proposals procurement shall be made using PP Form 4 in the Ninth Schedule.

118. (1) The procurement process under micro procurement shall follow the procurement process set out in this Part and Part V of these Regulations.
(2) The selection of a provider shall be conducted on a single provider basis without competition in accordance with regulation 143.

(3) A procuring and disposing entity may obtain competitive bids for a procurement process under micro procurement.

(4) A micro procurement process shall not require-

(a) a written solicitation document;

(b) publication of a notice of the single provider;

(c) a written bid;

(d) a public bid opening;

(e) a notice of best evaluated bidder;

(f) a signed contract document; or

(g) a notice of award of contract.

(5) An original invoice or receipt for the procurement of works, services or supplies and the price paid shall be obtained and annotated with the name of the official undertaking the procurement.

(6) The procuring and disposing entity shall be responsible for ensuring that value for money is obtained to the extent practicable, under the micro procurement method.

(7) A procuring and disposing entity may delegate authority to a user department to undertake micro procurement up to the maximum value specified in the guidelines or a lower limit set by the contracts committee.

(8) Micro procurement shall be reported to the contracts committee on a monthly basis by the holder of delegated authority, using PP Form 202 in the Ninth Schedule to these Regulations.

(9) Micro procurement shall be reported to the Authority, in Part 4 of PP Form 200, in the Ninth Schedule to these Regulations.
(10) A report of micro procurement shall be published on a procuring and disposing entity's notice board on a monthly basis using PP Form 202 in the Ninth Schedule to these Regulations.

(11) A procuring and disposing entity shall, where appropriate, use a framework contract for the frequent procurement of regularly required items.

119. (1) A procurement process under direct procurement shall follow the procurement rules and process set out in this Part and Part V of these Regulations, as far as is practicable and as modified by the provisions of this regulation.

(2) A contracts committee shall approve a direct procurement method prior to the commencement of a procurement process using this method.

(3) A procuring and disposing entity shall use the appropriate document from the standard documentation, modified as necessary for the requirements of the procurement.

(4) A bidder shall submit a bid in writing.

(5) Evaluation under direct procurement shall be by technical compliance selection.

(6) Financial evaluation under direct procurement shall-

(a) be done in the currency of the bid, without any conversions;

(b) not rank bids; and

(c) undertake an analysis of value for money, through comparison with prices previously obtained through a competitive method or a breakdown analysis of the costs of each component, taking into account the circumstances and value of the procurement.
(7) An evaluation committee shall not determine the best evaluated bid, but shall recommend whether-

(a) the bid should be considered for contract award, subject to any negotiations required;

(b) further competition should be obtained, where possible, in order to ensure value for money or to meet the technical or other requirements of the procuring and disposing entity; or

(c) the requirement should be cancelled or redefined.

(8) The contract shall be confirmed in writing, using the appropriate document from the standard documentation issued by the Authority, modified as necessary for the requirements of the procurement and signed by both parties.

(9) Regulation 223(4) shall not apply where direct procurement is used in an emergency situation.

(10) Value for money must be demonstrated prior to award of a contract.

(11) A submission to the contracts committee in respect of procurement under direct procurement shall be made using PP Form 3 in the Ninth Schedule.

Division IV-Pre-Qualification.

120. (1) Pre-qualification may be used under open domestic or open international bidding to obtain a shortlist of bidders using the criteria for evaluation prescribed by a procuring and disposing entity in accordance with regulation 124.

(2) Pre-qualification may be used where-

(a) the works, services or supplies are highly complex, specialised or require detailed design or methodology;

(b) the costs of preparing a detailed bid would discourage competition;
(c) the evaluation is particularly detailed and the evaluation of a large number of bids would require excessive time and resources from a procuring and disposing entity; or

(d) the bidding is for a group of contracts, in accordance with regulation 126.

121. (1) Pre-qualification shall be open to all providers using public advertisement of a pre-qualification notice, which shall invite potential bidders to-

(a) obtain the pre-qualification documents from a procuring and disposing entity; or

(b) submit an expression of interest directly to a procuring and disposing entity.

(2) A pre-qualification notice shall be published in at least one publication of wide circulation to ensure effective competition.

(3) A procuring and disposing entity shall use the list of standard documents in the Seventh Schedule for pre-qualification notices.

(4) Where a procuring and disposing entity issues a pre-qualification document, it shall use the appropriate standard document issued by the Authority.

(5) A pre-qualification notice or document, shall contain-

(a) details of the scope of the procurement;

(b) a statement of the requirements and criteria for pre-qualification;

(c) a statement of the information required from a provider;
(d) instructions on the location and deadline for submission of pre-qualification submissions or expressions of interest; and

(e) instructions on the sealing and labelling of pre-qualification submissions or expressions of interest.

(6) The information required from a provider shall be the minimum required to make a judgement on the firm's suitability and shall not be so complex as to discourage a provider from expressing interest.

(7) A provider shall submit sealed written pre-qualification submissions or expressions of interest to a procuring and disposing entity.

122. (1) The advertising period for a pre-qualification shall start on the date the pre-qualification notice is first published.

(2) The minimum advertising period shall be the period given for the appropriate procurement method in regulation 141.

(3) Where no pre-qualification document is issued and a provider is requested to submit expressions of interest directly to the procuring and disposing entity, no advertising period shall apply.

123. (1) The bidding period for pre-qualification shall start from the date when the pre-qualification documents are available to a provider, or from the date of publication of the pre-qualification notice, where no document is issued, to the date for submission of pre-qualification submissions or expressions of interest by a bidder.

(2) An advertising period shall be excluded from the calculation of the bidding period.

(3) In determining the bidding period for pre-qualification, a procuring and disposing entity shall take into account the factors in regulation 144(3).
(4) The minimum bidding period for prequalification under-

(a) domestic bidding, shall be ten working days; and

(b) open international bidding, shall be fifteen working days.

124. (1) Pre-qualification shall be based on the capability and resources of a bidder, taking into account-

(a) experience in similar contracts within the country, region or internationally;

(b) performance on similar contracts within the country, region or internationally;

(c) capabilities with respect to equipment, manufacturing or construction facilities;

(d) the qualifications and experience of personnel;

(e) financial capability to perform the proposed contract;

(f) facilities or representation at or near the location for performance of the contract;

(g) the available capacity to undertake the assignment;

(h) litigation record; and

(i) any other relevant criteria.

(2) The criteria for pre-qualification shall be limited to that necessary for performance of the intended contract and shall not be unduly restrictive.

(3) The assessment of pre-qualification submissions or expressions of interest shall be in accordance with the requirements and criteria stated in the pre-qualification notice or pre-qualification document and shall be recorded using PP Form 25 in the Ninth Schedule.

125. (1) A procuring and disposing entity shall send the solicitation documents to-

(a) a provider who submits pre-qualification submissions or expressions of interest and who meets the specified pre-qualification criteria; or

(b) a number of bidders which is appropriate to ensure effective competition from among the providers who submitted pre-qualification submissions or expressions of interest and who meet the pre-qualification criteria.

(2) A pre-qualification notice or document shall state whether the solicitation document shall be addressed to all pre-qualified providers or to a limited number of pre-qualified providers.

(3) Where the solicitation document is not addressed to all pre-qualified bidders, the bidder selected shall be one who is ranked highest in the evaluation of pre-qualification submissions or expressions of interest.

126. (1) Pre-qualification may be used to pre-qualify a bidder for a group of similar contracts to facilitate the preparation of a shortlist.

(2) The pre-qualification process for a group of contracts shall follow the process stated in regulations 121,122,123 and 124.

(3) A pre-qualification notice or document, shall contain an estimate of the period of time covered by the pre-qualification and an estimate of the number and value of contracts to be awarded.

(4) Where pre-qualification is used for a group of contracts, a procuring and disposing entity shall rotate pre-qualified providers on successive shortlists.

(5) A limit on the number or total value of awards to a provider may be made on the basis of the provider's resources.
(6) The list of pre-qualified providers shall be updated periodically, where pre-qualification is for a group of contracts.

(7) Pre-qualification information submitted by a provider shall be verified prior to contract award.

Division V-Solicitation Documents.

127. (1) Standard solicitation documents, and other documents issued by the Authority, may be customised for use by a procuring and disposing entity.

(2) Customisation of standard solicitation documents and other documents issued by the Authority shall be limited to-

(a) the entry of a procuring and disposing entity's contact details such as, name and address; and

(b) the addition of a logo or any other form of identification of a procuring and disposing entity.

(3) When customising a document, a procuring and disposing entity shall not alter or amend the content or substance of the standard documentation, including the style and format of the documents, without the prior written approval of the Authority.

(4) The customised documents referred to in subregulation (3) shall be approved by the contracts committee for use by a procuring and disposing entity.

(5) Customised standard documents shall be used for drafting documents for individual procurement or disposal requirements.

(6) Under this regulation-

(a) 'customisation' means the process of completing identification details in the standard documentation issued by the Authority to make it suitable for drafting by the procuring and disposing entity; and
(b) 'drafting' means the process of modifying customised standard documents to make them