Puauc PROCUREMENT AND DISPOSAL OF Puauc AssETs
Cap.22:23
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No.S/2017
Application of Act
( 1) Subject to this section, this Act shall apply to all stages of the process of(a)
the procurement of goods, construction works and services by procuring
entities; and
(b)
the disposal of public assets by procuring entities.
(2) To the extent that this Act confticts with an obligation of Zimbabwe Wider
or arising out of any convention, treaty or agreement between Zimbabwe and(a) one or more foreign states or governments; or
(b)
one or more international financial organisations;
the requirements of the convention, treaty or agreement shall prevail.
(3) This Act shall not apply to(a) the procurement or acquisition of any of the following services(i) fiscal agency or depositary services; or
(ii) liquidation and management services for regulated financial
institutions; or
(iii) services related to the sale, redemption and distribution of public
debt, including loans and Government bonds, notes and other
securities; or
(iv) arbitration or conciliation services;
(b)
public employment contracts.
(4) If any professional services are to be procured from any person who is
bound by a statutory tariff in relation to that profession or service, this Act shall apply
so as not to require that person to be so bound, and no adverse consequences shall be
visited upon that person for not adhering to such tariff.
(5) Procurement by Zimbabwean diplomatic or consular missions outside
Zimbabwe need not be conducted in accordance with this Act, but the officers in charge
of such missions shall ensure that their procurement is conducted through a competitive
process compliant with the general principles set out in this Act.
(6) The President, by notice in the Gazette, may declare that it would be contrary
to the interests of defence, public security or the national interests of Zimbabwe for
the procurement or disposal of any construction works or class of such works to be
publicly disclosed, and thereupon this Act shall apply to the procurement or disposal of
such works with whatever modifications may be necessary to ensure that information
concerning such works, or their procurement or disposal, is not disclosed to the prejudice
of the defence, security or national interests of Zimbabwe.
(7) The Authority, for good cause shown, may by written notice to the body
concerned exempt any procuring entity from compliance with any provision of this
Act, and thereupon the provision concerned shall not apply to that procuring entity:
Provided that the Authority shall ensure that a copy of any such exemption is
kept at its offices and is open to inspection there by interested persons at all reasonable
times.
(8) The Minister, with the approval of the Authority and by notice in the Gazette,
may exempt any public asset from the application of Part XII of this Act.
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Objectives of Act
( l) The objectives of this Act are-
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