Pusuc PROCUREMENT AND DisPOSAL OF Pusuc AssETs No.5/2017 15 Cap.22:23 Authorisation to conduct procurement ( 1) A procuring entity shall not initiate or conduct any procurement proceedings in which the value of the procurement requirement is at or above the prescribed threshold unless the procuring entity has been generally authorised by the Authority to conduct such proceedings. (2) Authorisation in terms of subsection (I)(a) shall be given in writing; and (b) may be subject to such terms and conditions as the Authority may specify in the authorisation; and (c) shall be valid for a period of two years from the date on which it was given, and may be renewed for further such periods. (3) The Third Schedule shall apply to applications for authorisation, to the grant or refusal of such applications and to the renewal of such authorisation. (4) The Authority shall in relation to a procuring entity that fails to obtain authorisation to initiate or conduct any procurement proceedings at or above the prescribed threshold appoint another procuring entity so authorised to conduct such procurement on behalf of the first mentioned entity. 16 Duties of accounting officers and other persons to comply with Act (1) If an accounting officer is directed by(a) a Minister or Deputy Minister; or (b) any other person with authority over the accounting officer; to do or omit to do anything in respect of procurement which the accounting officer believes he or she is not authorised to do in terms of this Act, he or she shall not comply with the direction but instead shall forthwith submit in writing to the Minister, Deputy Minister or other person in authority. as the case may be. his or her objections and the reasons for the objection. (2) If after receiving an accounting officer's objections and reasons under subsection (1), the Minister, Deputy Minister or other person instructs the accounting officer, in writing, to comply with the direction concerned, the accounting officer shall comply with the instruction and shall immediately submit a written report thereon(a) to the Minister responsible for administering this Act; and (b) to the Auditor-General; and (c) where he or she is the accounting officer of a Ministry or department of government, to the Accountant-General; and (d) where the instruction was given by a Minister or Deputy Minister, to the Secretary to the Cabinet: Provided that, if the Minister, Deputy Minister or other person fails or refuses to put the instruction in writing, the accounting officer shall not comply with it and, notwithstanding any term or condition of his or her employment. shall not be liable to any penalty for such non-compliance. (3) Subsections (1) and (2) shall apply, with any necessary changes, where an officer, employee or agent of a procuring entity, other than an accounting officer, is directed by a Minister or Deputy Minister or any other person with authority over him or her to do or not to do anything in respect of procurement or the disposal of a public asset which he or she believes he or she is not authorised to do in terms of this Act. 54

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