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.
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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.
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