Public Procurement Act 2013
PUBLIC PROCUREMENT ACT 2013
Public Procurement Act 2013 Section 1
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PUBLIC PROCUREMENT ACT 2013
Arrangement of Sections
Section
PART 1 PRELIMINARY 4
1 Short Title .............................................................................................................. 4
2 Commencement ..................................................................................................... 4
3 Interpretation.......................................................................................................... 4
4 Scope of application............................................................................................... 5
5 Responsibility ........................................................................................................ 6
6 This Act shall bind the Crown ............................................................................... 6
7 Purpose................................................................................................................... 6
PART 2 INSTITUTIONAL ARRANGEMENTS 6
8 Procurement Monitoring and Oversight ................................................................ 6
9 Procurement Review Committee ........................................................................... 7
10 Central Procurement Unit ...................................................................................... 7
11 Procurement Officer .............................................................................................. 7
12 Review Panels........................................................................................................ 7
13 Leadership.............................................................................................................. 7
PART 3 RECORDS AND PUBLIC DISCLOSURE 8
14 Documentary record of procurement ..................................................................... 8
15 Public disclosure of procurement........................................................................... 8
PART 4 OFFENCES AND THE RIGHT TO CHALLENGE 8
16 Offences and Penalties ........................................................................................... 8
17 Right to challenge .................................................................................................. 8
PART 5 REGULATIONS AND FORMS 9
18 Regulations ............................................................................................................ 9
19 Forms ..................................................................................................................... 9
Section 1 Public Procurement Act 2013
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PUBLIC PROCUREMENT ACT 2013
AN ACT TO PROVIDE FOR THE POWERS AND RESPONSIBILITIES OF
OFFICERS OF THE GOVERNMENT OF TUVALU IN UNDERTAKING
PUBLIC PROCUREMENT
Commencement [ 31
st
January, 2014]
PART 1 PRELIMINARY
1 Short Title
This Act may be cited as the Public Procurement Act 2013.
2 Commencement
This Act shall come into force on such date as the Minister by notice appoints.
3 Interpretation
In this Act, unless the context otherwise requires:
“Act” means the Public Procurement Act 2013.
“Central Procurement Unit” means the unit established under section 10 of
the Act.
“consultant” means an individual or firm or consortium of firms or joint
venture of firms that provides consulting services.
“consulting services” means services of an intellectual and advisory nature
provided by a consultant.
“contractor” means a potential party or party to a contract with a Ministry for
the construction of buildings, physical infrastructure and other works of a civil
engineering nature.
“corrupt practices” are defined in section 367 of the Penal Code.
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Public Procurement Act 2013 Section 4
“forms” means templates that have been prepared as standard documents for
use by procuring entities during procurement proceedings.
“major procurement” means procurement estimated to cost in excess of the
threshold prescribed in the Regulations.
“Minister” means the minister responsible for finance.
“minor procurement” means procurement estimated to cost not more than
the threshold prescribed in the Regulations.
“non-consulting services” means services other than consulting services that
are contracted on the basis of a measurable physical output.
“procurement” means the acquisition of goods, works and non-consulting
services and the recruitment of consulting services.
“procurement proposal” means a written application by a procuring entity to
commence a procurement proceeding.
“Procurement Review Committee” means the committee established under
section 9 of the Act to consider the recommendations of the Central
Procurement Unit on major procurement proceedings.
“procuring entity” means for major procurement the Central Procurement
Unit and for minor procurement the ministry that undertakes the procurement.
“public officer” means a person employed in the public service of Tuvalu and
any person serving under the Crown.
“public procurement” means procurement funded by public funds.
“Regulations” means the regulations promulgated by the Minister under
section 18 of the Act.
“supplier” means a potential party or party to a contract for the supply of
goods or non-consulting services to a public body.
4 Scope of application
(1) The Act shall apply to all procurement carried out by the Government. A
contract awarded after a procurement proceeding during which there has been
serious and wilful breach of the provisions of this Act shall not be binding
upon the Government.
(2) Where any provision of this Act conflicts with the procurement rules or
guidelines of an overseas Government, international organisation or
commercial undertaking, the application of which is mandatory pursuant to an
obligation entered into by Tuvalu under any treaty or other form of
agreement, those rules shall prevail but in all other respects, procurement shall
be governed by the provisions of this Act.
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Section 5 Public Procurement Act 2013
5 Responsibility
The Minister is responsible for the Act.
6 This Act shall bind the Crown
This Act shall bind the Crown.
7 Purpose
The purpose of this Act is to regulate public procurement in order to:
(a) maximize economy and efficiency;
(b) achieve transparency in procurement proceedings;
(c) promote competition among suppliers, contractors, consultants and
non-consulting service providers;
(d) provide for fair, equal and equitable treatment of all suppliers,
contractors, consultants and non-consulting service providers seeking to
obtain contracts with the Government; and
(e) promote public confidence in the integrity and fairness of procurement
proceedings.
PART 2 INSTITUTIONAL ARRANGEMENTS
8 Procurement Monitoring and Oversight
(1) The Tuvalu National Audit Office shall provide monitoring and oversight of
all procurement by:
(a) reviewing samples of recent and ongoing procurement proceedings in
all procuring entities and determining whether the proceedings comply
with the provisions of this Act;
(b) reporting its findings on sample reviews to the Minister on a case by
case basis; and
(c) reporting to Parliament annually on its findings during the previous
twelve months, including recommendations for follow up action by the
Minister where appropriate.
(2) After consideration of the reports from the Tuvalu National Audit Office, the
Minister shall instruct the Central Procurement Unit to take further action as
appropriate.
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Public Procurement Act 2013 Section 9
9 Procurement Review Committee
(1) There is hereby established a Procurement Review Committee, which has the
purposes of reviewing and approving all major procurement.
(2) The composition of the Procurement Review Committee shall be determined
by the Minister in the Regulations.
10 Central Procurement Unit
(1) There is hereby established within the ministry responsible for finance a
Central Procurement Unit, which has the purposes of developing public
procurement policy, carrying out all major procurement and other functions as
prescribed by Regulation.
(2) The Central Procurement Unit shall have such structure and organisation as
the Minister may determine necessary for the efficient performance of its
functions.
11 Procurement Officer
The Minister shall designate staff from each ministry as Procurement Officers, who
shall be responsible for undertaking all minor procurement for that ministry as
defined in the Regulations. The Procurement Officer shall also be responsible for
other duties as prescribed in the Regulations.
12 Review Panels
The Procurement Review Committee shall establish a list of specialists from which
shall be formed a number of Review Panels in the manner set forth in the
Regulations for the purpose of reviewing complaints with respect to any breach by a
procuring entity of its obligations under this Act.
13 Leadership
Staff of the Central Procurement Unit, Procurement Officers and members of the
Procurement Review Committee are hereby declared Leaders under the Leadership
Code Act 2006.
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Section 14 Public Procurement Act 2013
PART 3 RECORDS AND PUBLIC DISCLOSURE
14 Documentary record of procurement
The procuring entity shall maintain a record of all procurement in the manner set
forth in the Regulations.
15 Public disclosure of procurement
The procuring entity shall publish the outcome of procurement proceedings within
one week of the award of a contract for each proceeding, or within one week of
cancellation of a proceeding.
PART 4 OFFENCES AND THE RIGHT TO CHALLENGE
16 Offences and Penalties
(1) All public officers and staff and agents of bidders, potential bidders, suppliers,
contractors, non-consulting service providers and consultants shall observe
the highest standard of ethics during procurement proceedings and the
implementation and management of contracts awarded therefrom.
(2) Any public officer who wilfully engages in corrupt practices in relation to a
procurement proceeding shall be prosecuted under Part X and section 367 of
the Penal Code and in addition to any penalty provided under the Penal Code
shall upon conviction be liable to a fine of $10,000.
17 Right to challenge
(1) Any party to a procurement proceeding who is aggrieved by a decision or
action of the procuring entity may challenge the decision or action concerned.
Challenge proceedings may be made by way of a written application for
reconsideration to the procuring entity or a written application to the Minister
for review by a Review Panel.
(2) The time limits for challenging decisions or actions and the consequences of
challenge proceedings on a procurement proceeding will be decided by the
Minister through the Regulations.
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Public Procurement Act 2013 Section 18
PART 5 REGULATIONS AND FORMS
18 Regulations
(1) The Minister shall issue Regulations to implement the provisions of this Act.
(2) The Regulations shall provide for:
(a) annual procurement planning linked to budget preparation and
approval;
(b) defining activities that are, or are not, procurement for the purpose of
this Act;
(c) methods and procedures for the procurement of goods, works,
consultants and non-consulting services to be applied by procuring
entities during procurement proceedings;
(d) thresholds to determine which method of procurement shall be used by
procuring entities;
(e) procedures for the exceptional waiver of competitive bidding; and
(f) other matters as the Minister may decide.
(3) The Minister may, on the advice of the Central Procurement Unit, amend
methods of procurement and thresholds from time to time.
19 Forms
(1) The Minister may cause to be prepared and issued standard Forms for use as
templates by procuring entities during procurement proceedings. Forms may
comprise:
(a) procurement plan;
(b) procurement proposal;
(c) advertisements, invitations for expressions of interest, invitations for
bids and requests for proposals;
(d) standard bidding and proposal documents;
(e) model templates for bid and proposal evaluation and reporting;
(f) forms of contract; and
(g) other forms as the Minister may decide.
(2) The Minister may, on the advice of the Central Procurement Unit, amend the
Forms from time to time.
