actshort title. no. 1 2016 sierra leone the public procurement act, 2016. being an act to make...

THE PUBLIC PROCUREMENT ACT, 2016ARRANGEMENT OF SECTIONS

Section.PART 1–PRELIMINARY

1. Application.2. Interpretation.

PART II – ESTABLISHMENT AND FUNCTIONS OF NATIONAL PUBLICPROCUREMENT AUTHORITY

3. Continuance of National Public Procurement Authority.4. Board of Authority.5. Tenure of members of Board.6. Functions of Board.7. Remuneration of Members.8. Filling of Vacancies.9. Meetings of Board.

10. Disclosure of Interest.11. Powers of Board.12. Secretariat of Authority.13. Annual report of Authority.14. Functions of Authority.15. Power to obtain Information.16. Confidentiality and prohibition of disclosure of Information.

PART III – PROCUREMENT COMMITTEES AND PROCUREMENT UNITS17. Procurement staff to be trained.18. Procurement Committees.19. Procurement Units.20. Independent Procurement Review Panel.

PART IV – GENERAL PROVISIONS ON PROCUREMENT PROCESSES21. Qualification of bidders.22. Clarification and modification of bidding and prequalification documents.23. Rules for description of goods, works and services.24. Deadline for bids and other applications.25. Cancellation of processes for rejection of all bids.26. Public notice of contract awards.27. Debriefing of unsuccessful bidders.28. Forms of communication.29. Procurement planning.30. Contract administration responsibility.31. Price adjustment.32. Records and reports of procurement processes.

33. Conduct of public officials.34. Conduct of bidders and suppliers.35. Debarment of bidders and suppliers.36. Margin of preference.

PART V – METHODS OF PROCUREMENT37. Choice of procurement method.38. Open competitive bidding.39. National competitive bidding.40. International competitive bidding.41. Restricted bidding.42. Procedures for restricted bidding.43. Request for proposals.44. Request for quotations.45. Basic procedures for request for quotations.46. Sole-source.47. Basic procedures for sole-source procurement.

PART VI – BIDDING PRCEDURES48. Invitation to bid.49. Bidding documents.50. Submission of bids.51. Bid security.52. Bid opening.53. Examination, evaluation and comparison of bids.54. Non-disclosure of bid evaluation details.55. Prohibition of negotiations.56. Award of contract.57. Acceptance of bid and signature of contract.58. Two-stage bidding.59. Request for consultant’s services.60. Selection based on quality and cost.61. Selection based on quality.62. Contract award.

PART VII – COMPLAINTS PROCEDURE63. Right to review.64. Review by head of procuring entity.65. Review by Independent Procurement Review Panel.

PART VIII – DISPOSAL OF STORES AND EQUIPMENT66. Authority to dispose.67. Disposal procedures.

PART IX – MISCELLANEOUS68. Regulations.69. Repeal.

S C H E D U L E

iiACTSupplement to the Sierra Leone Gazette Vol. CXLVII, No. 10

dated 25th February, 2016

Short title.

No. 1 2016

Sierra Leone

The Public Procurement Act, 2016.

Being an Act to make provision for the continuance inexistence of the National Public Procurement Authority, to furtherregulate and harmonise public procurement processes in the publicservice, to decentralize public procurement to procuring entities, topromote economic development, including capacity building in thefield of public procurement by ensuring value for money in publicexpenditures and the participation in public procurement by qualifiedsuppliers, contractors, consultants and other qualified providers ofgoods, works and services and to provide for other related matters.

[ ]

ENACTED by the President and Members of Parliament in thispresent Parliament assembled.

Date of com-mencement.

SIGNED this 11th day of February, 2016.

DR. ERNEST BAI KOROMA,President.

LS

No. 1 Public Procurement Act 2016No. 1 Public Procurement Act 2016

PART I – PRELIMINARY

1. (1) This Act shall apply to the procurement of goods, worksand services, including any procurement financed in whole or in partfrom public or donor funds by the following bodies or organizations-

(a) Government Ministries, departments andagencies;

(b) local councils;

(c) sub-vented agencies;

(d) state-owned enterprises which utilise publicfunds;

(e) universities, colleges, hospitals, companiesand other institutions which are whollyowned by the State or in which the State hasat least 25% interest; and

(f) any entity in the private sector which is giventhe responsibility for carrying out activitiesusing public funds.

(2) Where this Act conflicts with the procurement rulesof a donor or funding agency, the application of which is mandatorypursuant to or under an obligation entered into by the Governmentof Sierra Leone, the rules of the donor or funding agency shall prevail;but in all other respects, procurement shall be governed by this Act.

(3) Where the Minister responsible for defence ornational security, with the approval of the Defence Council,determines that a procurement related to national defence or nationalsecurity requires the application of special measures, the applicationof the rules and procedures set out in this Act may be modified by theNational Public Procurement Authority, but the modification shall begoverned only by defence or national security considerations.

(4) For the purposes of subsection (3), procurement ofitems such as general stores, uniforms, stationery, office equipmentand standard vehicles shall not be classified as national defence ornational security procurement.

(5) In implementing this Act, including the compositionof boards, committees and other organs provided therein, regardshall be had to compliance with the Government’s policy of promotingthe appointment and full participation of women.

2. In this Act, unless the context otherwise requires–

“Authority” means the National Public ProcurementAuthority referred to in section 3;

“bid” means, a proposal or quotation submitted by abidder in response to an invitation by a procuringentityaccording to the type of procurement methodbeing used, ;

“bid security” means the bank guarantee or other formof security submitted by a bidder together with a bidto secure the obligations of the bidder participatingin a bidding proceeding, including the obligation tosign a procurement contract if the bid is accepted, inaccordance with the requirements of this Act andthe bidding documents;

“Board” means the Board of the Authority;

“collusive practices” means a scheme or arrangementbetween two or more parties with or without theknowledge of the procuring entity, designed toestablish prices at artificial, noncompetitive levels;

“consultant” means the provider of intellectualservices, including consultants’ services;

“contract” means an agreement between a procuringentity and supplier, contractor or consultant resultingfrom procurement processes;

2 3

Application.

Interpretation.


“contractor” means a natural or legal person undercontract with a procuring entity to be a provider ofcivil works;

“corrupt practice” means, corrupt practice as definedin the Anti-Corruption Act;

“employer” means the contracting party benefitingfrom a works contract (usually the procuring entity);

“force account” means the conduct of procurementproceedings by any procuring entity with self-supervision, utilising the entity’s own resources;

“fraudulent practice” means a misrepresentation oromission of facts in order to influence a selectionprocess or the execution of a contract;

“goods” means objects of every kind and description,including commodities, raw materials, products andequipment, and objects in solid, liquid or gaseousform, and electricity, as well as services incidental tothe supply of the goods, if the value of thoseincidental services does not exceed that of the goodsthemselves;

“head of procuring entity” means the chief executiveofficer of the entity such as the Minister of a Ministryor the overall head of a procuring entity;

“Independent Procurement Review Panel” means theIndependent Procurement Review Panel establishedby section 20 for the purpose of conductingindependent administrative review of challengesto award decisions and complaints arising under thisAct;

“interest” means, any Government Stake, Share,Portion, Claims investment, stock or equity in anyinstitution;

4 5

“intellectual services” means any activity of anintellectual nature that does not lead to a measurablephysical output;

“performance security” means the bank guarantee orother form of security submitted by the supplier,contractor or consultant to secure their obligationsunder the procurement contract, in accordance withthe requirements in the bidding documents;

“member” means a member of the Board;

“Minister” means the Minister responsible for finance:

“procurement” means the acquisition by anycontractual means of goods, works, intellectualservices or other services;

“procurement committee” means the group within theprocuring entity, comprising officials within andoutside of the entity, referred to in section 18;

“procuring entity” means any organ of the State orregional and local authorities as well as statutorybodies, public sector corporations which are majorityowned by the Government, public utilities usingrevenue collected by the sale of public services, aswell as any other natural or legal person to whompublic funds have been allocated for use in publicprocurement;

“procurement unit” means the department formallyestablished within the procuring entity to carry outthe procurement activities of that entity inaccordance with the functions set out in section 19;

“public funds” means any monetary resources of theState budget, or aid and credits under agreementwith foreign donors, or extra-budgetary resourcesof procuring entities, used in public procurement;


“public office” means, public office as defined in theconstitution of Sierra Leone;

“public officer” means,public officer as defined in theConstitution of Sierra Leone;

“regulations” means the regulations issued by theNational Public Procurement Authority to fulfill theobjectives and to carry out the provisions of thisAct;

“services” means any services other than intellectualservices;

“supplier” means a natural or legal person undercontract with a procuring entity to supply goods,construct works or provide intellectual and otherservices;

“vote controller” means Permanent Secretary of aGovernment Ministry, Chief Administrator of a localcouncil, Managing Director or a General Manager,Executive Director or other head of a State-ownedenterprise, or head of a Government department,agency or commission;

“works” means all works associated with theconstruction, reconstruction, demolition, repair orrenovation of a building, structure or works, such assite preparation, excavation, erection, building,installation of equipment or materials, decoration andfinishing, as well as services incidental toconstruction such as drilling, mapping, satellitephotography, seismic investigations and similarservices provided pursuant to the contract, if thevalue of those services does not exceed that of theconstruction itself.

PART II – ESTABLISHMENT AND FUNCTIONS OFNATIONAL PUBLIC PROCUREMENT AUTHORITY

3. (1) Subject to this Act, there is hereby continued inexistence, the body which immediately before the commencement ofthis Act, was known as the National Public Procurement Authority.

(2) The Authority shall be a body corporate havingperpetual succession and capable of acquiring, holding and disposingof any property, whether movable or immovable, and of suing andbeing sued in its corporate name and, subject to this Act, of performingall such acts as bodies corporate may by law perform.

(3) The Authority shall have a common seal, the use ofwhich shall be authenticated by the signatures of –

(a) the Chairman or other member of the Boardauthorised either generally or specially bythe Board in that behalf; and

(b) the Chief Executive or some other personauthorised by the Board in that behalf.

4. (1) The governing body of the Authority shall be a Boardconsisting of–

(a) the Chairman, who shall be a personcompetent and knowledgeable in publicprocurement and the public service;

(b) a representative of the Attorney-General andMinister of Justice and the Chief Executivewho shall be Ex-Officio members.

(c) five persons appointed for their knowledgeand experience in public procurement and thepublic service, of whom two shall representpublic sector interests and three shallrepresent the broad cross-section of theprivate business community and professionalassociations of which two shall be women;

6 7

Continuanceof NationalPublic Pro-curementAuthority.

Board ofAuthority.


(2) The Chairman and members refered to underparagraph (c) of sunsection (1) shall be appointed, appointed by thePresident and subject to the approval of Parliament.

5. (1) The Chairman and other members of the Board referedto in paragraph (c) of subsection (1) of section 4 shall hold office fora term of three years and shall be eligible for reappointment for anotherterm of three years.

(2) A person shall cease to be a member of the Board onany of the following grounds–

(a) for his inability to perform the functions ofhis office by reason of infirmity of mind orbody;

(b) for proven misconduct;

(c) if he becomes bankrupt or insolvent;

(d) if he is convicted of an offence involvingfraud or dishonesty;

(e) if he fails to attend three consecutivemeetings of the Board without reasonablecause;

(f) if he resigns his office by written notice tothe Minister.

(g) after serving two terms.

6. (1) Subject to this Act, the Board shall have the controland supervision of the Authority.

(2) It shall also be the responsibility of the Board toprovide policy guidance and advicethat will secure the efficientimplementation of the functions of the Authority and enhance theoverall performance of the Authority.

7. The Chairman and the other members of the Board and anyperson co-opted by the Board under subsection (5) of section 9shall be paid such remuneration, fees and allowances as the Boardmay determine, with the approval of the Minister.

8. (1) Where the Chairman or a member of the Board dies,resigns, is removed from office or is absent from Sierra Leone for acontinuous period exceeding three months or is by reason of illnessunable to perform the functions of his office–

(a) the members of the Board shall, as the casemay be elect one of their number to act asChairman until such time as the Chairmanresumes his office or another is appointed inhis stead; and

(b) subject to this Act another member shall beappointed.

(2) Where a person is elected as Chairman or appointedas a member to fill a vacancy, he shall hold office for the remainder ofthe term of the previous Chairman or member, as and shall, subject tothisAct, be eligible for re-appointment.

9. (1) The Board shall hold its first meeting on such dateand at such place as the Minister, after consultation with the Board,may determine; and thereafter, the Board shall meet for the dispatchof business at such time and place as the Chairman may decide butshall meet at least once every month.

(2) At any meeting of the Board where he is present, theChairman shall preside and, in his absence, the members present mayelect one of their number to preside.

(3) The quorum at a meeting of the Board shall be four,including the Chief Executive.

8 9

Remunerationof members.

Tenure ofmembers ofBoard.

Functions ofBoard.

Filling ofvacancies.

Meetings ofBoard.


(4) Each member including the Chief Executive shall haveone vote but in the case of an equality of votes, the Chairman shallhave a casting vote.

(5) The Board may at any time co-opt any person toprovide special or additional technical knowledge or advice otherwiseassist the Board at any of its meetings but the person co-opted shallnot vote on any matter for decision by the Board.

(6) All acts, matters or things authorised or required tobe done by the Board shall be decided at a meeting where a quorumis present and the decision is supported by the votes of at least fourmembers, including the Chairman.

(7) Any proposal circulated among all members andagreed to in writing by a two-thirds majority of all members shall be ofthe same force or effect as a decision made at a duly constitutedmeeting of the Board and shall be incorporated in the minutes of thenext succeeding meeting of the Board:

Provided that, if a member requires that such proposal be placedbefore a meeting of the Board, this subsection shall not apply tosuch proposal.

(8) The Board shall cause minutes of all its meetings tobe taken by the Secretary to the Board and signed by the Chairmanand kept in the proper form as a public document.

(9) Subject to this Act, the Board shall regulate itsmeetings and procedure as it thinks fit.

10. A member of the Board who has any interest, direct orindirect, in any matter to be considered by the Board, shall disclosethe nature of his interest to the Board in such form as the Authoritymay prescribe and shall also be recorded in the minutes of the Boardand such member shall not take part in any deliberation or decisionof the Board relating to that matter; and a member who contravenesthis section shall be guilty of misconduct and liable to be removedfrom the Board.

11. In the discharge of its functions under this Act, the Boardmay –

(a) direct the Chief Executive to furnish it withany information, reports or other documentswhich the Board considers necessary for theperformance of its functions;

(b) give instructions to the Chief Executive inconnection with the management andperformance of the functions of the Authority.

(c) on the recommendation of the ChiefExecutive, approve such organisationalstructures as the Chief Executive mayconsider necessary for the discharge of thefunctions of the Authority.

12. (1) The Authority shall have a Secretariat which shallprovide administrative, secretarial and other support for the Authorityand shall have structures and organisation as the Authority mayconsider necessary for the efficient performance of its functions.

(2) The Secretariat shall be headed by the Chief Executivewho shall be assisted by a Deputy both of whom shall be appointedby the President subject to the approval of Parliament.

(3) In addition to the Chief Executive, the Secretariat shallhave such other staff as are required for the efficient performance ofthe functions of the Authority.

(4) As head of the Secretariat, the Chief Executive shallbe responsible to the Authority for–

(a) the day-to-day management of the affairs ofthe Authority

10 11

Powers ofBoard.

Disclosure ofinterest.

Secretariat ofAuthority.


(b) the administration, organization and controlof the other staff of the Authority;

(c) the management of the funds and otherproperty of the Authority;

(d) the performance of such other functions asthe Authority may determine.

(5) The other staff of the Authority, shall be appointedby the Board upon such terms and conditions as shall be determinedby the Board.

(6) The activities of the Authority shall be financed by afund consisting of–

(a) moneys appropriated for the purposes of theAuthority by Parliament;

(b) grants made to the Authority by any agencyor authority.

(c) retention from fines.

(7) The Authority shall keep proper books of accounts andproper records in relation thereto and such accounts, books andrecords shall be in the form approved by the Auditor-General.

(8) The financial year of the Authority shall be the same as thefinancial year of the Government.

(9) The books and accounts of the Authority shall each year beaudited by the Auditor-General or by an auditor appointed orauthorized by the Auditor-General, who shall submit a report on eachaudit to the Authority.

13. (1) The Chief Executive shall, within three months afterthe end of each financial year, submit for the approval of the Board anannual report of the activities, operations, undertakings, propertyand finances of the Authority for that year.

(2) Subject to subsection (1), an annual report shallinclude a copy of the audited accounts of the Authority with theaudit report thereon.

(3) A copy of the annual report approved by the Boardshall be sent to the Minister not later than six months after the end ofthe year to which the report relates and the Minister shall as soon aspossible, but not later than one month of the receipt thereof, lay thereport before Parliament.

14. (1) The object for which the Authority is established isto regulate and monitor public procurement in Sierra Leone and toadvise the Government on issues relating to public procurement.

(2) Without prejudice to the generality of subsection (1),it shall be the responsibility of the Authority to–

(a) formulate policies and standards on publicprocurement and to ensure compliancetherewith by all parties to procurementcontracts;

(b) assess the operations of the publicprocurement processes and submit proposalsfor the improvement of the processes,including the introduction of information andcommunications technology, and thedevelopment of modalities for appropriatecollaboration among procuring entities;

(c) ensure capacity building and human resourcedevelopment for public procurement,including development, promoting andsupporting training and professionaldevelopment of persons engaged in publicprocurement;

12 13

Annualreports ofAuthority.

Functions ofAuthority.


(d) develop and recommend to heads ofprocuring entities a career development andmanagement programme, and a system forselection, appointment and termination ofappointment of procurement officers;

(e) disseminate information about, and promoteawareness of the public procurementsystem;

(f) issue standard forms of contract andstandard bidding documents for mandatoryuse by all procuring entities;

(g) provide interpretation of this Act and otherinstructions governing the procurementprocess;

(h) plan and coordinate technical assistance inthe field of public procurement;

(i) publish a quarterly Public ProcurementBulletin which shall contain information onpublic procurement, including approvedprocurement plans, proposed procurementnotices, and notices of invitation to bid andcontract award information;

(j) publish in the Public Procurement Bulletin orin the Gazette or newspaper with wide nationalcirculation or the electronic media, a databaseof suppliers, contractors and consultants,and records of prices to assist in the work ofprocuring entities;

(k) on its own motion or based on reports by aprocuring entity or the Panel, or interestedparties, investigate and suspend from

procurement practice under this Act,suppliers, contractors and consultants whohave neglected their obligations under aprocurement contract, or provided falseinformation about their qualifications,contravened tax regulations, or offeredinducements referred to in this Act.

(l) maintain and issue on a regular basis to allprocuring entities a list of suspendedsuppliers, contractors and consultants;

(m) prepare an annual report on the overallfunctioning of the public procurementsystem, including a profile of procurementactivities, to be presented to Cabinet andtabled before Parliament through the Ministerof Finance;

(n) share information and cooperate with otherarms of Government to facilitate theimplementation of Government policies;

(o) conduct, at least annually, a procurementforum bringing together public sector, privatesector, civil society and development partnersto address issues related to publicprocurement;

(p) pursuant to its monitoring function theAuthority shall institute–

(i) procurement review during the tenderpreparatory and unto the evaluationprocess;

(ii) contract reviews in the course ofexecution of an awarded tender; and

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No. 1 Public Procurement Act 2016No. 1 Public Procurement Act 201616 17

(iii) Performance reviews after thecompletion of the contract in respect ofany procurement as may be required.

(q) perform such other functions as are incidentalor conducive to the attainment of the objectstated in subsection (1).

(3) Subject to sections 41, 42, 43, 44, 45, and 46 of thisAct, the Authority may endorse and give approval for the use by aprocurement committee, of a procurement method or methods, otherthan competitive bidding, where the procurement requirement of theprocuring entity, in the opinion of the Authority, merits suchendorsement and approval.

(4) Nothing in the functions of the Authority undersubsections (1) , (2) and (3) shall be construed to include the powerto participate in the award of any specific procurement contract.

(5) In the performance of its functions under this Act theAuthority shall not be subject to the direction or control of anyperson or authority.

(6) Notwithstanding anything to the contrary in any otherlaw, the Authority shall, after conducting an investigation and isreasonably satisfied that there is a breach of this Act or any regulationmade under it–

(a) direct the procuring entity to take suchactions as are necessary to rectify thecontravention; or

(b) terminate the procurement processes.

(7) The Authority shall prior to making a decision, underparagraph (b) of subsection (6), give the procuring entity and anyother person whom it believes that his legal right may be adverselyaffected by the decision an opportunity to make representations.

(8) The Authority shall, where it finds persistent orserious breach of this Act or regulations or guidelines made under it,recommend to the competent authority–

(a) the suspension of funds disbursements toany procurement financed by specific publicfunds where a breach has been establishedto entities;

(b) the disciplining of the accounting officer,chairman or member of the procurementcommittee or any other officer concerned withthe procurement process in issue.

(9) The Authority shall incur no liability towards theprocuring entity or any other person or body interested in the tenderunder review or investigation by virtue of properly invoking its powersunder this section.

15. (1) The Authority shall have powers, in performing itsfunctions under this Act to–

(a) require any party to a procurement contractby notice in writing to furnish in such formand manner and within such time as may bespecified in the notice, periodical or otherinformation, estimates or returns concerningsuch contract or such other matters as maybe specified in that notice;

(b) interview any party to a procurement contractand require him to furnish such particularsas the Authority may require;

(c) require a party to a procurement contract bynotice in writing to complete a form containedin the notice with particulars relating to thecontract or such other matter specified inthe notice and to return it in the manner andwithin the time specified therein.

Power toobtaininformation.


(2) A notice referred to in subsection (1) –

(a) may be served by delivering it to the party towhom it is addressed or by sending it byregistered post, fax or e-mail to his last knownaddress by thee (3) publication in a widelyread news paper;

(b) shall state that it is served in exercise of thepowers conferred by this section and shallinclude a general statement of the purposefor which the information, estimates, returnsor particulars are required.

(3) When a requirement to furnish information, estimates,returns or particulars under this Act is made, the information, estimates,returns or particulars shall be furnished by the party concerned or aperson specifically authorised for the purpose by that party.

(4) Subject to this section, every party to a procurementcontract shall, to the best of his knowledge and belief, answer whenso required, all questions put to him orally or in writing by the ChiefExecutive or an officer of the Authority authorised in that behalf, notlater than the date specified in the notice.

(5) A party to a procurement contract who–

(a) fails to answer a question put to him asrequired under this Act or furnishes ananswer to such a question which is false ormisleading in any material respect, knowingthe answer to be false or misleading; or

(b) wilfully obstructs the Chief Executive or anyofficer or employee of the Authority in theperformance of any of its functions underthis Act,

commits an offence and shall be liable on conviction to a fine notless than Ten million Leones, or to imprisonment for a term not lessthan twelve months or to both such fine and imprisonment.

16. (1) Notwithstanding any law to the contrary, no return orother commercially sensitive information collected by the Authorityunder section 15 shall, subject to subsection (2), be disclosed to anyperson.

(2) The return or other information referred to insubsection (1) may, subject to the directions of the Chief Executive,be disclosed–

(a) to any person if required for the performanceof that person’s functions under this Act;

(b) if required by any law or as evidence in anycourt of law.

(3) Any officer of the Authority who in the course of hisemployment under this Act–

(a) wilfully discloses any classified informationor data attained in the cause of suchemployment to a person not authorised toreceive that information.

(b) uses information obtained in the course ofsuch employment for the purpose ofspeculating in any stock, bond or othersecurity or any goods or services, before itsrelease is authorised by the Chief Executive;or

(c) otherwise contravenes this section,

commits an offence and shall be liable on conviction to a fine notless than Ten million Leones or to imprisonment for a term not lessthan twelve months or to both such fine and imprisonment.

Confidentialityand prohi-bition ofdisclosure ofinformation.

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PART III – PROCUREMENT COMMITTEES ANDPROCUREMENT UNITS

17. (1) Procurement-related functions shall be carried out byprocurement persons trained and knowledgeable in accordance withthe guidelines and qualification requirements established by theAuthority.

(2) Subject to this Act, the procuring entity, including itsconcerned officials, shall be responsible for procurement with thefunds at its disposal.

(3) The procuring entity shall not commence aprocurement activity for which funds are not available or for whichthe Ministry or supervising authority has not issued a writtenconfirmation of budgetary allocation that the required funds shallbe made available in a timely manner and in the amount required

18. (1) A procurement committee shall be established in everyprocuring entity.

(2) The procurement committee shall be appointed bythe head of the procuring entity and its composition shall be inaccordance with subsection (9).

(3) A procuring entity shall be responsible, and votecontrollers and other officials concerned accountable, for publicprocurement in accordance with this Act and any other enactmentswhich may be applicable.

(4) The head of a procuring entity shall appoint a staffmember of the entity to act as secretary to the procurement committee,if the entity does not have a procurement unit.

(5) The secretary to the procurement committee shall takeminutes of meetings of the procurement committee and maintain a fileof all matters considered by the procurement committee.

(6) A procurement committee may delegate to aprocurement unit, authority to make contract award decisions, subjectto such decisions being subsequently reported to and recorded inthe minutes of the procurement committee.

(7) Delegation of the authority shall be expressed in termsof estimated maximum contract values, which may differ according towhether the contract is for procurement of goods, works or services.

(8) A procurement committee shall make necessaryarrangements to ensure that timely information on the execution andconclusion of contracts by a department or division of a procuringentity, as well as on supplier, contractor or consultant performance isreported to the procurement committee.

(9) A procurement committee shall consist of thefollowing five members:–

(a) the vote controller, who shall act as theChairman;

(b) one senior official of the entity;

(c) the head of finance, accounts or any budgetprofessional;

(d) the head of the procurement unit, who shallalso be secretary to the committee;

(e) a representative of the concerned end-userdepartment, who shall be a rotating member.

(10) Additional rotating members may be drawn to providenecessary technical legal and business expertise to the procurementcommittee.

(11) The quorum for a meeting of a procurement committeeshall be three, comprising the Chairman and at least two other membersreferred to in subsection (9).

Procurementcommittees.

Procurementstaff to betrained.

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(12) Procurement committees may appoint technicalevaluation committees and advisers to assist the procurement unit inbid opening procedures, bid evaluation and making recommendationsfor award.

(13) The functions of a procurement committee shallinclude–

(a) verification and approval of properprocurement planning and preparation ofprocurement processes carried out by theprocurement unit;

(b) consideration and approval of the draftadvertisements and other bidding documentsprepared by the procurement unit;

(c) review and approval of evaluation reports andcontract award recommendations, in casesof procurement beyond the authorised limitsof the respective procurement unit;

(d) rejection of unsuccessful bids;

(e) approval of contracts with a value above theauthorised limits of the respective pro-curement unit;

(f) approval of applications for contractmodifications in the following cases–

(i) where the original contract award wassubject to procurement committeeapproval;

(ii) where the value of the modificationexceeds the authorised limits applicableto the procurement unit;

(iii) where the contract modification wouldcause the total contract value to exceedthe authorised limits applicable to theprocurement unit;

(g) reporting of procurement activities to theAuthority;

(h) submitting annually updated databases ofsuppliers, contractors and consultants, andrecords of prices of the Authority forpublication; and

(i) such other functions as may be conferredby any other enactment.

(14) Procurement committees may, upon approval by theAuthority, establish subsidiary procurement committees in districtoffices of the procuring entity.

19. (1) A procurement unit shall be established in eachprocuring entity, staffed with persons trained and knowledgeable inprocurement and charged with carrying out, on a continuous basis,functions related to procurement.

(2) Procuring entities shall ensure that the procurementunits referred to in subsection (1) are established and provided withadequate staffing and resources.

(3) The functions of procurement units shall include–

(a) planning of procurement;

(b) preparation of invitations to bid and ofbidding documents;

(c) publication and distribution of invitations tobid;

Procurementunits.

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(d) receiving and safeguarding of bids;

(e) conducting bid opening procedures;

(f) evaluation of bids, including management ofnecessary technical evaluation committeesand advisers to properly evaluate the bids;

(g) performance of secretarial services for therespective procurement committee;

(h) administering the implementation andmonitoring of contracts, to the extent that isnot carried out by end-user departments;

(i) assessment of the quality of the procuredgoods, works and services;

(j) sourcing and profiling of all suppliers,contractors and consultants, and themaintenance of a database for that purpose;

(k) such other functions as may be conferred byany other enactment.

(4) Appointment of staff of procurement units shall besubject to continuing professional education requirements certifiedand approved by the Authority.

(5) Procuring entities may establish subsidiaryprocurement units for subdivisions of the procuring entity, whichshall–

(a) be located in the provinces;

(b) have a particularly large or specialisedprocurement workload;

(c) operate in practice as an independent entity;

20. (1) There is hereby established a body to be known asthe Independent Procurement Review Panel, referred to in this Actas “the Panel”, for the purpose of conducting independentadministrative review of challenges to the process of the award ofdecisions and complaints arising out of this Act.

(2) The Panel shall consist of –

(a) a Chairman and two other members appointedby the Minister from among eminent SierraLeoneans with a background in publicprocurement or public private partnership,the business community, university, the legalprofession and other relevant fields;

(b) the Attorney-General and Minister of Justice;and

(c) the Executive Secretary, Sierra Leone Chamberof Commerce, Industry and Agriculture.

(3) The Quorum shall be three members

(4) The members of the panel refered to in paragraph (a)of subsection (12) shall hold office for a term of three years, but maybe re-appointed for a further term of three years only.

(5) Where a person is appointed as a mamber to fill avacancy he shall hold office for the remainder of the term of theprevious member and shall, subjected, to this Act, be eligible forreappointment for another term of three years.

(6) The Panel may engage the services of suchconsultants and advisers, or co-opt persons with specialized expertiseas it may require for the proper and efficient discharge of its functionsand such persons shall not have any voting power in decision making.

(7) The Minister shall appoint a secretary to the panelwho is suitably experienced and trained in the legal discipline tocarry out its administrative work and facilitate the conduct of itsbusiness and the Secretary shall attend all the meetings of the panelbut shall have no voting rights.

IndependentProcurementReview Panel.

24 25


(8) All persons involved in public procurement under thisAct, shall when required to do so by the Secretary provide all necessaryinformation and data.

PART IV – GENERAL PROVISIONS ON PROCUREMENTPROCESSES

21. (1) In order to be awarded a contract, or, if prequalificationprocesses are being held, in order to participate in the procurementprocesses, a bidder must qualify by meeting the criteria set by theprocuring entity, which may include–

(a) professional and technical qualifications;

(b) equipment availability;

(c) past performance;

(d) after sales service;

(e) spare parts availability;

(f) legal capacity;

(g) financial resources and condition;

(h) professional records;

(i) assessment by the National RevenueAuthority to ascertain payment of taxes; and

(j) payment of social security contributions.

(2) The qualification criteria set out under subsection (1)shall be applied by examining, through investigation and collaborationwith other Government agencies, whether the bidder does or doesnot meet the qualification criteria and not by using a point system forcomparing the relative level of qualifications of participating bidders.

(3) The procuring entity shall be entitled to demand frompotential bidders and applicants for prequalification documentationreflecting their qualification data.

(4) Any requirement established pursuant to this sectionshall be set forth in the prequalification documents, if any, and in thebidding documents, and shall apply equally to all bidders withoutdiscrimination; and only those criteria stated in such documents shallbe applied.

(5) A procuring entity may disqualify a bidder if it findsat any time that the information submitted concerning thequalifications of the bidder was materially inaccurate or materiallyincomplete.

(6) In order to identify persons that are qualified, prior tothe invitation of bids, prequalification shall be used for –

(a) procurement of large complex works in whichthe cost of bid preparation is high;

(b) procurement of particularly high value orcomplexity; and

(c) groups of similar items bundled together fora consolidated purchase.

(7) When prequalification processes are held, theprocuring entity shall–

(a) provide to all bidders responding to theinvitation to prequalify, prequalificationdocuments which shall provide bidders withthe information required to enable themprepare and submit their applications forprequalification;

Qualificationof bidders.

26 27


(b) make available to each applicant the resultsof the assessment of qualifications and allapplicants that meet minimum criteria forprequalification shall be invited to bid.

(8) If prequalification processes are not conducted, post-qualification, in which the procuring entity verifies the qualificationsof the bidder selected for award against the criteria stated in the biddocuments, shall be used.

(9) Non-registration with a procurement entity bysuppliers, contractors or consultants shall be a bar to theirparticipation in public procurement unless the circumstances demandand it is expressly stated in the particular bidding document.

22. (1) The procuring entity shall respond within two workingdays to any request by a bidder for clarification of the biddingdocuments, or the prequalification documents, submitted to theprocuring entity within the time specified in the bidding documentsor in the prequalification documents.

(2) Responses to requests for clarification, as well as anymodification or any other clarifications of the bidding documents orof the prequalification documents shall be communicated to all biddersparticipating in the procurement processes without delay, so as toallow bidders an opportunity to take the clarifications or modificationsinto account in preparing their submissions and if necessary to allowbidders to do so, the procuring entity shall extend the deadline forsubmission of bids or applications to prequalify.

23. (1) To the extent possible, any specifications, plans,drawings, designs and requirements or descriptions of goods, worksor services shall be based on the relevant objective technical andquality characteristic, and performance of the goods, works or servicesto be procured; but there shall be no requirement for or reference toa particular brand, trademark, name, patent, design, type, specificorigin or producer unless there is no other sufficiently precise orintelligible way of describing the characteristics of the goods, worksor services to be procured and provided that words such as “orequivalent” are included.

(2) Any descriptions of the technical or qualitycharacteristics of the goods, works or services to be procured, andrequirements as to testing, packaging, marking, labelling, or conformitycertification, or symbols and terminology, that are irrelevant to theperformance of the goods or create obstacles to participation byqualified bidders, and thereby limiting competition, shall not beincluded or used in the prequalification documents, or biddingdocuments.

24. The procuring entity shall set the deadline for submissionof bids, applications for prequalification and expressions of interestso as to allow sufficient time for their preparation and submission,with a view to maximising competition, in accordance with the minimumperiods set in sections 39 and 40.

25. (1) A bid may be rejected only in accordance with thisAct and regulations made under it.

(2) A procuring entity may–(a) reject all bids at any time prior to the

acceptance of a bid;(b) cancel the procurement processes where–

(i) the procurement need has ceased toexist or changed significantly;

(ii) insufficient funding is available for theprocurement;

(iii) there is a significant change in therequired technical details, biddingconditions, conditions of contract orother details, such that the recom-mencement of processes is necessary;

(iv) insufficient, or no responsive bids arereceived;

(v) there is evidence of corruption, fraud,coercion or collusion among bidders;or

(vi) cancellation is deemed to be in theinterest of national security.

Clarificationand modifi-cation ofbidding andprequal-ificationdocuments.

Rules fordescription ofgoods, worksand services.

Deadline forbids and otherapplications.

Cancellationof processesfor rejectionof all bids.

28 29


(3) Before rejecting all bids or cancelling any procurementprocesses, the procurement unit shall prepare a written request forapproval of the cancellation for submission to the procurementcommittee, which shall clearly state–

(a) detailed reasons for recommendingcancellation;

(b) the status of the procurement processes,including in particular, whether bids havealready been opened under bidding methods;and

(c) whether new procurement processes arerecommended and, if so, the modificationsrecommended.

(4) The reason for rejecting all bids, and for cancellingprocurement processes, shall be noted in the record of the procurementprocesses, and promptly communicated to the bidders.

(5) A procuring entity shall not be liable to a bidder byreason only of rejection of all bids or cancellation of procurementprocesses under subsection (2).

(6) If a decision to cancel the procurement processes istaken before the deadline for submission of bids, any bid receivedshall be returned unopened to the bidder.

(7) In the event of cancellation or the rejection of all bidsin accordance with subsection (2), the procurement shall not re-bidto the same specifications and contract conditions unless thecancellation of the initial proceeding is for budgetary or other reasonsunrelated to the specifications and contract conditions, but if theprocurement is to be repeated, the reasons for the cancellation of theinitial proceeding shall be examined and the technical specificationor contract conditions, or both may be suitably modified prior to re-bidding.

26. The procuring entity shall promptly publish in the Gazetteand any newspaper of wide national circulation notice of each contractaward in which the price of the contract exceeds the threshold set inthe First Schedule, indicating the contract price and the name andaddress of the successful bidder.

27. The procuring entity shall soon after a successfulbidder has been identified, inform the unsuccessful bidder(s) of thereason for which their respective bids were unsuccessful.

28. (1) Subject to this Act, documents, notifications,decisions and other communication referred to in this Act to besubmitted by the procuring entity to a bidder or by a bidder to theprocuring entity, shall be in writing

(2) The Authority may authorise procuring entities to useother forms of communication, including electronic communication,for publication of invitations to bid, transmission of biddingdocuments, submission of bids, conclusion of contracts, and paymentbut any such other means of communication shall be such as canpreserve a record of the content of the communication, provide anadequate level of security, and does not unduly restrict bidders’access to the procurement processes and is not inconsistent withthis Act or any regulation made under it.

29. (1) All procuring entities shall undertake procurementplanning, with a view to achieving maximum value for publicexpenditures and the other objects of this Act.

(2) The procurement plan to support the procuringentity’s approved programme and budget shall indicate–

(a) contract packages,

(b) estimated cost of each package,

(c) the procurement method, and

(d) processing steps and times.

(3) A procuring entity shall not divide a procurement orderinto parts or lower the value of a procurement order to avoid theapplication of the procedures for public procurement prescribed inthis Act.

(4) Where a requirement is divided into lots, which mayresult in separate contracts, the selection of procurement methodshall be determined by the estimated total value of all lots.

Public noticeof contractawards.

Debriefing ofunsuccessfulbidders.

Form ofcommuni-cation.

Procurementplanning.

30 31


(5) In accordance with the budget preparation proceduresissued by the Ministry, all procuring entities shall submit their annualprocurement plans for the coming financial year to the Ministry andthe Ministry responsible for local government (for local councils) forreview and approval.

(6) Procuring entities shall, where necessary and on aquarterly basis, review and update their procurement plans and notifythe Ministry and the Ministry responsible for local government (forlocal councils) of any modifications to the approved and updatedplans for publication in accordance with paragraph (i) of subsection(2) of section 14.

30. The procuring entity shall be responsible for theadministration of contracts into which it enters, as well as themonitoring of the performance of such contracts.

31. (1) Price adjustment shall not be permitted unlessprovided for in the procurement contract to take into account changesin economic circumstances.

(2) If the procurement contract provides for the possibilityof price adjustment, it shall stipulate the conditions, such as increasesor decreases in the cost of materials, labour, transportation and energy,in which price adjustment would be permitted; the formulas, andindices to be referred to in order to determine whether economicconditions have altered to a significant enough degree to justify aprice adjustment and to identify the amount of increase or decrease;the frequency with which price adjustments may be implemented;and procedures to be followed.

(3) The procurement contract may provide that, whenthe application of price adjustment leads to a modification exceedinga stipulated percentage of the initial price or a stipulated percentageofthe balance of the contract, the procuring entity may terminate thecontract.

(4) Any price variation shall be subject to approval bythe respective procurement committee.

32. (1) The procuring entity shall preserve all documentationrelating to the procurement processes in accordance with applicablerules concerning archiving of government documentation, but at aminimum for a period of six years following the date of final completionof the procurement contract, or from the date of rejection of all bids orcancellation of the proceeding, as the case may be.

(2) In addition to the documentation referred to insubsection (1), the procuring entity shall prepare and maintain asummary report of the procurement processes, including to the extentapplicable –

(a) a description of the object of theprocurement;

(b) a list of the participating bidders, their profileand qualifications, and the qualificationcriteria applied;

(c) bid prices;

(d) the bid evaluation criteria;(e) a summary of the evaluation of bids;

(f) summary of any review processes anddecisions thereon;

(g) requests for clarifications, and responsesthereto;

(h) statement of grounds for cancellation ofprocurement processes pursuant to section25;

(i) statement of grounds for choice of aprocurement method other than open biddingor request for proposals for services;

(j) statement of grounds for reduction of bidpreparation periods;

(k) information concerning rejection of bids;

(l) such other information as may be requiredby the regulations made under this Act.

Contractadministrationresponsibility.

Priceadjustment.

Records andreports ofprocurementprocesses.

32 33


(3) The portion of the record referred to in paragraphs(a), (b), (c), (d) and (g) of subsection (2) shall, on request, be madeavailable to any person after a bid, proposal, offer or quotation hasbeen accepted or after procurement processes have been terminatedwithout resulting in a procurement contract.

(4) The portion of the record referred to in paragraphs(e), (h) and (i) of subsection (2) shall, on request, be made available tosuppliers, contractors or consultants that submitted bids, proposals,offers or quotations, or applied for pre-qualification, after a bid,proposal, offer or quotation has been accepted or procurementprocesses have been terminated without resulting in a procurementcontract.

(5) The procuring entity shall not disclose–(a) information, if its disclosure will–

(i) be contrary to law,(ii) impede law enforcement,

(iii) not be in the public interest,(iv) prejudice legitimate commercial

interests of the parties, or

(v) inhibit fair competition under this Act;

(b) information relating to the examination,evaluation and comparison of bids,proposals, offers or quotations, other thanthe summary referred to in paragraph (e) ofsubsection (2).

(6) Records and documents maintained by procuringentities on procurement shall be made available for inspection by theAuthority, Anti-Corruption Commission and Auditor-General uponrequest; and where donor funds have been utilised for theprocurement, donor officials shall also have access, upon request, toprocurement files for the purpose of audit and review.

33. (1) Any public officer involved in requisitioning,planning, preparing and conducting procurement processes andadministering the implementation of contracts, shall –

(a) discharge his duties impartially so as toassure fair competitive access to publicprocurement by bidders;

(b) always act in the public interest, and inaccordance with the object and proceduresset out in this Act and regulations made underit.;

(c) at all times avoid conflicts of interest, andthe appearance of conflicts of interest, incarrying out his duties and in all his conduct.

(d) not commit or abet corrupt or fraudulentpractices, coercion or collusion, including thesolicitation or acceptance of anyinducements;

(e) keep confidential the information that comesinto his or her possession relating toprocurement processes and to bids, includingbidders’ proprietary information;

(f) not take up a position of authority in anyprivate concern with which he undertookprocurement activities for a period of threeyears after departure from the procuringentity.

(2) Public officer of a procuring entity, or their closerelatives, shall not participate as bidders in the procurement processesof the procuring entity.

(3) A public officer shall declare his interest, (direct orindirect) in writing and in such form as the Authority may prescribeand excuse himself from any participation in the procurement processin which there has been a declaration.

(4) A public officer shall excuse himself under subsection(3) immediately after he becomes aware of the potential conflict; andthe requirement to excuse himself shall extend to the administrationand management of any procurement contract awarded and suchdeclarations by public officers shall be made to their supervisors andin the case of a committee member to the Chairman or secretary of thecommittee.

Conduct ofpublicofficials.

34 35


(5) All public officers and other persons involved inpublic procurement shall, in accordance with this Act and otherapplicable legislation–

(a) provide full cooperation and disclosure tothe Authority, the National RevenueAuthority, Auditor-General, and otherauthorities exercising monitoring andsupervisory jurisdiction over publicprocurement pursuant to the laws of SierraLeone;

(b) not later than thirty days from assumingresponsibility and thirty days after leavingoffice, make a declaration of their assets andliabilities in such form as the Anti-CorruptionCommission may determine; the declarationshall be updated annually as well aswhenever there is a substantial change inassets and liabilities.

(6) Public officers who contravene this Act or anyregulation made under it shall be liable to applicable administrativeand civil sanctions as well as to prosecution pursuant to applicablecriminal laws, including the Anti-Corruption Act, 2008.

34. (1) Bidders and suppliers shall at all times abide bytheir obligations under this Act, the regulations, contracts, and otherinstruments applicable to their conduct and activities related toprocurement.

(2) A bidder or a supplier, shall not engage in or abetcorrupt or fraudulent practices, including the offering or giving,directly or indirectly, of any inducement, the misrepresentation offacts in order to influence a procurement process or the execution ofa contract, or interference in the ability of competing bidders toparticipate in procurement processes.

(3) Bidders shall not engage in any activity, prior to orafter bid submission, designed to deprive the procuring entity of thebenefits of free and open competition, including, but not restrictedto, collusion over bidding for opportunities and price fixing, andcoercive, corrupt or fraudulent practices.

(4) A procuring entity shall reject a bid if the bidder offers,gives or agrees to give an inducement referred to subsection (2) andpromptly notify the rejection to the bidder concerned, the Authority,and to the relevant law enforcement authorities.

(5) The procuring entity shall not award a contract to abidder who is responsible for preparing the specifications or biddingdocuments for the contract or supervising the execution of a contract,or to any affiliate of such a bidder; but this subsection shall notapply to the various firms (consultants, contractors or suppliers)which together are performing the supplier’s obligations under aturnkey or design and build contract.

(6) Any bidder or supplier who is engaged in anyfraudulent, corrupt or coercive practice in connection with publicprocurement commits an offence and on conviction be liable to a finenot less than 10 % of the value of the contract or to imprisonment fora term not exceeding five years or to both such fine and imprisonment.

35. (1) The Authority may exclude a bidder or a supplierfrom participation in public procurement for a minimum period of oneyear and a maximum period of six years after –

(a) consultation with the affected procuringentity to consider all the facts of the case;

(b) reasonable notice to the bidder or supplierinvolved of the cause of the proposedactions; and

(c) reasonable opportunity for the bidder orsupplier to respond to the proposed action.

(2) A potential bidder or supplier shall not be debarredfrom participation in procurement except on the following grounds–

(a) provision of false information supplied in theprocess of submitting a bid;

(b) collusion between the bidder and anotherbidder or a bidder and a public officerconcerning the formulation of any part of thebidding documents;

Conduct ofbidders andsuppliers.

36 37

Debarment ofbidders andsuppliers.


(c) connivance to interfere with the participationof competing bidders;

(d) misconduct relating to the submission of bids,including corruption, collusion, price fixing,a pattern of under-pricing of bids, breach ofconfidentiality, and any other misconductreferred to in section 34;

(e) non-performance of contractual obligationsunder a contract deemed serious enough towarrant debarment, provided that the non-performance was not due to circumstancesbeyond the control of the supplier;

(f) conviction of a criminal offence relating toobtaining or attempting to obtain a contractor subcontract;

(g) non-settlement of tax obligations afterassessment by the National RevenueAuthority or the evasion of tax by any means;or

(h) conviction of a crime related to businessor professional activities.

(3) The Ministry shall effect debarment of a bidder or asupplier excluded by the Authority under subsection (1), by notreleasing funds to pay on any contract entered into between aprocuring entity and the debarred bidder or supplier.

36. (1) A procuring entity may grant a margin of preferencefor the benefit of bids for work by domestic contractors or for thebenefit of bids for domestically produced goods or for the benefit ofdomestic suppliers of services;

(2) The margin of preference shall be calculated inaccordance with the regulations and reflected in the record of theprocurement processes;

(3) The margin of preference shall be authorised by theAuthority and shall be subject to approval by the Authority.

PART V–METHODS OF PROCUREMENT

37. (1) Public procurement shall be undertaken by means of advertised open bid processes, to which equal access shall beprovided to all eligible and qualified bidders without discrimination,subject only to the exceptions provided in sections 38, 39, 40 and 41.

(2) Procurement shall not be divied artificially with theintention of avoiding the monetary thresholds established under tothis Act or regulations made under it.

(3) If the procuring entity uses a method of procurementother than advertised open bidding or, in the case of procurement of consultant services, a method other than request for proposals, itshall note in the record of the procurement processes the groundsfor the choice of the procurement method.

(4) When the participation of the procurement end-useror beneficiary community may result in enhancing the economy,quality or sustainability of the service to be procured, or the veryobjective of the project is to create employment and involvement ofthe beneficiary community, such end-user or community mayparticipate in the delivery of services under procedures to be definedin the regulations.

(5) In the cases referred to in subsection (4), procurementmay be carried out by force account, in which the procurement iscarried out with self-supervision, utilising the procuring entity’s ownpersonnel and equipment or those of another government institution.

(6) The cases in which force account may be utilisedinclude, separately or in combination with any activity–

(a) that, in view of its size, nature, location orscattered locations (with no local suppliersavailable), financing or high demobilizationcosts for outside suppliers, does not attractbidders, at least not at a reasonable price;

38 39

Margin ofpreference.

Choice ofprocurementmethod.


(b) that cannot be calculated, or determined indetail in advance or both, such that, if it werecarried out by a supplier, contractor, orconsultant, it would have to bear a large risk;

(c) where the risk of unavoidable workinterruptions is better borne by the procuringentity than by a supplier or contractor;

(d) where it has been demonstrated that forceaccount is the only practical method forconstructing and maintaining works underspecial circumstances;

(e) for a pilot project of a particular nature fordevelopment of a technology or work methodor both that cannot yet be carried out by asupplier; and

(f) for works that must be carried out withoutdisrupting existing operations by theprocuring entity’s crew familiar with thoseoperations.

(7) Where any procurement of goods, sub-contractedworks or services is required to supplement the force account activity,that procurement shall be carried out in accordance with theappropriate provisions of this Act.

38. (1) The open bid processes may include aprequalification stage or apply a post qualification procedure prior tothe award of contract.

(2) The open bid may be carried out in a single stage or intwo stages, but the use of the two-stage method shall be used in thecircumstances specified in subsection (3).

(3) An open bid may be held in two stages in the followingcases–

(a) when it is not feasible to define fully thetechnical or contractual aspects of theprocurement to elicit competitive bids; and

(b) when, because of the complex nature of thegoods, works or services to be procured, theprocuring entity wishes to consider varioustechnical or contractual solutions, and todiscuss with bidders about the relative meritsof those variants before deciding on the finaltechnical or contractual specifications.

39. (1) In procurement processes in which the procuringentity decides that only domestic suppliers or contractors are likelyto be interested in submitting bids, the procuring entity may employ national competitive bidding procedures.

(2) The procuring entity shall not be required to employnational competitive bidding procedures if the estimated contractamount is lower than the value threshold specified in the FirstSchedule.

(3) The procuring entity may stipulate in the biddingdocuments that bidders must quote only in the local currency andpayments shall be made wholly in the local currency.

(4) At least four weeks shall be allowed for submissionof tenders in order to allow sufficient time for the invitation to reachcandidates and to enable them to prepare and submit the bids asprovided in section 24.

40. (1) The procuring entity shall employ internationalcompetitive bidding procedures when the estimated contract amountis higher than the value threshold specified in the First Schedule.

(2) International competitive bidding may be usedwhenever open competitive bidding is used and effective competitioncannot be obtained unless foreign firms are invited to bid or wherethe goods, works or services are not available under competitiveprice and other conditions from three or more suppliers in SierraLeone.

40 41

Opencompetitivebidding.

Nationalcompetitivebidding.

Internationalcompetitivebidding..


(3) International competitive bidding shall be inaccordance with the appropriate procedures prescribed in this Acttogether with the following;–

(a) the invitation to bid and bidding documentsshall be in English;

(b) the invitation to bid shall also be publishedin a newspaper of wide internationalcirculation, in a relevant trade publication ortechnical or professional journal of wideinternational circulation.;

(c) at least six weeks shall be allowed forsubmission of bids in order to allow sufficienttime for the invitation to reach candidatesand to enable them to prepare and submit thetenders as provided in section 23;

(d) technical specifications shall, to the extentcompatible with national requirements, bebased on international standards orstandards widely used in international tradeand in particular shall conform to theprovisions of section 23;

(e) bidders shall be permitted to express theirbids, as well as any security documents tobe presented by them, in their respectivedomestic currencies, or in a currency widelyused in international trade and stated in thebidding documents;

(f) general and special conditions of contractshall be of a kind generally used ininternational trade.

41. (1) Subject to approval by the Procurement Committee,restricted bidding may be held in the following cases:–

(a) when the goods, works or services are onlyavailable from a limited number of bidders;

(b) when the time and cost of considering a largenumber of bids is disproportionate to theestimated value of the procurement.

42. (1) When restricted bidding is employed on the grounds referred to in paragraph (a) of section 41, all known supplierscapable of supplying the goods, works or services shall be invited tobid.

(2) When restricted bidding is employed on the groundsreferred to in paragraph (b) of section 41, the procuring entity shallsolicit bids from a minimum number of five bidders, if possible.

(3) The procedures for bidding processes, as set forth inPart V, shall apply to restricted bidding, except to the extent that theyare modified by this section.

43. Request for proposals for services is the method to beused for the procurement of consultant services, subject only to theexceptions specified in section 46.

44. The request for quotations method may be used for theprocurement of goods and works–

(a) where the procurement is for readily availablecommercially standard goods, not speciallymanufactured to the particular specificationsof the procuring entity and the estimatedvalue does not exceed the amount set in theFirst Schedule;

(b) when the estimated value of the procurementof small works, does not exceed the amountset in the First Schedule;

(c) when the estimated value of the procurementof services does not exceed the amount setin the First Schedule.

45. (1) Quotations shall be requested in writing from as manybidders as practicable, but from at least three bidders.

(2) The request shall contain a clear statement of therequirements of the procuring entity as to quality, quantity, termsand time of delivery, as well as any other special requirements.

42 43

Restrictedbidding.

Proceduresfor restrictedbidding.

Request forproposals.

Request forquotations.

Basic pro-cedures forrequestfor quotation.


(3) Bidders shall be given adequate time to prepare andsubmit their quotations, but each bidder shall be permitted onequotation, which may not be altered or negotiated.

(4) A purchase order shall be placed with the bidder thatprovided the lowest-priced quotation meeting the delivery and otherrequirements of the procuring entity.

46. (1) Public procurement by means of the sole-sourceprocurement method shall be permitted only in the followingcircumstances-

(a) when only one supplier has the exclusive rightto realise manufacture of the goods, carryout the works, or perform the services to beprocured and no suitable alternative isavailable;

(b) for additional deliveries of goods by theoriginal supplier which are intended either aspart replacement for existing goods, servicesor installations, or as the extension of existinggoods, services or installations where achange of supplier would compel theprocuring entity to procure equipment orservices not meeting requirements of inter-changeability with already existing equipmentor services;

(c) when additional works, which were notincluded in the initial contract have, throughunforeseeable circumstances, becomenecessary and the separation of theadditional works or services from the initialcontract would be difficult for technical oreconomic reasons;

(d) in cases of extreme urgency, provided thecircumstances which gave rise to the urgencywere neither foreseeable by the procuringentity nor the result of dilatory conduct onits part;

(e) when the services require that a particularconsultant be selected due to his uniquequalifications, or when it is indispensable tocontinue with the same consultant.

(2) Use of sole-source procurement on the groundsreferred to in paragraphs of section (1) shall be subject to priorapproval by the Procurement Committee.

47. (1) When the procuring entity engages in sole- sourceprocurement on the grounds referred to in subsection (1), it shallprepare a written description of its needs and any specialrequirements as to quality, quantity, terms and time of delivery; andshall request submission of a bid or proposal in writing or both andshall be free to negotiate with the sole bidder.

(2) Publication in the Gazette, a newspaper of nationalcirculation and, when feasible on the internet, of a notice of the holdingof sole-source procurement processes is required when the estimatedvalue of the procurement exceeds the threshold set in First Schedule.

PART VI–BIDDING PROCEDURES

48. (1) An invitation to bid, or an invitation to prequalify,shall be published in the Gazette, national print media of widecirculation and electronic media.

(2) Every invitation to bid or to apply for prequalificationpublished under subsection (1), shall run for the period of timeprescribed in subsection (4) of section 39 and paragraph (c) ofsubsection (3) of section 40.

(3) A procuring entity may limit participation on the basisof nationality in accordance with the regulations and shall include inthe record of the procurement proceedings a statement of the groundsand circumstances on which it relied.

(4) Tenders shall be formulated and submitted in Englishand except where the Authority otherwise determines or the specificinstruction in a bidding package or a Tender Notice so requires, Englishshall be the official language of all communications.

44 45

Sole-source.Basicprocedures forsole-source procurement.

Invitation tobid.


(5) Supporting documents and printed literature furnishedby a bidder may be in another language if they are accompanied byan accurate translation of the relevant passages in English.

(6) Translations may be used to interpret a bid.(7) In an international bid, in which the participation of

foreign bidders is invited, an invitation to bid or an invitation toprequalify in accordance with section 21 shall be published in Englishand where–

(a) the estimated value of the procurementexceeds the thresholds set in the FirstSchedule; or

(b) there is no response to a national biddingproceeding,

the bidding and contract documents shall also be made in English. (8) The invitation to bid or to prequalify, as the case may

be, shall include information on–

(a) the identity and address of the procuringentity;

(b) the nature and time-frame of the procurement,including the place of delivery of goods orservices, and the location of any works;

(c) the manner of obtaining and the price of thebidding documents, or, if applicable, theprequalification documents;

(d) the place and deadline for submission of bids,or of applications to prequalify;

(e) such other matters as the Authority may bystatutory instrument prescribe.

49. (1) A procuring entity shall use the appropriate standardbidding documents specified in the second Schedule.

Provided that in exceptional circumstances, the Authority may, on anapplication by a procuring entity, approve in writing, the usage ofother formats or variations to the standard bidding documents.

(2) A procuring entity shall provide, in an expeditiousand non-discriminatory manner, the bidding documents to all potentialbidders that respond to the invitation to bid or, in the case ofprequalification, to all bidders that have been prequalified, and theprice that may be charged for the bidding documents shall reflectonly the cost of printing and distributing the documents.

(3) The bidding documents shall inform bidders of–

(a) the nature and time frame of the procurement,including, but not limited to the technicalspecifications or drawings as the case maybe, terms of reference, the contractual termsof the procurement, and the manner of entryinto force of the contract;

(b) bidder qualification requirements if aprequalification procedure was not followed;

(c) information as to site visits and pre-bidconferences;

(d) instructions for preparation and submissionof bids, including the deadline for submissionof bids, time and place of bid opening;

(e) components to be reflected in the price, thecurrency or currencies in which the bid pricemay be stated, and the currency and relatedexchange rate to be used for comparison ofbids;

(f) the criteria and methodology for evaluationof bids and the selection of the successfulbidder, which shall all be quantified inmonetary terms or expressed in the form ofpass or fail requirements, if possible, or, wherenot possible, by relative weights and whenconsidering evaluation criteria, the procuringentity shall consider only the following -

(i) the bid price, subject to any margin ofpreference applied pursuant to section36;

46 47

Biddingdocuments.


(ii) the cost of operating, maintaining andrepairing the goods or works, the timefor delivery of the goods, completion ofworks or provision of the services, thefunctional characteristics of the goodsor works, the terms of payment and ofguarantees in respect of the goods,works or services;

(iii) the effect that acceptance of a bid wouldhave on the environment, the extent oflocal content, including localmanufacture, labour and materials, ingoods, works or services being offeredby bidders, the transfer of technologyand the development of managerial,scientific and operational skills;

(g) the preference, if any, for domestic goods andcontractors as the Authority may by statutoryinstrument prescribe.

(h) any grouping of goods, works or servicesinto lots and packages and the manner ofevaluation of the lots and packages;

(i) whether alternatives to the technical orcontractual specifications would beconsidered and, if so, how those alternativeswould be evaluated;

(j) if suppliers are permitted to submit bids foronly a portion of the goods, works or servicesto be procured, a description of the portionor portions for which bids may be submitted;

(k) the required validity period of bids;(l) the amount and acceptable forms of any

required bid, performance or other security;(m) the conditions of contract which will be

entered into with the successful bidder;(n) notice of conflict-of-interest restrictions and

anti-fraud and corruption rules;(o) the manner in which bidders may obtain

review of actions, omissions and decisionsof the procuring entity; and,

(p) such other matters as the Authority may bystatutory instrument prescribe.

50. (1) Subject to subsection (2) of section 28, a bid shall notbe accepted unless submitted in writing, duly signed, in a sealedenvelope within the deadline for submission of bids and any bidreceived after the deadline for submission of bids shall be returnedunopened.

(2) Invitation for bidding and prequalification documentsshall permit submission of applications to bid or prequalify by handor mail or by courier at the option of the bidder.

(3) The Authority may by statutory instrument prescribe–

(a) other methods of submission of bids, suchas by electronic mail;

(b) rules for the protection of the confidentialityand security of bids, including theprevention of the opening and reading ofbids by anyone until the time set inaccordance with paragraph (d) of subsection(3) of section 49.

(4) Bids shall remain valid for the period of time indicatedin the bidding documents, but modification or withdrawal of a bidduring the bid validity period is subject to forfeiture of the bid security.

(5) The validity period of a bid may be deemed extendedonly on the basis of the agreement of the bidder concerned andbidder that agrees to an extension of the validity period of its bidshall also obtain a corresponding extension of the bid security, ifsuch a security was required.

51. (1) The bidding documents may require every bidder tosubmit a bid security, which shall be on such terms and conditionsas the Authority may by statutory instrument prescribe.

(2) Forfeiture of a bid security may be imposed only inthe event of–

48 49

Submission ofbids.

Bid security.


(a) a modification or withdrawal of a bid after thedeadline for submission of bids and duringits period of validity;

(b) refusal by a bidder to accept a correction ofan arithmetical error appearing on the face ofthe bid;

(c) failure by the successful bidder to sign acontract in accordance with the terms set forthin the bidding documents; or

(d) failure by the successful bidder to provide asecurity for the performance of the contractif required to do so by the bidding documents.

52. (1) Bids shall be opened at the time and place indicatedin the bidding documents, and the time of bid opening shall coincidewith the deadline for submission of bids, or follow immediatelythereafter, allowing a minimum time interval for logistical reasons.

(2) Bidders or their representatives may attend the bidopening, where the name of the bidder, the total amount of each bid,any discounts or alternatives offered, and the presence or absenceof any bid security, if required, and essential supporting documentsshall be read out loud and recorded, and a copy of the record shall bemade available to any bidder on request; and any documents withfinancial implications must be signed by the Chairman and two othermembers of the bid opening committee.

(3) No decision regarding the disqualification or rejectionof any bid shall be taken or announced in the bid opening session.

(4) Following opening of the bids, and until the preliminarydecision on award has been notified to the successful bidder, nobidder shall make any unsolicited communication to the procuringentity or try in any way to influence the procuring entity’s examinationand evaluation of the bids.

53. (1) Following the opening of bids, the procuring entityshall first examine the bids in order to determine whether the bids arecomplete, signed, whether required documents to establish legalvalidity and required bid security have been furnished and whetherbids are substantially responsive to the technical specification andcontract conditions set forth in the bidding documents.

(2) Bids which are not complete, not signed, notaccompanied by a bid security in the prescribed form, if one isrequired, or not accompanied by essential supporting documentssuch as business registration certificates, business licences and taxreceipts, or are substantially non-responsive to the technicalspecifications or contract conditions or other critical requirementsin the bidding documents, shall be rejected and excluded from furtherevaluation and comparison.

(3) The Authority may by statutory instrument prescribe–

(a) other methods of submission of bids, suchas by electronic mail;

(b) protecting the confidentiality and securityof bids, including the prevention of theopening and reading of bids by anyone untilthe time set in accordance with paragraph(d) of subsection (3) of section 49.

(4) Bids not excluded from consideration undersubsections (2) and (3), shall be evaluated taking into account thosefactors explicitly stated in the bidding document.

(5) The procuring entity may seek clarification from anybidder to facilitate evaluation but shall neither ask nor permit anybidder to change the price or any other aspect of the bid and if abidder amends its bid in any manner, that bid will be rejected and itsbid security forfeited.

(6) Where there is an arithmetical error, the error shall berectified and the bidder notified but if the bidder refuses to acceptsuch correction, its bid shall be rejected and the bid security forfeited.

(7) Where there is a discrepancy between figures andwords, the amount in words shall prevail unless the discrepancy isdue to misplacement of decimal point, in which case the mistakeshall be rectified and the bidder notified.

50 51

Bid opening.

Examinationevaluationand com-parison ofbids.


(8) In carrying out the evaluation, if there are minordeviations in any bid which did not merit rejection at the earlier stage,such minor variation shall be costed, if possible, and the evaluatedcost of the bid shall then be compared to those of other bids todetermine the lowest evaluated bid.

(9) Where the process included a prequalification, thequalifications of the lowest evaluated bidder shall be verified againto take account of any change since the original prequalification.

(10) Where there was no prequalification, thequalifications of the lowest evaluated substantially responsive biddershall be checked against the criteria specified in the biddingdocuments; if that bid fails, the same check shall be applied to thenext ranked bid.

(11) The procuring entity shall prepare an evaluation reportdetailing the examination and evaluation of bids and identifying therecommendation for award of contract in accordance with theevaluation criteria specified in the bidding document.

54. Information relating to the examination, clarification,evaluation and comparison of bids shall not be disclosed tosuppliers or contractors or to any other person not involved officiallyin the examination, evaluation or comparison of bids or in thedecision on which bid should be accepted, except as provided insubsections (3) and (4) of section 32.

55. (1) No negotiation shall take place between theprocuring entity and the supplier or contractor with respect to a bidsubmitted by the supplier or contractor.

(2) Where the lowest evaluated responsive bid exceedsthe budget for the contract by a substantial margin, the procuringentity shall investigate the causes for the excessive cost and mayrequest new bids.

56. (1) The contract shall be awarded to the bidder havingsubmitted the lowest evaluated and substantially responsive bidwhich meets only those evaluation criteria as specified in the biddingdocuments.

(2) Prior to the expiry of the period of bid validity, theprocuring entity shall notify the successful bidder of the proposedaward, which shall specify the time within which the contract must besigned, subject to any intervening complaints filed in accordancewith Part VI.

(3) Notice of award shall be given to other bidders at thesame time the successful bidder is notified, specifying the name andaddress of the proposed bidder and the price of the contract, but thecontract shall not be signed until at least 14 calendar days havepassed following the giving of that notice.

(4) Where a bidder whose bid has been accepted fails tosign a written contract, when required to do so, or fails to provideany required security for the performance of the contract within theprescribed time limit, the procuring entity shall accept the next rankedbidder from among the remaining bids that are in force, but in selectingthe next ranked bidder, the procuring entity shall comply withprovisions of section 52 as appropriate.

(5) Any person who signs or enters into a procurementcontract on behalf of a procuring entity where there is a pendingcomplaint and in contravention of this subsection commits an offenceand shall be liable on conviction to a fine not exceeding 10 % of thevalue of the contract or to imprisonment for a term not exceeding fiveyears or to both such fine and imprisonment.

57. (1) Where the bidding documents require the supplier orcontractor whose bid has been accepted to sign a written procurementcontract conforming to the bid, the procuring entity and the suppliershall sign the procurement contract within 30 days after the noticereferred to in subsection (2) of section 56 has been dispatched to thesupplier or contractor.

(2) Where a written procurement contract is required tobe signed, the procurement contract shall enter into force when thecontract is signed by the supplier or contractor and by the procuringentity.

52 53

Acceptanceof bid andsignature ofcontract.

Non-disclosure ofbid evalua-tion details.

Prohibition ofnegotia-tion.

Award ofcontract.


(3) Except as provided in subsection (2) of section 56, aprocurement contract in accordance with the terms and conditions ofthe accepted bid shall enter into force when the notice is dispatchedto the supplier or contractor that submitted the bid while the bid is inforce.

(4) Contracts shall be signed by the head of a procuringentity, but he may delegate signature of small contracts to the headof procurement unit or other senior official of the entity.

(5) Any contracts entered into between a procuring entityand a successful bidder shall be valid only if it contains an expressprovision allowing cancellation of the contract by the Panel ifthe panel finds a contravention of any provision of this Act or anyregulation, document or process relating to the procurement.

58. (1) Where a procurement is to be done by a two- stagebidding, the bidding documents shall, in the first stage, require biddersto submit initial bids without a bid price, and may solicit initialproposals relating to the technical, quality or other characteristics ofthe goods, works or services, as well as to contractual terms andconditions of the proposed contract, and, where relevant, theprofessional and technical competence and qualifications of thebidders.

(2) The procuring entity may engage in discussion withany or all bidders whose proposals satisfy the conditions set forth inthe bidding documents with a view to understanding the proposalsor to indicate changes required to make them acceptable and to seekthe bidder’s willingness to make such changes and the minutes ofthese discussions shall form part of the procurement records.

(3) At the end of the first stage, the procuring entity may–

(a) reject those bids which do not, and cannotbe changed to meet the basic requirements,minimum performance, or requiredcompletion time or have any other weaknesswhich makes the bid substantially nonresponsive;

(b) modify the technical specifications,evaluation criteria, and contract conditions,while seeking to maximise competition andarticulate appropriate evaluation methodo-logy.

(4) In the second stage, the procuring entity shall invitebidders whose bids have not been rejected to submit final bids withprices responsive to the revised bidding documents.

(5) A bidder, not wishing to submit a final bid, maywithdraw from the bidding processes without forfeiting any bidsecurity that the bidder may have been required to provide, and thefinal bids shall be evaluated and compared in accordance with thecriteria and methodology included in the revised bidding documents.

(6) The procedures for bidding specified in section 57shall apply to two-stage bidding processes, except to the extent theyare modified by this section.

59. (1) For the purposes of procuring the services of aconsultant, the procuring entity shall prepare a shortlist of three tosix consulting firms, to the greatest extent feasible, comprisingconsultants of the same category, and similar capacity and businessobjectives, to which it shall provide the request for proposals forservices; and the short-list shall be established from among thosewho have capacity to perform the required services, as demonstratedin their submissions.

(2) When the estimated value of the procurement exceedsthe threshold set out in the First Schedule, in order to establish theshortlist, the procuring entity shall seek expressions of interest bypublishing a notice in the Gazette, in a national print media of widecirculation, and whenever feasible, on the internet, and whereappropriate, the notice may also be published in a relevant tradepublication or technical or professional journal.

54 55

Two-stagebidding.

Request forconsultant’sservices.


(3) For assignments of a value lower than the thresholdset out in the First Schedule, the shortlist may be established frommarket knowledge, or other sources of information but in the case ofassignments which have an estimated value above that threshold, orare particularly complex, an advertisement shall also be utilised.

(4) The request for proposals shall provide short listedbidders with the information necessary to enable them to participatein the procurement processes and to submit proposals that areresponsive to the needs of the procuring entity including, in particular:

(a) the name and address of the procuring entity;

(b) the nature, time frame and location of theservices to be provided, terms of reference,required tasks and outputs;

(c) the criteria to be used in evaluating andcomparing proposals, and their relativeweight as compared to price;

(d) the contractual terms of the procurement, andthe manner of entry into force of the contract;

(e) instructions for preparation and submissionof proposals, and the place and deadline forsubmission of proposals;

(f) the final selection procedures to be applied;

(g) notice of conflict-of-interest restrictions andanti-fraud and corruption rules, including thegrounds for potential debarment from futureparticipation in procurement of goods,services or works that may result from theassignment under consideration; and

(h) such other matters as may be prescribed inthe regulations and standard documentsissued by the Authority.

(6) The price of a proposal shall be considered by theprocuring entity only after completion of the technical evaluation.

60. (1) The selection of the successful proposal shall bebased either–

(a) on the technical quality of the proposal, theconsultant’s relevant experience and theexpertise of its staff, and the proposed workmethodology, as well as the price of theproposal;

(b) on the quality of the technical proposalsubmitted within a predetermined fixedbudget; or

(c) on the basis of the best financial proposalsubmitted by the candidates, havingobtained an acceptable technical score pre-disclosed in the request for proposals.

(2) Detailed procedures shall be set out in the regulations.

61. When the services are of an exceptionally complex natureof a considerable impact on future projects or national economy orwhen they may lead to the submission of proposals which are difficultto compare, the consultant may, subject to the approval of theprocurement committee, be selected exclusively on the basis of thetechnical quality of his proposal.

62. (1) The contract may be negotiated with the selectedconsultant but negotiations may not be simultaneously held withseveral consultants.

56 57

Selection orbased onquality.

Contractaward.

Selectionbased onquality andcost.


(2) The procuring entity shall notify its proposed awardto all short-listed consultants at the same time it notifies the selectedconsultant, but where the value of the contract exceeds the levels setout in the regulations, the contract shall not be signed until at least14 calendar days have passed following the giving of that notice.

(3) The selected consultant shall not be permitted tosubstitute key staff, unless both parties agree that undue delay inthe selection process makes such changes unavoidable or that suchchanges are critical to meet the objectives of the assignment.

(4) The key staff proposed for substitution shall havequalifications equal to or better than the key staff initially proposed.

PART VII –COMPLAINTS PROCEDURE

63. (1) A potential or actual bidder that claims to havesuffered, or that is likely to suffer, loss or injury due to a breach of aduty imposed on the procuring entity by this Act, the regulationsand the bidding document, may seek review in accordance with thisPart, at any stage of the procurement processes.

(2) An application for review under subsection (1), shallnot be entertained unless it identifies the specific act of omission orcommission alleged to contravene this Act or the regulations and thebidding document.

(3) Where an application for review concerns allegedimproprieties in the solicitation of applications to prequalify, or tosolicitation of bids, which are apparent prior to bid opening, suchapplications shall be entertained only if submitted prior to bid opening.

64. (1) Prior to the entry into force of a contract, applicationfor review shall be made, in the first instance, in writing, to the headof the procuring entity.

(2) The head of the procuring entity shall not entertainan application for review unless it was submitted within 14 calendardays, or when the bidder submitting it became aware of thecircumstances giving rise to the complaint or of when that biddershould have become aware of those circumstances, whichever isearlier.

(3) Unless the complaint is resolved by mutual agreement,the head of the procuring entity shall suspend the procurementprocesses and shall, within five working days after submission of thecomplaint, issue a written decision, stating the reasons, and, if thecomplaint is upheld, indicating the corrective measures to be taken.

(4) If the Head of the procuring entity does not issue adecision within the time stated in subsection (3), or if the complainantis not satisfied with the decision of the head of the procuring entity,the complainant is entitled to submit a complaint to the Panel pursuantto section 65.

(5) Complaints under subsection (4) shall not be heardunless submitted to the Panel within ten working days from the elapseof the time stated in subsection (3) or from the date on which theentity’s decision was communicated to the complainant.

65. (1) Subject to subsection (4), an application for reviewmay be brought before the Panel in the following circumstances–

(a) in the form of an appeal by the complainingbidder against a decision by the head of theprocuring entity, provided that the appeal issubmitted within ten working days of thedate of the decision;

(b) where the head of a procuring entity fails torender a decision within the required timeframe, provided that the application for reviewis filed within ten working days of the expiryof the time for the decision by the head of theprocuring entity referred to in subsection (3)of section 64;

58 59

Review byindependentprocurementreview panel.

Right toreview.

Review byhead ofprocuringentity.


(c) in the case where the contract has alreadyentered into force, any application for reviewsubmitted in the first instance to the Panelshall not be entertained unless it is submittedto the Panel within ten working days of whenthe bidder submitting it became aware of thecircumstances giving rise to the complaint orof when that bidder should have becomeaware of those circumstances, whichever isearlier.

(d) in the form of an appeal by the complainingbidder against a decision by the Authoritypursuant to a debarment process.

(2) In order for an application for review to be consideredby the Panel, the application shall be accompanied by both anadministrative fee and a complaint fee as specified in the regulations.

(3) The Panel shall make a decision under this sectionwithin ten working days after receiving the complaint.

(4) A complaint may be dismissed for–

(a) failure to comply with any of the requirementsof this Part;

(b) setting forth only allegations that do not statea valid basis for a complaint, or that do notset forth a detailed legal and factualstatement;

(c) having been filed in an untimely manner,either at the initial level of review by theprocuring entity, or with respect to deadlinesfor filing of a complaint with the Panel;

(d) reasons relating to contract implementationor administration rather than contract award;

(e) challenging an affirmative determination ofqualifications of a competing bidder.

(5) Unless a complaint is dismissed, the remedies thatmay be ordered by the Panel include–

(a) prohibiting the procuring entity from actingor deciding in an unauthorized manner orfrom following incorrect procedure;

(b) annulling in whole or in part anyunauthorised act or decision of a procuringentity, including contract award or anydecision or act bringing the contract intoforce;

(c) reversing a decision by the procuring entityor substituting its own decision for sucha decision;

(d) award of costs incurred in participating inthe bidding process where the results werenot in accordance with this Act or anyregulation made under it.

(6) Where a timely submission of a complaint is made inaccordance with deadlines set in this section the procurementprocesses shall be suspended until a decision on the complaint isissued by the Panel.

60 61


(7) The suspension under subsection (6) shall not applyif the procuring entity certifies to the Panel that urgent public interestconsiderations, such as natural disasters, medical emergencies, civilstrife and outbreak of war, require the procurement to proceed.

(8) The certification, under subsection (7) shall state thegrounds for the finding that urgent considerations exist and whichshall be made a part of the record of the procurement processes, andshall be conclusive with respect to all levels of review, except judicialreview.

(9) Where the Panel has found that a criminal act mayhave been committed, it shall forward its decision andrecommendations to the competent authority for possible criminalinvestigations or prosecution

PART VIII – DISPOSAL OF STORES AND EQUIPMENT

66. (1) Subject to sub-section (3) of section 5 of the NationalAssets Commission Act, 2000 the head of a procuring entity shallconvene a Board of Survey comprising representatives ofdepartments with unserviceable, obsolete or surplus stores, plant,equipment and vehicles which shall report on the items and, subjectto a technical report on them, recommend the best method of disposalafter the officer in charge has completed a Board of Survey form.

(2) The Board of Survey’s recommendations shall beapproved by the head of the procuring entity and the items shall bedisposed of following disposal procedures specified in section 67.

(3) Where items become unserviceable for reasons otherthan fair wear and tear, such as through accident or expiry, a setprocedure established by the Board for handling losses shall befollowed before the items are boarded and disposed of.

67. (1) Disposal of obsolete or surplus items shall be by–

(a) transfer to government departments or otherpublic entities, with or without financialadjustment;

(b) sale by public bid to the highest bidder,subject to reserve price;

(c) sale by public auction, subject to reserveprice; or

(d) destruction, dumping, or burying asappropriate.

PART IX – MISCELLANEOUS

68. (1) The Authority may by statutory instrument, makeregulations for giving effect to this Act.

(2) Without prejudice to subsection (1), regulations madeunder this Act may provide for–

(a) standard bidding documents, request forproposals and other forms to be used on amandatory basis by procuring entities;

(b) the preparation and submission of bids;

(c) the manner of publication of the notice ofprocurement contract awards;

(d) the margin of preference in the evaluation ofbids;

62 63

Disposalprocedures.

Regulations.

Authority todispose.


(e) the preparation and submission ofapplications to pre-qualify for a bids

(f) detailed procedures for selection ofconsultants using methods other than thosespecified in sections 59 to 62; .

(g) procurement processes on the basis ofnationality;

(h) the procurement process where one entity ora specially appointed agent is to procure itemson behalf of another entity;

(i) the amendment of the thresholds forprocurement methods and award of contractsunder the First Schedule;

(j) sample forms of the procurement plans;

(k) print and electronic media acceptable forpublication in compliance with this Act; and

(l) on any other matter connected under this Actwith public procurement.

69. (1) The Public Procurement Act, 2004 is hereby repealed.

(2) Notwithstanding the repeal of the Public ProcurementAct, 2004 under subsection (1), any order, rules, notices or regulationmade under the repealed Act and in force immediately before thecoming into force of this Act shall, unless revoked, continue in force.

FIRST SCHEDULE

THRESHOLDS SECTIONS 40, 44, 48 (2), 59, 68, (2) (11)

1. Contract awards shall be published when the estimated value of the contractis above :

(a) In the case of contracts for the procurement of goods, Le 300.00million

(b) In the case of contracts for the procurement of works, Le 600.00million

(c) In the case of contracts for the procurement of services, Le 300.00million

2. Request for Quotation shall be used when the estimated value of theprocurement is below:




3. National Competitive Bidding (N.C.B.)shall be used when the estimatedvalue of the procurement is below:


64 65

Repeal of ActNo. 14 of2004




4. International Competitive Bidding (I.C.B.) shall be held when the estimatedvalue of the procurement exceeds:




5. Expression of Interest for Selection of Consultants

The solicitation of expressions of interest is required when the estimated value ofthe consultants’ services is above Le 600.00 million.

6. Approval of Contract Awards

Type of contract Contract Value (Le) Authority approving(Threshold in SLL million) proposed contract award

1. Goods Less than 15 Head of Procurement Unit orDepartment

15-60 Head of Procuring Entity

Above 60 Procurement Committee

2. Works/Tech- Less than 30 Head of Procurement Unitnical Services or Department



3. Consulting Less than 6 Head of Procurement Unit or Services Department



66 67


SECOND SCHEDULE - STANDARD BIDDING DOCUMENTSSECTION 49

1. GOODS

(a) RFQ

(b) NCB

(c) ICB

(d) Health goods

(e) Information Technology (IT) Goods

2. WORKS

(a) RFQ

(b) NCB

(c) ICB

3. SERVICES

(a) Request for Proposals for small contracts (less than Le 300.00 million)

(b) Request for Proposals for large contracts (above Le300.000 million).

68 69

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.GAZETTE NO. 10 OF 25TH FEBRUARY, 2016.

Passed in Parliament this 3rd day of November, in the year of our Lord twothousand and Fifteen.

IBRAHIM S. SESAY,Clerk of Parliament.

THIS PRINTED IMPRESSION has been carefully compared by me with the Billwhich has passed Parliament and found by me to be a true and correct printed copyof the said Bill.

IBRAHIM S. SESAY,Clerk of Parliament.

actshort title. no. 1 2016 sierra leone the public procurement act, 2016. being an act to make...

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