Section 1, The Public Procurement Act, 2004

(1) This Act shall apply to the procurement of goods,works and services, including any procurement financed in whole or in part from public or donor funds by the following bodies or organizations:– (a) central Government Ministries, departments, commissions and agencies; (b) local councils; (c) subvented agencies; (d) state-owned enterprises which utilise public funds; (e) public universities, colleges, hospitals and all companies which are wholly owned by the State or in which the State has majority interest; and (f) any entity in the private sector which is given the responsibility for carrying out activities using public funds. (2) Where this Act conflicts with the procurement rules of a donor or funding agency, the application of which is mandatory pursuant to or under an obligation entered into by the Government, the requirements of those rules shall prevail; but in all other respects, the procurement shall be governed by this Act. (3) Where the Minister responsible for defence, with the approval of the Defence Council, determines that a procurement related to national defence or national security requires the application of special measures, the application of the rules and procedures set out in this Act may be modified by the National Public Procurement Authority, but the modification shall be governed only with defence considerations. (4) For the purposes of subsection (3), procurement of items such as general stores, uniforms, stationery, office equipment and standard vehicles shall not be classified as national defence or national security procurement. (5) In implementing this Act, including the composition of boards, committees and other organs provided therein, regard shall be had to compliance with the Government’s policy of promoting the appointment and full participation of women.