Section 18, The Public Procurement Act, 2004

(1) A procurement committee shall be established in everyprocuring entity. (2) The procurement committee shall be appointed by the head of the procuring entity and its composition shall be in accordance with subsection (9) . (3) A procuring entity shall be responsible, and vote controllers and other officials concerned are accountable, for public procurement in accordance with this Act and any other enactments which may be applicable. Confidentiality and prohibition of disclosure of information. staff to be trained. committees. No. 14 Public Procurement 2004No. 14 Public Procurement 2004 1918 (4) The head of a procuring entity shall appoint a staff member 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 take minutes of meetings of the procurement committee and maintain a file of all matters considered by the procurement committee. (6) A procurement committee may delegate to a procurement unit, authority to make contract award decisions, subject to such decisions being subsequently reported to and recorded in the minutes of the procurement committee. (7) Delegation of the authority shall be expressed in terms of estimated maximum contract values, which may differ according to whether the contract is for procurement of goods, works or services. (8) A procurement committee shall make necessary arrangements to ensure that timely information on the execution and conclusion of contracts by a department or division of a procuring entity, as well as on supplier, contractor or consultant performance is reported to the procurement committee. (9) A procurement committee shall consist of five members, as follows:– (a) the vote controller, who shall act as the Chairman; (b) one senior official of the entity; (c) the head of finance, accounts or any budget professional; (d) the head of the procurement unit, who shall also be secretary to the committee; (e) a representative of the concerned end-user department, who shall be a rotating member. (10) Additional rotating members may be drawn to provide necessary technical, legal, and business expertise to the procurement committee. (11) The quorum for a meeting of a procurement committee shall be three, comprising the Chairman and at least two other members referred to in subsection (10). (12) Procurement committees may appoint technical evaluation committees and advisers to assist the procurement unit in bid opening procedures, bid evaluation and making recommendations for award. (13) The functions of a procurement committee shall include– (a) verification and approval of proper procurement planning and preparation of procurement proceedings carried out by the procurement unit; (b) consideration and approval of the draft advertisements and other bidding documents prepared by the procurement unit; (c) review and approval of evaluation reports and contract award recommendations, in cases of procurement beyond the authority limits of the respective procurement unit; (d) rejection of unsuccessful bids; (e) approval of contracts with a value above the authority limits of the respective procurement unit; (f) approval of applications for contract modifications in the following cases:– (i) where the original contract award was subject to procurement committee approval; (ii) where the value of the modification exceeds the authority limits applicable to the procurement unit; (iii) where the contract modification would cause the total contract value to exceedthe authority limits applicable to the procurement unit; (g) reporting of procurement activities to the Authority; (h) submitting annually updated databases of suppliers, contractors and consultants, and records of prices of the Authority for publication; and (i) such other functions as may be conferred by any other enactment. (14) Procurement committees may, upon approval by the Authority, establish subsidiary procurement committees in district offices of the procuring entity.