Section 14, The Public Procurement Act, 2016

(1) The object for which the Authority is established isto regulate and monitor public procurement in Sierra Leone and to advise 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 public procurement and to ensure compliance therewith by all parties to procurement contracts; (b) assess the operations of the public procurement processes and submit proposals for the improvement of the processes, including the introduction of information and communications technology, and the development of modalities for appropriate collaboration among procuring entities; (c) ensure capacity building and human resource development for public procurement, including development, promoting and supporting training and professional development of persons engaged in public 12 13 Annual reports of Functions of (d) develop and recommend to heads of procuring entities a career development and management programme, and a system for selection, appointment and termination of appointment of procurement officers; (e) disseminate information about, and promote awareness of the public procurement system; (f) issue standard forms of contract and standard bidding documents for mandatory use by all procuring entities; (g) provide interpretation of this Act and other instructions governing the procurement process; (h) plan and coordinate technical assistance in the field of public procurement; (i) publish a quarterly Public Procurement Bulletin which shall contain information on public procurement, including approved procurement plans, proposed procurement notices, and notices of invitation to bid and contract award information; (j) publish in the Public Procurement Bulletin or in the Gazette or newspaper with wide national circulation or the electronic media, a database of suppliers, contractors and consultants, and records of prices to assist in the work of procuring entities; (k) on its own motion or based on reports by a procuring entity or the Panel, or interested parties, investigate and suspend from procurement practice under this Act, suppliers, contractors and consultants who have neglected their obligations under a procurement contract, or provided false information about their qualifications, contravened tax regulations, or offered inducements referred to in this Act. (l) maintain and issue on a regular basis to all procuring entities a list of suspended suppliers, contractors and consultants; (m) prepare an annual report on the overall functioning of the public procurement system, including a profile of procurement activities, to be presented to Cabinet and tabled before Parliament through the Minister of Finance; (n) share information and cooperate with other arms of Government to facilitate the implementation of Government policies; (o) conduct, at least annually, a procurement forum bringing together public sector, private sector, civil society and development partners to address issues related to public (p) pursuant to its monitoring function the Authority shall institute– (i) procurement review during the tender preparatory and unto the evaluation process; (ii) contract reviews in the course of execution of an awarded tender; and 14 15 No. 1 Public Procurement Act 2016No. 1 Public Procurement Act 201616 17 (iii) Performance reviews after the completion of the contract in respect of any procurement as may be required. (q) perform such other functions as are incidental or conducive to the attainment of the object stated in subsection (1). (3) Subject to sections 41, 42, 43, 44, 45, and 46 of this Act, the Authority may endorse and give approval for the use by a procurement committee, of a procurement method or methods, other than competitive bidding, where the procurement requirement of the procuring entity, in the opinion of the Authority, merits such endorsement and approval. (4) Nothing in the functions of the Authority under subsections (1) , (2) and (3) shall be construed to include the power to participate in the award of any specific procurement contract. (5) In the performance of its functions under this Act the Authority shall not be subject to the direction or control of any person or authority. (6) Notwithstanding anything to the contrary in any other law, the Authority shall, after conducting an investigation and is reasonably satisfied that there is a breach of this Act or any regulation made under it– (a) direct the procuring entity to take such actions as are necessary to rectify the contravention; or (b) terminate the procurement processes. (7) The Authority shall prior to making a decision, under paragraph (b) of subsection (6), give the procuring entity and any other person whom it believes that his legal right may be adversely affected by the decision an opportunity to make representations. (8) The Authority shall, where it finds persistent or serious breach of this Act or regulations or guidelines made under it, recommend to the competent authority– (a) the suspension of funds disbursements to any procurement financed by specific public funds where a breach has been established to entities; (b) the disciplining of the accounting officer, chairman or member of the procurement committee or any other officer concerned with the procurement process in issue. (9) The Authority shall incur no liability towards the procuring entity or any other person or body interested in the tender under review or investigation by virtue of properly invoking its powers under this section.