CHAPTER 394 - ZAMBIA NATIONAL TENDER BOARD ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
[Section 27]
[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
1. Title
2. Interpretation
PART II
CENTRAL TENDER COMMITTEE
3. Establishment of Central Tender Committee
4. Composition of Central Tender Committee
5. Functions of Central Tender Committee
6. Proceedings of Central Tender Committee
PART III
PROVINCIAL TENDER COMMITTEES
7. Establishment of provincial tender committees
8. Composition of provincial tender committees
9. Functions of provincial tender committees
10. Proceedings of provincial tender committees
PART IV
PARASTATAL TENDER COMMITTEES
11. Establishment of parastatal tender committees
12. Small parastatal bodies
13. Composition of parastatal tender committees
14. Functions of parastatal tender committees
15. Proceedings of parastatal tender committees
PART V
MINISTRY TENDER COMMITTEES
16. Establishment of ministry tender committees
17. Composition of ministry tender committees
18. Functions of ministry tender committees
19. Proceedings of ministry tender committees
20. Procedure where tender committee not established in terms of parts III and V
21. Consultations on procurement under international agreement
22. Board to settle disputes
23. Delegation to other persons
23A. Constitution of procurement unit
23B. Certification of procurement unit
PART VI
FINANCIAL LIMITS FOR GOVERNMENT PURCHASES
24. Financial limits for Government purchases
25. Perishable or fragile goods
26. Special equipment
27. Purchase from Government Stores Department
28. Running contracts at fixed prices
28A. Application of procurement limits in parastatal bodies without tender committee or without certified procurement unit
PART VII
FINANCIAL LIMITS FOR PURCHASES BY PARASTATAL BODIES
29. Application of procurement limits in parastatal bodies
30. Perishable or fragile goods
PART VIII
GENERAL PROVISIONS FOR GOVERNMENT AND PARASTATAL BODIES
31. Formal tenders
32. Documents for formal tenders
33. Numbering of tenders
34. Date of submission of tenders
35. Reduced time limit
36. Extended time limit
37. Late tenders
38. Withdrawal of tenders
39. Procedure, etc., on opening of tenders
40. Tender documents
40A. Variation in works contracts
41. Tenders evaluation
42. Special formal tenders
43. Informal tenders
44. Tender samples
45. Proprietary articles as samples
46. Tender committee sample materials
47. Product specifications
48. Financing of works contract
49. Correspondence upon errors
50. Notification to successful tenderer
51. Non-anticipation of tenders
52. Amendment, alteration or substitution of samples, etc.
53. Price adjustment formulae
54. Invoices, etc.
55. Signing of contract
55A. Validity of purchase authorisation
56. Letter of intent etc.
57. Tenders relating to public security
58. Disposing of contract documents
59. Variation in quantities
60. Inspection of goods delivered
61. General conditions of contract
PART IX
GENERAL PROVISIONS
62. Offences and penalties
63. Tenders to be invited and approved only by board
64. Spent
[Regulations by the Minister]
SI 151 of 1995,
SI 132 of 1996,
SI 116 of 1997,
SI 43 of 1998,
SI 59 of 1998,
SI 14 of 2007.
PART I
PRELIMINARY
These Regulations may be cited as the Tender Regulations.
In these Regulations, unless the context otherwise requires—
“Board Secretary” means the Secretary to the Board appointed under section 15 of the Act;
“Central Tender Committee” means the Central Tender Committee established by regulation 3;
“certified procurement unit” means a procurement unit which has been certified by the Zambia National Tender Board under regulation 23B;
[Ins by reg 2(a) of SI 116 of 1997.]
“Controlled price” means a price of a commodity or service which is prescribed under the Control of Goods Act;
“Controlling Officer” shall have the meaning assigned to it under section 2 of the Finance (Control and Management) Act;
“formal tender” means a tender which is advertised in the Gazette;
“informal tender” means a tender which is not advertised in the Gazette, but for which competitive quotations have been obtained;
“non-responsive offer” means an offer whose contents do not conform with what is required in a tender document;
“official price” means the price of a commodity or service approved by the Central Tender Committee in a running contract;
“parastatal body” means any company, management board, association or statutory body in which the Government has a majority or controlling interest and includes a city, a municipality or a district council established under the Local Government Act;
“procurement unit” means a unit constituted under regulation 23A;
[Ins by reg 2(a) of SI 116 of 1997.]
“purchasing officer” means any officer whose responsibility it is to sign an order for the purchase of any goods or the supply of any service;
“running contract” means a contract extending over a period of time for an estimated or variable quantity of goods or services;
“supplies officer” means any person appointed as such by the Board under section 15 of the Act;
“tender committee” means a tender committee established by regulation 3, 7, 11 or 16;
....
["ZCCM" rep by reg 2(b) of SI 116 of 1997.]
PART II
CENTRAL TENDER COMMITTEE
3. Establishment of Central Tender Committee
There is hereby established the Central Tender Committee, in Lusaka, which shall perform such functions of the Board as are set out in these Regulations.
4. Composition of Central Tender Committee
(1) The Central Tender Committee shall consist of the following members:
(a) The Permanent Secretary responsible for financial management and accounting;
(b) The Permanent Secretary responsible for administration at Cabinet Office;
(c) The Permanent Secretary responsible for Works and Supply;
(d) the permanent Secretary responsible for budget and economic affairs;
(e) the Permanent Secretary responsible for Agriculture, Food and Fisheries;
(f) the Permanent Secretary responsible for education;
(g) the Permanent Secretary responsible for Local Government
(h) the Director of Zambia National Tender Board;
(i) the Deputy Governor of the Bank of Zambia;
(j) the Permanent Secretary in the Ministry responsible for health.
(k) the Commissioner-General of the Zambia Revenue Authority; and
(l) the Secretary to the Zambia National Tender Board;
[Reg 4(1) subs by reg 3(a) of SI 116 of 1997; 4(1)(j) subs by reg 2 of SI 14 of 2007.]
(2) There shall be a Vice-Chairman who shall be elected by the Central Tender Committee.
(3) A member appointed under subsection (1) may in writing appoint a senior officer from the organisation he represents to be the alternate and to attend and participate in his stead at any meetings of the Tender Committee which he is unable to attend.
[Reg 4(3) ins by reg 3(b) of SI 116 of 1997.]
5. Functions of Central Tender Committee
(1) The functions of the Central Tender Committee shall be to invite, examine and where appropriate, authorise all procurement of goods, works and services for both Government and parastatal bodies whose value is above the limits authorised in these regulations for tender committees established by regulation 7, 11 or 16.
[Reg 5(1) am by reg 4(a) of SI 116 of 1997.]
(2) Without prejudice to the generality of sub-regulation (1) the functions of the Central Tender Committee shall be to—
(a) invite, examine and where appropriate, award running contracts on common user goods or services;
[Reg 5(2)(a) am by reg 4(b)(i) of SI 116 of 1997.]
(b) examine and where appropriate, authorise the variation of tender procedures for the tender committees established under these Regulations;
[Reg 5(2)(b) am by reg 4(b)(ii) of SI 116 of 1997.]
(c) undertake and regulate registration of suppliers of goods, works and services.
6. Proceedings of Central Tender Committee
(1) Except as otherwise provided for in these Regulations, the Central Tender Committee shall determine its own procedure.
(2) The Central Tender Committee shall meet at such times and such places being not less than once in a month as the Chairman may determine.
(3) The Central Tender Committee shall cause minutes to be kept of the proceedings of every meeting and such minutes shall be transmitted to the Board as soon as practicable after the meeting at which they are confirmed.
(4) The Central Tender Committee may establish sub-committees and may appoint as members of such sub-committees, persons who are, or are not, members of the Central Tender Committee for any specific matter.
(5)The quorum of the Central Tender Committee shall be one half of the members.
[Reg 6(5) ins by reg 5 of SI 116 of 1997.]
(6) The Central Tender Committee shall communicate the decisions including any refusal and the grounds for the refusal to the Chief Executive Officer or the Controlling Officer, within seven days from the date of the meetings where such a decision is made.
[Reg 6(6) ins by reg 5 of SI 116 of 1997.]
PART III
PROVINCIAL TENDER COMMITTEES
7. Establishment of provincial tender committees
There is hereby established, in each province, a provincial tender committee for the procurement of goods, works and services in respect of provincial heads of expenditure falling under controlling officers designated as such in terms of section 4 of the Finance (Control and Management) Act.
8. Composition of provincial tender committees
(1) A provincial tender committee shall consist of the following members:
(a) the Permanent Secretary for the Province, who shall be Chairman;
(b) The Deputy Permanent Secretary for the Province, who shall be Vice-Chairman;
(c) the head of the Provincial Accounting Unit;
(d) the Provincial Agricultural Officer;
(e) the Provincial Commissioner of Works;
(f) the Provincial Education Officer;
(g) the Provincial Marketing and Co-operative Officer;
(h) the Provincial Medical Officer; and
(i) two other members of high standing, other than civil servants, who are ordinarily resident in the province and who shall be appointed by the Board for a period not exceeding two years.
[Reg 8(1)(i) am by reg 6(a) of SI 116 of 1997.]
(2) The procurement or supplies officer, shall be appointed Secretary of the tender committee.
[Reg 8(2) am by reg 6(b) of SI 116 of 1997.]
(3) A provincial tender committee may invite any person, whose presence is in its opinion desirable to attend and participate in the deliberations of the meetings of the Committee, but such person shall have not vote.
[Reg 8(3) ins by reg 6(c) of SI 116 of 1997.]
9. Functions of provincial tender committees
(1) The functions of a provincial tender committee shall be to invite, examine and where appropriate, authorise tenders relating to the procurement of goods, works and services for the Government within the limits provided for in Part VI.
[Reg 9(1) am by reg 7(a) of SI 116 of 1997.]
(2) Without prejudice to the generality of sub-regulation (1), a provincial tender committee shall within limits provided for in Part VI of these Regulations invite, examine and where appropriate, award running contracts on foodstuffs to be supplied to Government institutions whose expenditure heads fall under the control of the Provincial Permanent Secretaries.
[Reg 9(2) am by reg 7(b) of SI 116 of 1997.]
(3) A provincial tender committee shall perform its functions in accordance with the provisions of Part VI, VIII and IX.
[Reg 9(3) am by reg 7(c) of SI 116 of 1997.]
10. Proceedings of provincial tender committees
(1) Except as provided for in these Regulations, a provincial tender committee shall determine its own procedure.
(2) A provincial tender committee—
(a) shall meet at such times and such places being not less than once in a month as the Chairman may determine;
(b) shall cause minutes to be kept of the proceedings of every meeting and such minutes shall be transmitted to the Board as soon as practicable after the meeting at which they are confirmed; and
(c) may establish sub-committees and appoint as members, of such sub-committees persons who are, or are not, members of the provincial tender committee for the purpose of advising the committee on any specific matter.
(3) The quorum at any meeting of a provincial tender committee shall be one half of the members.
[Reg 10(3) ins by reg 8 of SI 116 of 1997.]
(4) The secretary of a provincial tender committee shall communicate all decisions, including any refusal and the grounds for the refusal, to heads of departments or organisations within seven days of such decision.
[Reg 10(4) ins by reg 8 of SI 116 of 1997.]
PART IV
PARASTATAL TENDER COMMITTEES
11. Establishment of parastatal tender committees
There is hereby established in the governing body of every parastatal body a parastatal tender committee.
Notwithstanding regulation 11, where the physical structure of a particular parastatal body is too small to be able to constitute a tender committee in accordance with these Regulations, the Board shall prescribe the procedures to be followed by such a parastatal body.
13. Composition of parastatal tender committees
(1) A city or municipal council tender committee shall consist of the following members;
(a) The Town Clerk, who shall be Chairman;
(b) the Director of Administration, who shall be Vice-Chairman;
(c) the Director of Finance;
(d) the Director of Engineering;
(e) the Director of Housing and Social Services;
(f) the Director of Legal Services;
(g) the Director of Public Health; and
(h) two other members, other than members of the council, who are ordinarily, resident in the district, and who shall be appointed by the Board for a period of two years.
(2) The head of the section responsible for purchasing and supply in the council shall be appointed as the Secretary of the tender committee.
[Reg 13(2) am by reg 9(a) of SI 116 of 1997.]
(3) A district council tender committee shall consist of-
(a) the Chief Executive of the local authority who shall be the Chairman;
(b) the Head of Administration of the local authority;
(c) the Director of Works;
(d) the Head of Finance
(e) the Chief Executive of the District Health Board;
(f) the District Education Officer;
(g) the District Agricultural Officer;
(h) the Headmaster of one of the secondary schools in the district; and
(i) the administrative officer of the District Council, who shall be the secretary.
[Reg 13(3) subs by reg 9(b) of SI 116 of 1997.]
(4) A tender committee for a parastatal body, other than a local authority established under the Local Government Act, shall consist of eight members appointed by the Board, on the recommendation of the Chief Executive:
Provided that-
(a) five of the members shall be heads of departments from the key departments of the parastatal body of which one shall be head of the purchasing department; and
(b) two shall be from outside the parastatal body.
[Reg 13(4) subs by reg 9(b) of SI 116 of 1997.]
(5) The Chief Executive of a parastatal body shall be the Chair-man of the tender committee established under sub-regulation (4);
[Reg 13(5) subs by reg 9(b) of SI 116 of 1997.]
(6) The Vice-Chairman of a tender committee established under sub-regulation (4) shall be appointed by the members of the tender committee.
[Reg 13(6) am by reg 9(c) of SI 116 of 1997.]
(7) The head of the department responsible for purchasing and supply in a parastatal shall be the secretary to the tender committee.
[Reg 13(7) ins by reg 9(d) of SI 116 of 1997.]
(8) Notwithstanding sub-regulation (7) a person employed in the accounting or finance department of a parastatal shall not be appointed as secretary to the tender committee.
[Reg 13(8) ins by reg 9(d) of SI 116 of 1997.]
14. Functions of parastatal tender committees
(1) The functions of a parastatal tender committee shall be to invite, examine and where appropriate, authorise the procurement of goods, services and works within limits specified in Part VII:
Provided that the operating expenditure in the form of trading, investments or business nature shall not be subject to the limits specified in Part VII.
[Reg 14(1) subs by reg 10(a) of SI 116 of 1997.]
(2) Without prejudice to the generality of sub-regulation (1), a parastatal tender committee shall—
(a) invite, examine and where appropriate, award running contracts; and
[Reg 14(2)(a) am by reg 10(b)(i) of SI 116 of 1997.]
(b) examine and where appropriate, authorise the variation of tender procedures.
[Reg 14(2)(b) am by reg 10(b)(ii) of SI 116 of 1997.]
(3) A parastatal tender committee, other than that of a local authority established under the Local Government Act, shall perform its functions in accordance with the provisions of Part VIII and IX.
[Reg 14(3) subs by reg 10(c) of SI 116 of 1997.]
(4) A local authority tender committee shall perform the functions in accordance with the provisions of Part VI, VII and IX.
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.