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Frequently Asked Questions

FAQ

Which procurement goes to the Special Procurement Oversight Committee?

In terms of Section 10 (5), the threshold for scrutiny of especially valuable procurement contracts by the Special Procurement Oversight Committee in terms of Section 54. Procurements at or above the following thresholds shall be presented to the Committee for review:- 

Class A Procuring Entity

Threshold

a)     for construction works

500 000.00

b)    for goods

250 000.00

c)     for non-consultancy and consultancy services

100 000.00

 

Class B Procuring Entity

 

a)     for construction works

250 000.00

b)    for goods

150 000.00

c)     for non-consultancy and consultancy services

75 000.00

 

Class C Procuring Entity

 

a)     for construction works

200 000.00

b)    for goods

100 000.00

c)     for non-consultancy and consultancy services

50 000.00

What procurement limits is the responsibility of procuring entities?

In terms of Section 14(1) of the Act read together with Section 10 (1) of the Regulations, procuring entities shall be responsible for managing their own

Procurement where the price of the procurement requirement is below—

  1. US$200 000.00, in the case of construction works; or
  2. US$100 000.00, in the case of goods; or
  3. US$50 000.0, in the case of consultancy and non-consultancy services;

What is the role of the Evaluation committees of procuring entities?

In terms of Section 18 (1) of the Act, for each procurement above the prescribed threshold, the accounting officer of a procuring entity shall appoint an evaluation committee whose functions shall, in terms of  Section 18 (4), be:-

  1.  receiving from the procurement management unit the bid opening records and bids; and
  2. evaluating bids and preparing the bid evaluation report and recommendations for award of a contract; and
  3. submitting its evaluation reports to the procurement management unit; and
  4. exercising any other functions conferred or imposed on the committee by or under the Act.

In terms of Section 18 (2), an evaluation committee shall consist of:-

  1. a financial officer of the procuring entity; and
  2. the person responsible for preparing the requirements and additionally, or alternatively, the technical specifications for the procurement concerned, or a person with equivalent technical expertise; and
  3. at least three other members, including—
  4. one member of the procuring entity’s procurement management unit who shall attend meetings of the evaluation committee as an adviser and shall not have a vote on any issue to be decided by the committee; and
  5. one or more other members to provide technical, legal, financial or commercial expertise, as appropriate.

In terms of Section 18 (5), in the exercise of its functions an evaluation committee shall be answerable to the procurement management unit or accounting officer of its procuring entity.

What happens if the procuring entity does not have its own procurement management unit?

In terms of Section 17 (4), where the level of a procuring entity’s procurement activity does not justify the entity creating its own procurement management unit—

  1. the entity’s procurement activities shall be carried out by its parent body; or
  2. if the entity’s parent body is unable to carry out the entity’s procurement activities, the entity’s accounting officer may, subject to availability of funds, and any guidelines issued by the Authority—
  3. with the consent of the other procuring entity concerned, appoint another procuring entity’s procurement management unit to conduct those activities; or
  4. appoint an independent procurement agent to conduct those activities.

What are the functions of the Procurement management unit of procuring entity?

In terms of Section 17 (3), the functions of a procurement management unit shall be:-

  1. planning the procurement activities of its procuring entity; and
  2. securing the adoption of the appropriate method of procurement; and
  3. preparing bidding documents in compliance with provisions in or under the Act for the design of contract specifications and the evaluation criteria; and
  4. preparing bid notices and short-lists; and
  5. managing bidding processes, including pre-bid meetings, clarifications and the receipt and opening of bids; and
  6. managing the evaluation of bids and any post-qualification negotiations required; and
  7. supervising its procuring entity’s evaluation committee and receiving evaluation reports from the committee and ensuring that they are correct and have been prepared in accordance with the Act; and
  8. preparing evaluation reports, including contract award recommendations, where the value of the procurement is less than the prescribed threshold; and
  9. submitting all evaluations to its procuring entity’s accounting officer, with confirmation that the procedure followed has complied with the Act; and
  10. preparing contract documents and amendments; and
  11. managing procurement contracts or overseeing their management; and
  12. preparing such procurement reports as may be required by the procuring entity’s accounting officer or the Authority; and

exercising any other function conferred or imposed on the unit by or under this Act or by its accounting officer or procuring entity.

What is the role of the Procurement management unit of procuring entity?

In terms of Section 17 (1) of the Act, every procuring entity shall establish a procurement management unit (PMU) headed by the accounting officer, which shall be responsible for managing all the entity’s procurement activities in accordance with the Act.

In terms of Section 17 (2), the accounting officer of a procuring entity shall determine the size, location and structure of the entity’s procurement management unit, taking into account the entity’s procurement requirements and the availability of trained and experienced persons to staff the unit.

When can a procuring entity start its own procurement proceedings?

Section 102 (6) requires that every procuring entity that wishes to conduct procurement proceedings for which authorisation is required in terms of section 15 shall, as soon as possible after the date the Act became operational, apply for authorisation in accordance with the Third Schedule of the Act.

 In terms of Section 15 (1) of the Act, A procuring entity shall not initiate or conduct any procurement proceedings in which the value of the procurement requirement is at or above the prescribed threshold unless the procuring entity has been generally authorised by the Authority to conduct such proceedings, which authorisation shall be given in writing, may be subject to such terms and conditions as the Authority may specify in the authorisation; and shall be valid for a period of two years from the date on which it was given, and may be renewed for further such periods.

What is the transitional period?

Section 103 of the Act defines the “transitional period” as the period of two years immediately following the date the Public Procurement and Disposal of Public Assets Act [Chapter 22:23] (No. 5 of 2017) becomes operational, which date is January 1, 2018.

Section 102 (3) of the Act further assets that any property or asset and any obligation which, immediately before January 1, 2018, vested in or, as the case may be, had been incurred by the State Procurement Board established under the repealed Act shall on and after that date be property or an asset or obligation of the Authority.

Section 102 (4) state that any procurement proceedings commenced before the fixed date shall be completed in accordance with the repealed Act, any reference to the State Procurement Board being construed as a reference to the Authority: Provided that the Authority may, by written notice to the procuring entity concerned, direct that any provision of this Act that is specified in the notice shall apply to the proceedings, and that provision shall thereupon apply accordingly, subject to any modification stated in the notice.

Section 102 (5) requires that any direction or order which was given by the State Procurement Board under the repealed Act and which, immediately before the fixed date, had or was capable of acquiring legal effect shall continue to have or to be capable of acquiring, as the case may be, the same effect as if it had been given by the Authority.

Section 102 (6) requires that every procuring entity that wishes to conduct procurement proceedings for which authorisation is required in terms of section 15 shall, as soon as possible after the fixed date, apply for authorisation in accordance with the Third Schedule of the Act.

 In terms of Section 102 (7), where an application for authorisation has been made in terms of subsection (6), the Authority—

  1. shall assess the capacity of the procuring entity concerned as soon as possible in accordance with the Third Schedule of the Act; and
  2. pending completion of the assessment, may grant the procuring entity concerned temporary authorisation to conduct procurement proceedings subject to such terms and conditions as the Authority may notify in writing to the entity.

Is Zimbabwe already using E-GP?

Zimbabwe is not yet using an e-GP System. Work is underway to acquire and implement a fully fledged E-GP System. This website is the first stage towards a fully fledged end-to-end e-GP System.

What is a Bid Bond, and do all Tenders require bidders to acquire Bid Bonds?

bid bond / bid security is a guarantee, that the winning bidder will undertake the contract under the terms at which they bid. It is issued as part of a tendering process by the bidder to the project owner.

In terms of Section 11 (1) of the Procurement Regulations (S.I. 171 of 2002) all Tender Documents shall be subjected to the requirements for a bid bond or bid security or guarantee.

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