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Public Procurement Act (Chapter 37:03)

Country/Territory
Malawi
Document type
Legislation
Date
2003
Source
FAO, FAOLEX
Long title
An Act to provide for the principles and procedures to be applied in, and to regulate, the public procurement of goods, works and services; to provide for the establishment of the office of Director of Public Procurement as the main authority responsible for the monitoring and oversight of public procurement activities, and, for the development of the related regulatory and legal framework and professional capacity of public procurement; and to make provision for matters connected therewith or incidental thereto.
Subject
Agricultural & rural development, General
Keyword
Framework law Governance Public private partnership (PPP) Concession Contract/agreement Business/industry/corporations Agricultural commodities
Geographical area
Africa, Eastern Africa, Landlocked Developing Nations, Least Developed Countries
Abstract

This Act establishes the principles and procedures to be applied in, and to regulate, the public procurement of goods, works and services. Part 2 establishes the office of Director of Public Procurement as the main authority responsible for the monitoring and oversight of public procurement activities, and, for the development of the related regulatory and legal framework and professional capacity of public procurement. Part 3 also requires that Internal Procurement Committees shall be established in all Ministries, departments and parastatal organizations, and other entities and authorities of public administration in Malawi, and provides for the composition and staffing. Part 4 sets principles and rules that apply to the ascertainment by procuring entities of the qualifications of bidders at any stage of the procurement proceedings, including pre-qualification proceedings if they take place, or at any other stage. Section 15 contains rules concerning description of goods, works and services, this section establishes that in the preparation of bidding and pre-qualification documents, any specifications, plans, drawings and designs goods, setting forth the technical or quality characteristics of the goods, construction or services to be procured, and requirements concerning testing and test methods, packaging, marking, labeling, or conformity certification, symbols and terminology, or description of services, and any contract terms, shall be drawn up in an objective, and performance and function based manner, so as to maximize competition and avoid creating obstacles to participation by bidders in the procurement proceedings, while ensuring that applicable national and international standards and the requisite quality levels are met. Section 28 recognizes that it is the policy of the Government to provide maximum opportunities for small and medium-sized enterprises to participate as suppliers, contractors, consultants and subcontractors in public procurement. Part 5 and 6 concern methods, principles and procedures of procurement and their conditions for use.

Full text
English
Website
malawilii.org

References - Legislation

Implemented by

Public Procurement Regulations, 2020.

Legislation | Malawi | 2020

Keyword: Basic legislation, Institution, Equity, Gender, Contract/agreement, Public health, Governance, Public private partnership (PPP), Concession, Business/industry/corporations, Agricultural commodities, Protection of environment, Risk assessment/management

Source: FAO, FAOLEX