Tanzania
Public Procurement Act
Chapter 410
- Published in Tanzania Government Gazette
- Commenced on 1 July 2001
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-4)
1. Short title
This Act may be cited as the Public Procurement Act.2. Application
3. Interpretation
4. International obligation
To the extent that this Act conflicts with an obligation of the United Republic under or arising out of—Part II – Central Tender Board and other procurement authorities (ss. 5-18)
5. Establishment
6. Composition, appointment and procedures of the Central Tender Board
The composition of the Central Tender Board, the method of appointment of members and the procedures to be followed by the Board shall be set out in the First Schedule to this Act.7. Functions of the Central Tender Board
8. Review of complaints or disputes
The Board shall review complaints or disputes and make decisions in accordance with subsection (6) of section 69 of this Act.9. Central Tender Board Secretariat
10. Executive Secretary of the Board
11. Ministry and independent department tender boards
12. Regional tender boards
13. District tender boards
14. Local government authority tender board
15. Parastatal tender boards
16. Award of contracts
17. Powers of tender boards
18. Tender boards and procuring entities to strive to achieve standards of equity
In the execution of their duties, tender boards and procuring entities shall strive to achieve the highest standards of equity, taking into account—Part III – Procurement (ss. 19-30)
19. Duties of procuring entities
20. Qualifications of suppliers, contractors and consultants
21. Pre-qualification proceedings
A procuring entity may engage in pre-qualification proceedings with a view to identify suppliers, contractors or consultants either prior to inviting tenders for the procurement of goods, works or services, or after taking part in any other procurement proceedings and the provisions of subsection (4) of section 20 of this Act shall apply to pre-qualification proceedings.22. National preferences
23. Exclusive preference to local persons or firms
24. Procurement from Government Stores Department
25. Standards
Requirements and terminology which discriminate unfairly against participation by suppliers, contractor or consultants shall not be included in pre-qualification and tender documents.26. Language
27. Tender securities
Where the procuring entity requires suppliers, contractors or consultants who are submitting tenders to provide any form of tender security, or any form of guarantee or bond against satisfactory performance of the contract, such requirement shall apply equally to all suppliers, contractors or consultants.28. Rejection of all tenders or all proposals
29. Acceptance of tender and entry into force of a procurement contract
30. Records, information and notices
Part IV – Methods of procurement (ss. 31-56)
31. Selection of methods of procurement
32. Competitive quotations
A procuring entity may engage in procurement by means of a receipt of competitive priced quotations for goods, works or services from at least three different suppliers or contractors provided that the estimated value of the procurement contract is less than the amount set forth in the Regulations as being the maximum allowed for such procurement and the successful quotation shall be that offering the lowest evaluated cost.33. Single source procurement
34. Procurement of minor value
Goods, works and services of minor value as may be determined by the Minister in the Regulations may be procured directly by a procuring entry without seeking competition in accordance with the procedure prescribed in the Regulations.35. Use of a procurement agent
A procuring entity may appoint a procurement agent on competitive basis to carry out procurement proceedings on its behalf, as long as—36. Competitive tendering for goods or works
A procuring entity wishing to commence competitive tendering shall provide all eligible prospective suppliers or contractors with timely and adequate notification of the procuring entity's requirements and an equal opportunity to tender for the required goods or works.37. Invitation to tender and advertising
38. Issue of tender documents
39. Contents of tender document
40. Validity of tender and tender security
The procuring entity shall require tenderers to make their tenders and tender securities valid for periods specified in the tendering documents, and such periods shall be sufficient to enable the procuring entity to complete the comparison and evaluation of the tenders and for the appropriate tender board to review the recommendations and give its approval for the contract or contracts to be awarded whilst the tenders are still valid.41. Evaluation criteria
42. Receipt of tenders and tender opening
43. Evaluation and comparison of tenders
44. Approval of award of contract
The tender board shall review the evaluation and recommendation made by the procuring entity and may either–45. Selection of consultants
A procuring entity may, when selecting consultants use any one of the following principal selection methods–46. Competitive selection of consultants
47. Request for proposals
48. Letter of invitation
The letter of invitation shall state the intention of the procuring entity to enter into a contract for the provision of consulting services, the source of funds, the details of the client and the date, time, and address for submission of proposals, the names of consultants invited to submit proposals and shall ask the consultants to confirm that they will submit proposals.49. Information to consultants
The information to consultants shall contain all necessary information that would help consultants prepare responsive proposal, and shall bring as much transparency as possible to the selection procedure by providing information on the evaluation criteria and factors and their respective weights and the minimum passing quality score and shall specify the proposal validity period.50. Contract
51. Receipt of proposals
52. Setting threshold
53. Evaluation of proposals and consideration of quality and cost
54. Evaluation of quality
55. Combined quality and cost evaluation
56. Negotiations and award of contract
Part V – Authorisation of contracts (ss. 57-59)
57. Limits of authority
58. Alteration and amendments
59. Additions to contract value
Any additions to the value of a procurement contract—Part VI – Prohibition (ss. 60-64)
60. Fraud and corruption
61. Conducts influencing public officers
62. Disclosure of payment made by way of commission
63. Conduct of directors, servants or agents
64. Institution of criminal proceedings
The measures provided by this Act shall not preclude the institution of criminal proceedings pursuant to the Penal Code11, the Prevention of Corruption Act 12, or any other written Law against any person discharging functions or exercising powers under this Act or Regulations made under this Act.Part VII – Dispute settlement (ss. 65-74)
65. Establishment of the Appeals Authority
There is hereby established in the Ministry of Finance, the Public Procurement Appeals Authority.66. Composition and appointment of a Public Procurement Appeals Authority
67. Functions of the Public Procurement Appeals Authority
The Public Procurement Appeals Authority shall entertain appeals against tender boards, clarify the issues in dispute between the parties and shall endeavour to bring about agreement between the parties upon mutually acceptable terms, and the parties shall co-operate in good faith with the Public Procurement Appeals Authority in order to enable it to carry out its functions and they shall be bound by its decisions.68. Right to review
69. Settlement of complaints or disputes by procuring entities and approving authorities
70. Administrative review
71. Review by the public Procurement Appeals Authority
72. Certain rules applicable to review proceedings under sections 69, 70, and 71
73. Suspension of procurement proceedings
74. Judicial review
The Court of competent jurisdiction shall have jurisdiction over actions pursuant to section 68 and petitions for judicial review of decisions made by bodies or failure of those bodies to make a decision within the prescribed time-limit, pursuant to sections 69, 71, and 73.Part VIII – Miscellaneous provisions (ss. 75-76)
75. Regulations
76. Disapplication of other laws
Upon the coming into operation of this Act, all laws, regulations or rules relating to public procurement shall cease to have any effect, power, function, authority or duty in relation to any matter connected with procurement of goods, service or works.History of this document
31 July 2002 this version
Consolidation
01 July 2001
Commenced
Cited documents 4
Legislation 4
1. | Executive Agencies Act | 42 citations |
2. | Public Finance Act | 18 citations |
3. | Prevention of Corruption Act | 17 citations |
4. | Local Government Finances Act | 8 citations |
Documents citing this one 46
Judgment 40
Gazette 3
1. | Tanzania Government Gazette dated 2013-12-20 number 51 | |
2. | Tanzania Government Gazette dated 2016-12-30 number 54 | |
3. | Tanzania Government Gazette supplement number 6 dated 2010-02-05 number 6 |
Legislation 3
1. | Registration of Documents Act | 59 citations |
2. | Freehold Titles (Conversion) and Government Leases Act | 3 citations |
3. | Land Registration Act | 2 citations |