Public Procurement Act, No. 28 of 2024
NOTE: Assented to and published in English, with alternative copy in Tswana, except iro notice of assent date in English, and except iro title/text/engrossments in the following sections: Sch Items1 to 10, 12, 14, 16, and 17 (Tswana/Tswana/Afrik) Item11, 15 (Tswana/Tswana/Zulu), Item13 (Tswana/Tswana/Tswana

Long title

To regulate public procurement; to prescribe a framework within which preferential procurement must be implemented; and to provide for matters connected therewith.

Table of contents

SECTION	TITLE
	PREAMBLE
	ARRANGEMENT OF SECTIONS
	CHAPTER 1 DEFINITIONS, OBJECTS, APPLICATION AND ADMINISTRATION OF ACT
1.	Definitions
2.	Objects of Act|
3.	Application and administration of Act
	CHAPTER 2 PUBLIC PROCUREMENT OFFICE, PROVINCIAL TREASURIES AND PROCURING INSTITUTIONS
	Part 1 Public Procurement Office
4.	Establishment of Public Procurement Office
5.	Functions of Public Procurement Office
	Part 2 Provincial treasuries
6.	Functions of provincial treasuries
	Part 3 Procuring institutions
7.	Decision-making for procuring institution
8.	Duties of procuring institution
	CHAPTER 3 PROCUREMENT INTEGRITY AND DEBARMENT
9.	Codes of conduct
10.	Conduct of persons involved in procurement
11.	Due diligence and declaration of interest regarding persons involved in procurement
12.	Undue influence
13.	Automatic exclusion from submitting bid
14.	Directions inconsistent with Act
15.	Debarment
	CHAPTER 4 PREFERENTIAL PROCUREMENT
16.	Preferential framework, procurement policies and application of provisions
17.	Set-aside for preferential procurement
18.	Pre-qualification criteria for preferential procurement
19.	Subcontracting as condition of bid
20.	Designation of sectors for local production and content
21.	Measures to advance sustainable development
22.	Measures for beneficiation and innovation, advancing creation of jobs, intensification of labour absorption and development of small enterprises within particular geographical area
23.	Contracting conditions
	CHAPTER 5 GENERAL PROCUREMENT REQUIREMENTS
	Part 1 Procurement system, methods and related matters
24.	Procurement system and methods
25.	Use of another organ of state
26.	Measures to prevent abuse of procurement system
27.	Bid committee system
	Part 2 Use of technology in procurement
28.	Information and communication technology-based procurement system
29.	Use of technology by procuring institutions
	Part 3 Access to procurement processes and information
30.	Access to procurement processes
31.	Disclosure of procurement information
32.	Documents to be made available
33.	Access by certain authorities to information held by Public Procurement Office and provincial treasuries
34.	Protection of information
	CHAPTER 6 DISPUTE RESOLUTION
	Part 1 Reconsideration of decision to award
35.	Reconsideration by procuring institution
	Part 2 Public Procurement Tribunal
36.	Establishment of Tribunal
37.	Composition of Tribunal
38.	Qualification of members of Tribunal
39.	Functions of Chairperson and Deputy Chairperson of Tribunal
40.	Disclosure of interest by member of Tribunal
41.	Term of office, termination of membership and conditions of service of members of Tribunal
42.	Finances of Tribunal
43.	Resources of Tribunal
44.	Conduct of persons involved in work of Tribunal
45.	Panels of Tribunal
46.	Tribunal rules
	Part 3 Review process
47.	Review of decision of procuring institution
48.	Review of decision to debar
49.	Fee
50.	Review proceedings
51.	Tribunal orders
52.	Judicial review and enforcement of Tribunal orders
	Part 4 Stand still process
53.	Prohibition on concluding contract during reconsideration or review proceedings
	CHAPTER 7 GENERAL PROVISIONS
54.	Investigation by Public Procurement Office
55.	Power to enter and search premises
56.	Warrants
57.	Delegation
58.	Limitation of liability
59.	Financial misconduct
60.	Offences
61.	Exemption
62.	Departures
63.	Regulations
64.	Instructions
65.	In writing requirement
66.	Transitional measures
67.	Amendment and repeal of legislation and saving
68.	Review of Act
69.	Short title and commencement
Sch.	SCHEDULE AMENDMENT AND REPEAL OF LEGISLATION [s67]

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