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Public Procurement and Disposal of Public Assets (Force Account Mechanism) Regulations

Statutory Instrument 15 of 2014 Current version · as at 14 February 2014
Enacted2014
Commenced03 March 2014
Last amended—
Point-in-time consolidation · as at 14 February 2014. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 4 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Public Procurement and Disposal of Public Assets (Force Account Mechanism) Regulations

Commenced on 03 March 2014

[This is the version of this document at 14 February 2014.]

3. Determination of the costs of the force account mechanism

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Determination of the costs of the force account mechanism”.

“Determination of the costs of the force account mechanism”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Determination of the costs of the force account mechanism”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

6. Appointment of public officer to manage

works using force account The Public Procurement and Disposal of Public Assets (Force Account Mechanism) Regulations, 2014. (Made under sections 95A and 96 (1) of the Public Procurement and Disposal of Public Assets Act, 2003).

IN EXERCISE of the powers conferred upon the Minister responsible for finance by sections 95A and 96(1) of the Public Procurement and Disposal of Public Assets Act, 2003, on the recommendation of the Authority and with the approval of Parliament, these Regulations are made, this 6th day of February, 2014.

These Regulations may be cited as the Public Procurement and Disposal of Public Assets (Force Account Mechanism) Regulations, 2014. (2) These Regulations shall come into force on the 3rd day of March, 2014.

In these Regulations, unless the context otherwise requires-

"Act" means the Public Procurement and Disposal of Public Assets Act, 2003;

"competent authority" means a Government office which has the mandate to perform a specified function;

"works" means any work associated with the construction, reconstruction, demolition, repair or renovation of a building or structure, on the surface or underground, on or under water.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Appointment of public officer to manage”.

“works using force account The Public Procurement and Disposal of Public Assets (Force Account Mechanism) Regulations, 2014. (Made under sections 95A and 96 (1) of the Public Procurement and Disposal of Public Assets Act, 2003).”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Appointment of public officer to manage”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. "Act" means the Public Procurement and Disposal of Public Assets Act, 2003;
  2. "competent authority" means a Government office which has the mandate to perform a specified function;
  3. "works" means any work associated with the construction, reconstruction, demolition, repair or renovation of a building or structure, on the surface or underground, on or under water.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Public Procurement and Disposal of Public Assets Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

3. Determination of the costs of the force account mechanism

(1)

To determine that the direct, indirect and overhead costs to be incurred in using the force account mechanism are less than would be incurred if the assignment was executed by a contractor, as required by section 95 A (3) (b) of the Act, a procuring and disposing entity shall cost the indirect and overhead costs to be incurred using the force account, using the rates provided by a competent authority.

(2)

The indirect and overhead costs to be incurred by a procuring and disposing entity shall be compared with the cost that would be incurred if the assignment was executed by a contractor.

(3)

To determine that no contractor is willing to execute the assignment, as required by section 95A (4) of the Act, a procuring and disposing entity shall-

(a)

make an assessment of previous similar procurements for works where no contractor was willing to execute a similar assignment for the procuring and disposing entity or for another procuring and disposing entity; or

(b)

use the procuring and disposing entity's knowledge of the market.

(4)

For the purposes of this regulation, a procuring and disposing entity may request another procuring and disposing entity or a competent authority to cost the indirect or overhead costs.

The procuring and disposing entity shall procure the equipment and supplies required to undertake works using the force account mechanism using procurement rules and methods in the Act.

(1)

For the purposes of these Regulations, an Accounting Officer shall, in writing, appoint a member of the procuring and disposing entity as supervisor, to supervise the works to be executed using these Regulations.

(2)

The supervisor shall-

(a)

approve the work plan;

(b)

supervise the progress of the assignment;

(c)

verify the works undertaken and the costs of the works; and

(d)

issue performance and completion certificates in respect of the assignment.

(3)

The supervisor shall supervise the public officer appointed under regulation 6.

(a)

the functions and powers of the supervisor;

(b)

the duration of the assignment;

(c)

the reporting mechanism between the supervisor and the Accounting Officer; and

(d)

the facilitation to be given to the supervisor.

(5)

The supervisor shall submit to the Accounting Officer, progress reports and at the completion of the assignment, a final report. with the approval of the Accounting Officer of another procuring and disposing entity, appoint a member of that procuring and disposing entity to perform the functions of supervisor, specified in this regulation.

6. Appointment of public officer to manage works using force

account mechanism. (1) The Accounting Officer shall appoint a public officer from the procuring and disposing entity to manage works executed using the force account mechanism.

(2)

The public officer appointed under this regulation shall manage the works and the personnel to be used in the execution of the works and shall be responsible for the equipment to be used.

(a)

the scope of works to be carried out by the public officer;

(b)

the powers of the public officer to be exercised in the execution of the works;

(c)

the equipment to be used for the works;

(d)

the personnel of the procuring and disposing entity to be engaged in the works;

(e)

the duration of the works to be executed;

(f)

where applicable, the personnel and equipment of another procuring and disposing entity to be used;

(g)

the direct, indirect and overhead costs projected for the works; and

(h)

any facilitation to be given to the public officer.

(4)

The public officer appointed under this regulation shall, prepare a work plan for the execution of the works, for the approval of the

(5)

The public officer shall-

(a)

fill a daily work sheet to indicate the works executed;

(b)

submit monthly reports to the supervisor; and

(c)

submit a report on the assignment at its completion, including the daily work sheets filled under paragraph (a), to the request another procuring and disposing entity to perform the functions of the public officer specified in this regulation.

MARIA KIWANUKA, Minister of Finance, Planning and Economic Development.

Original Laws of Uganda consolidation (as at 14 February 2014) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.