Public Procurement and Disposal of Public Assets (Negotiations) Regulations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. (d) the bidding is for groups of procurements which are similar, for the purpose of preparing a shortlist.

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

1. (1) A procuring and disposing entity shall invite consultants or consulting firms to provide consultancy services by publishing a notice to interested consultants or consulting firms to submit expressions of interest.
2. (2) A procuring and disposing entity shall publish the notice inviting expressions of interest in at least one newspaper of wide circulation in Uganda.
3. (3) The notice inviting expressions of interest may in addition to being published in a newspaper, be published in the relevant professional publication.
4. (4) Where a procuring and disposing entity does not expect the required consultancy services to be available from at least six consultants or consulting firms in Uganda, the notice inviting expressions of interest shall be published in a publication of wide international circulation.
5. (5) The notice inviting expressions of interest shall on the date of publication of the notice, be displayed on the website of the Authority and on the procurement and disposal notice board of the procuring and disposing entity and where available, on the website of the procuring and disposing entity, and shall remain on display up to the date of closing of submission of expressions of interest.
6. (6) A procuring and disposing entity may publish an abridged version of the notice inviting expressions of interest and where the procuring and disposing entity publishes an abridged version-
7. (a) the abridged notice shall indicate the website address where the full notice may be viewed; and
8. (b) the full notice shall be displayed on the website of the Authority and where available, of the procuring and disposing entity.

3 further items remain in the statutory text above.

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

1. (1) The period for expressions of interest shall start on the date the notice is first published and end on the deadline for submission of expressions of interest.
2. (2) The period shall be determined taking into consideration- (a) the level of detail required in the expression of interest; (b) whether the consultants or consulting firms are required to submit authenticated legal documents or similar documents as part of the proposals and the time required to obtain these documents; and (c) the location of the consultants or consulting firms and the time required to deliver the expression of interest to the procuring and disposing entity.
3. (3) The minimum period for expressions of interest shall be- (a) ten working days, where the notice is only published in Uganda; and (b) fifteen working days, where the notice is published internationally.

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

1. (2) The evaluation of expressions of interest shall determine- (a) the capacity of a consultant or consulting firm to perform the assignment successfully; and (b) the eligibility of a consultant or consulting firm.
2. (3) In determining the capacity of the consultant or consulting firm to perform an assignment successfully, the Evaluation Committee shall establish- (a) the experience of the consultant or consulting firm in assignments of a similar nature;
3. (b) the experience of the consultant or consulting firm in countries with conditions similar to the conditions in Uganda; (c) the skills of the consultant or consulting firm that are relevant to the assignment; and (d) any other criteria that is relevant to the capacity of the consultant or consulting firm to perform the assignment.
4. (4) In determining the eligibility of the consultant or consulting firm, the Evaluation Committee shall establish whether- (a) the consultant or consulting firm has the legal capacity to enter into a contract with the procuring and disposing entity; (b) the consultant is not bankrupt or the consulting firm is not insolvent, in receivership, bankrupt or being wound up, as the case may be; (c) the business activities of the consultant or consulting firm are not suspended; (d) the consultant or consulting firm is not the subject of legal proceedings for any of the circumstances mentioned in paragraph (b); (e) the consultant or consulting firm fulfilled the obligations to pay taxes and where applicable, made social security contributions in Uganda; (f) the consultant or consulting firm does not have a conflict of interest in relation to the subject of the procurement; (g) the consultant or consulting firm is not suspended by the Authority; and (h) the consultant is not a member of the procuring and disposing entity as defined in section 91U of the Act.
5. (5) For the purpose of subregulation (4), the consultant or the consulting firm, as the case may be, shall be required to submit the following documents, with the expression of interest- (a) a copy of the trading licence or its equivalent; (b) a copy of the certificate of registration or its equivalent; (c) a signed statement indicating that the consultant or consulting firm does not have a conflict of interest in the subject of the procurement; and (d) any other relevant documents or statements as may be stated in the notice inviting expression of interest.
6. (6) Subregulation (5) (a) and (b) shall not apply to a consultant or consulting firm that is registered by the Authority on the register of providers.
7. (7) Where the business of a consultant or consulting firm is not registered in Uganda and a document required in subregulation (5) is not available in the country of the consultant or consulting firm, the consultant or consulting firm shall submit an alternative document or a statement affirming that the document is not available in the country of the consultant or consulting firm.
8. (8) A procuring and disposing entity shall verify the accuracy, validity and authenticity of the documents submitted by a consultant or consulting firm under subregulation (5) or (7).

4 further items remain in the statutory text above.

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

1. (2) A procuring and disposing entity shall where requested by a consultant or consulting firm that is not shortlisted, provide the consultant or consulting firm with a debrief stating the reasons for the failure of the expression of interest of that consultant or consulting firm as the case may be.
2. (3) The debrief shall- (a) include a copy of the shortlist of the consultants or consulting firms approved for the consultancy service; and (b) include brief details of the reasons why the consultant or consulting firm was not shortlisted and the reasons why the consultant or consulting firm did not meet the required standard or the relative weaknesses of the expression of interest of the consultant or consulting firm against the evaluation criteria.
3. (4) The debrief shall be unique to a consultant or consulting firm, as the case may be, and shall not provide details of any other expression of interest except the information specified under subregulation (3) or information which is available publicly.
4. (5) A procuring and disposing entity shall provide the debrief within two working days of receipt of a request.

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

1. (1) Where the pre-qualification process is for a group of procurements which are similar, the procuring and disposing entity shall apply regulations 28, 29 and 30 of these Regulations.
2. (2) The pre-qualification notice and document, shall specify the period of time for which the pre-qualification is to be used. (3) The list of pre-qualified providers for groups of procurements which are similar shall be updated periodically.
3. (4) The procuring and disposing entity shall verify the information submitted by a provider under this regulation, before that provider is shortlisted.

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

1. (1) Where exceptional circumstances prevent the use of competitive bidding and where the conditions for using the direct procurement method in regulation 25 are satisfied, a procuring and disposing entity may invite a consultant who has the capacity to perform the required assignment to submit a proposal.
2. (2) For the purposes of subregulation (1)- (a) a single consultant shall be identified from a number of consultants who are able to provide the consultancy service; or (b) a sole source consultant shall be identified where only one consultant is able to provide the consultancy service, due to the unique skills or knowledge of that consultant or where there is need for continuity in the delivery of the consultancy service.
3. (3) A procuring and disposing entity shall use the prequalified list of providers of the procuring and disposing entity to identify a single consultant or a sole source consultant for a consultancy service and where the procuring and disposing entity does not have a prequalified list of providers, the procuring and disposing entity shall use- (a) the register of providers of the Authority; (b) the recommendations of a competent authority; or (c) the pre-qualified providers of another procuring and disposing entity.
4. (4) For each consultancy service, the consultants who are eligible for selection as single consultants shall, be procured on a rotational basis.
5. (5) The Procurement and Disposal Unit shall, prior to making a recommendation for procurement as a single or sole source consultant to the Contracts Committee, confirm that the consultant is eligible and qualified.
6. (6) Where a consultant is to be procured as a sole source consultant, the Procurement and Disposal Unit shall, prior to making a recommendation to the Contracts Committee, verify that only that consultant is able to meet the requirements of the required consultancy service, due to the unique skills or knowledge of the consultant and that the consultant is eligible and qualified.
7. (7) The Procurement and Disposal Unit shall submit the name of the recommended single consultant or sole source consultant to the Contracts Committee, for approval of the request for proposals, using

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

1. (1) A procuring and disposing entity shall procure the services of a consultant where- (a) the procuring and disposing entity does not require the services of a consulting firm to provide the consultancy services; (b) additional professional support is not required; or (c) the experience and qualifications of the consultant are the important requirement.
2. (2) A notice inviting expression of interest from consultants shall in addition to the requirements in regulation 8, state- (a) the address of the website with the full terms of reference which shall state the skills, qualifications and experience required; (b) details of the information required from the consultants, which shall include the curriculum vitae, the fee rate of the consultants and a covering letter stating the suitability and availability of the consultant, for the assignment; (c) that the expression of interest is to be submitted using the one stage-single envelope method; (d) the criteria to be used to select the consultants which shall be based on the experience and qualifications of the consultant and capacity to provide the consultancy services; and (e) whether the selection shall take into account references and use interviews to assess the skills, qualifications and experience of the consultant.
3. (3) Where a consultant is to be interviewed as part of the selection process, the notice shall state that-
4. (a) the consultant invited for the interview shall bear the costs of attendance; (b) the consultant invited for the interview shall be notified of the arrangements for the interview; and (c) where the consultant who is invited for interviews fails to attend, the consultant shall be eliminated from the selection process.
5. (4) The full terms of reference shall be displayed on a website referenced in the notice and shall promptly be made available to a consultant who makes a request.
6. (5) A procuring and disposing entity shall use the standard notice inviting consultants issued by the Authority to prepare a notice inviting consultants.

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

1. (1) A procuring and disposing entity shall use the standard request for proposals issued by the Authority, to draft a request for proposals for consultancy services.
2. (2) A request for proposals shall be approved by the Contracts Committee.
3. (3) For the purposes of drafting a request for proposals under subregulation (1), a Procurement and Disposal Unit shall not make any textual or other changes to the section on instructions to consultants or consulting firms, the section on the general conditions of the contract and the section on the proposal forms, except in accordance with subregulation (4). (4) The Procurement and Disposal Unit shall- (a) effect any necessary changes to the instructions to the consultants or consulting firms by an entry in the data sheet;
4. (b) effect changes to the general conditions of contract by an entry to the special conditions of contract; (c) modify the statement of requirements, as may be required; and (d) modify the evaluation and qualification criteria in accordance with the options in the standard request for proposals issued by the Authority and these Regulations.
5. (5) A request for proposals shall- (a) define the terms of reference of the consultancy service in a precise form and in a manner that leaves no doubt or assumption by a consultant or consulting firm; (b) state clearly the selection method to be used which shall be appropriate to the requirements of the procuring and disposing entity; (c) state the validity period of the proposals; (d) state whether a pre-proposal meeting is to be held; (e) where appropriate, notify of the date, time and the location for the opening of the technical proposals and the information to be read at the opening session; (f) state clearly the evaluation criteria to be used including all appropriate factors and weighting and method of application of the appropriate factors; (g) include a draft contract with the structure of payment, payment terms and method of payment; and (h) require that the basis of the prices and costs required are adequately defined and that these represent the full cost of the procurement requirement.
6. (6) A request for proposals shall- (a) in respect of the instructions to the consultants or consulting firms on the selection process-
7. (i) indicate the form of the proposal securing declaration, where required; (ii) indicate the form required of a valid proposal; (iii) provide instructions on the requirements for signing and authorising proposals; (iv) state the details for labelling the envelopes and that the proposals are to be submitted in a securely sealed plain outer envelope; (v) contain instructions that a consultant may, at any time before the deadline for submission of proposals, withdraw the proposal and submit another or modify part of a proposal and the procedure for this; (vi) state that a consultant or consulting firm may seek clarification on the request for proposal and the date by which clarification may be sought; (vii) state that the original copy of the technical proposal and of the financial proposal shall be marked, "ORIGINAL" and specify the number of copies of the technical proposal and of the financial proposal to be submitted, which shall be marked, "COPY"; (viii) state the currency in which a proposal is to be submitted; (ix) state the proposal submission method, including instructions for the submission of the technical and financial proposals, separately, where applicable; (x) state the selection method and evaluation criteria to be used; and (xi) state the procedure for conversion of prices to a single currency for evaluation purposes, including the source and date of the exchange rates to be used; (b) in respect of the statement of requirements for the consultancy services, include-
8. (i) the terms of reference and the expected input of the key personnel; (ii) the duration and timing of the inputs and the completion schedule; (iii) the inputs and facilities to be provided by the procuring and disposing entity; and (iv) the required deliverables or outputs and the arrangements for approval or acceptance of the deliverables or outputs;

4 further items remain in the statutory text above.

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

1. (1) The request for proposals shall state that a consultant shall not seek to make a change to the substance of a proposal submitted and shall not be permitted to effect any change, after the deadline for submission of proposals.
2. (2) The request for proposals shall state that the proposal of a consultant who attempts to make a change to the proposal, after the deadline for submission of proposals, shall be rejected.

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

1. (1) A statement of requirements for the procurement of consultancy services shall be in the form of terms of reference.
2. (2) The terms of reference for consultancy services shall be included in the request for proposals and in the contract.
3. (3) The terms of reference shall contain a clear and unambiguous description of the required consultancy services and shall include- (a) a background narrative to the required consultancy services; (b) the objectives of the required consultancy services and a list of the targets to be achieved by the consultant or consulting firm; (c) a list of the specific tasks or duties to be performed;
4. (d) a schedule of the deliverables or the outputs for the assignment and the timelines for submission of the deliverables or outputs, against which the achievements of the consultancy services are to be measured; (e) the management and reporting lines of the consultant or consulting firm, to the procuring and disposing entity and the specific administrative arrangements and reporting requirements to apply; (f) the duration of the assignment and the timetable for implementing the assignment; (g) the industry standards applicable to the assignment, if any; and (h) the required key personnel and their minimum qualifications.

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

1. (1) A request for proposals shall-
2. (a) where the quality and cost based selection method is to be used, state-
3. (i) the technical evaluation criteria to be used and the maximum scores for each criterion;
4. (ii) the qualifying score of the technical proposal; and
5. (iii) the relative weights to be allocated to the technical and the financial proposals at evaluation;
6. (b) where the quality based selection method is used, state-
7. (i) the technical evaluation criteria to be used and the maximum scores for each criteria; and
8. (ii) the qualifying score of the technical proposal;

4 further items remain in the statutory text above.

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

1. (1) The evaluation criteria to be used shall be stated in the request for proposal and the evaluation shall be conducted in accordance with the criteria without any amendment to the criteria.
2. (2) The request for proposals shall state the technical evaluation criteria, which shall consist of a number of main criteria and which may be divided into sub criteria.
3. (3) The request for proposals shall state that the total of the points for all the criteria shall be one hundred and shall state the maximum number of points for each main criterion.
4. (4) The main criteria and maximum number of points specified in this subregulation are indicative and may be adjusted to the specific circumstances of the procurement requirement- Criteria Range of points
5. (a) Specific experience 5 to 10 points
6. (b) Methodology proposed 20 to 50 points
7. (c) Key personnel 30 to 60 points
8. (d) Transfer of knowledge 0 to 10 points

2 further items remain in the statutory text above.

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

1. (1) A procuring and disposing entity shall, where appropriate, in the request for proposals request a consulting firm to-
2. (a) confirm the availability of the key professional staff, whose curriculum vitae are to be included in the proposal and which shall be evaluated; and
3. (b) provide signed statements of availability from the key professional staff.
4. (2) A procuring and disposing entity may, where necessary, allow a consulting firm to substitute the key professional staff of the consulting firm and where the procuring and disposing entity allows this, the substitute staff shall have equivalent or superior qualifications and experience.

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

1. A request for proposals shall state the taxes to be included in the proposal.

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

1. (1) A procuring and disposing entity shall in the request for proposal require the consultants or consulting firms - (a) to indemnify or cause to be indemnified, the procurement requirements for the consultancy services- (i) against damage, loss or injury to person or property arising from the services provided; and (ii) against any actions, suits, claims, demands, costs and expenses occasioned by negligent or breach of statutory duty by a consultant or consulting firm; and (b) to have and maintain adequate professional liability and insurance coverage against negligent performance.
2. (2) A procuring and disposing entity shall state the insurance and indemnity required for the procurement of consultancy services in the request for proposals and shall require the consultants or the consulting firms to include in the proposal, the costs of the insurance and indemnity.

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

1. (1) The period for preparation of proposals for consultancy services shall start on the date the consultants or consulting firms are invited to submit proposals and end on the date of the deadline for submission of proposals.
2. (2) A procuring and disposing entity shall determine the period in subregulation (1), taking into consideration the following factors- (a) the time necessary for the consultants or consulting firm to prepare the proposals, taking into account the level of detail required and the complexity of proposals and the requirement to authenticate the legal documents, where these are required; (b) the location of consultants or consulting firms invited to submit proposals and the time required to deliver the request for proposals to the procuring and disposing entity; and (c) the anticipated duration of the procurement process.
3. (3) The minimum bidding period shall be- (a) ten working days in the case of consultants; and (b) fifteen working days, in the case of consulting firms.
4. (4) Subregulation (3) shall not apply in an emergency situation or where a consultant or consulting firm, as the case may be, is invited under the direct procurement method.

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

1. (1) A request for proposals shall be issued to all the consultants and consulting firms that are invited to submit proposals, on the same day. (2) A procuring and disposing entity shall obtain a signed receipt or other form of confirmation of receipt of the request for proposal from the consultant or consulting firm that is issued with a request for proposal. (3) A procuring and disposing entity shall only receive proposals from consultants and consulting firms that are invited to submit proposals.
2. (4) A procuring and disposing entity shall record the issuance of the request for proposals using Form 20 in the Schedule.

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

1. (1) Where a consultant or a consulting firm makes a request for clarification, the procuring and disposing entity shall in writing, provide the clarification and send a copy of the clarification to all the consultants and consulting firms that are invited to submit proposals.
2. (2) The clarification shall describe the request made, but shall not identify the consultant or consulting firm that makes the request.
3. (3) At any time, prior to the deadline for submission of proposals, a procuring and disposing entity may, at its own initiative or in response to a request for clarification from a consultant or consulting firm, amend the request for proposals by issuing an addendum.
4. (4) Where a procuring and disposing entity amends the request for proposals by issuing an addendum, the procuring and disposing entity may where necessary, extend the period for preparation of proposals, as may be appropriate.
5. (5) The addendum and the extension to the period of submission of proposals, shall be issued to all the consultants or consulting firms, as the case may be, that are invited to submit proposals.
6. (6) An addendum to a request for proposals shall be approved by the Contracts Committee prior to its issuance to the consultants and consulting firms.
7. (7) The clarifications and amendments to the request for proposals issued under this regulation shall be binding on the consultants and consulting firms.

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

1. (1) A procuring and disposing entity may hold a pre-proposal meeting to allow the consultants and consulting firms that are issued with the request for proposals to seek clarification on the requirements of the procuring and disposing entity.
2. (2) A pre-proposal meeting shall be managed by the Procurement and Disposal Unit and a person nominated by the user department shall attend the meeting.
3. (3) To allow the consultants or consulting firms, as the case may be, to take into account any additional information in the preparation of the proposals, the pre-proposal meeting shall be held within sufficient time before the deadline for submission of proposals.
4. (4) A procuring and disposing entity shall give the consultants or consulting firm sufficient notice of the meeting.
5. (5) The minutes of a pre-proposal meeting shall be recorded using Form 21 in the Schedule and copies of the minutes shall be provided to all the consultants who are issued the request for proposals.

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

1. (2) A procuring and disposing entity shall determine the period of validity of a proposal taking into consideration the following- (a) the time needed by the procuring and disposing entity to undertake the technical and financial evaluation and negotiations, as appropriate; (b) the time needed by the Contracts Committee to adjudicate the award of contract recommendation; and (c) the time needed by the Procurement and Disposal Unit to prepare the contract and to obtain the required approvals.
2. (3) Where it is necessary, for purposes of completing the requirements specified in subregulation (2), to extend the period of validity of a proposal, the consultant or the consulting firm, as the case may be, shall be requested in writing, before the expiry of the validity of the proposal of the consultant or the consulting firm, to extend the period of validity of the proposal.
3. (4) A consultant or consulting firm shall not, in extending the period of validity of a proposal, change the price or any other item of the proposal.
4. (5) A consultant or a consulting firm may refuse to extend the period of validity of the proposal and where the consultant or consulting firm refuses, the proposal securing declaration shall not be executed.

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

1. (1) A procuring and disposing entity may require a consultant or a consulting firm to provide a proposal securing declaration in respect of the proposal submitted.
2. (2) A proposal securing declaration shall be- (a) in a format provided in the request for proposals; and (b) valid until the date prescribed in the request for proposals.
3. (3) Where a consultant or consulting firm breaches the proposal securing declaration, the procuring and disposing entity shall immediately notify the Authority.
4. (4) The Authority may in accordance with Section 94 of the Act, suspend a consultant or consulting firm who breaches a proposal securing declaration.

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

1. (1) A procuring and disposing entity shall use one of the following methods of submission of proposals-
2. (a) the one stage-two envelope method where the proposal is submitted in an outer sealed envelope containing two separately sealed envelopes labelled "technical proposal" and "financial proposal", respectively; (b) the one stage-single envelope method where a proposal is submitted in one sealed envelope; or (c) two stage method where, at the first stage only the technical proposal is submitted and at the second stage, a revised technical proposal and a financial proposal are submitted.
3. (2) The method of submission of proposals shall be used for the respective methods of procurement and shall be based on the following- (a) the one stage-two envelope method shall be used where, the quality and cost based selection method, the quality based selection method, the least cost selection method or the fixed budget selection method is used and may be used for the quality based selection method; (b) the one stage-single envelope method shall be used for the direct procurement method or the consultants' qualifications selection method; and (c) the two stage method shall be used for the quality based selection method.

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

1. (1) A consultant or a consulting firm shall withdraw or modify a proposal by writing a letter, notifying the procuring and disposing entity of the withdrawal or modification, as the case may be.
2. (2) The letter to withdraw a proposal shall be contained in an envelope clearly marked, "WITHDRAWAL" and shall be submitted in the same way as a proposal.
3. (3) A consultant or consulting firm that withdraws a proposal may submit a replacement proposal which shall be submitted in an envelope clearly marked "REPLACEMENT".
4. (4) A consultant or consulting firm may modify part of a proposal by submitting another proposal in respect of the part to be modified with a covering letter in an envelope clearly marked, "MODIFICATION".
5. (5) The proposal submitted under subregulation (4) and the covering letter shall indicate the part of the proposal to which the modification relates.

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

1. (1) A proposal shall be received by a procuring and disposing entity where- (a) the proposal is received by a member of the Procurement and Disposal Unit; or (b) the proposal is deposited in the proposal box.
2. (2) A procuring and disposing entity shall not be held liable for risk of loss or delay in delivery of a proposal delivered by courier.

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

1. (2) The Procurement and Disposal Unit shall issue a receipt for each proposal received, stating the date and time the proposal is received.
2. (3) A procuring and disposing entity shall maintain a record of the proposals received using Form 22 in the Schedule which shall indicate the name of the consultant or consulting firm, the date and time the proposal is received and name of the member of staff of the Procurement and Disposal Unit who receives the proposal.
3. (4) The process of submission of proposals shall be closed at the deadline for submitting proposals.
4. (5) A proposal that is brought to the location of submission of proposals after the deadline for submission shall not be accepted or received by the procuring and disposing entity.
5. (6) A proposal that is submitted after the deadline for submission of proposals shall be labelled "LATE", and shall be returned unopened to the consultant or the consulting firm or shall be destroyed where the proposal is not labelled with the name of the consultant or the consulting firm.
6. (7) The closure of the process of submission of proposals shall be managed by at least one member of the Procurement and Disposal Unit and shall be witnessed by a member of the Contracts Committee or a person nominated by the user department.
7. (8) The persons referred to in subregulation (7) shall fill and sign Form 22 in the Schedule to confirm that selection closed at the deadline for submission of proposals.
8. (9) Immediately after the closure of the process of submission of proposals, the proposals received shall be moved to the location where the proposals are to be opened.

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

1. (2) A Procurement and Disposal Unit may issue a receipt for each proposal received, stating the date and time the proposal was received, before it is placed in the box and record the receipt of the proposal using Form 22 in the Schedule.
2. (3) Where a proposal is too large to be placed in the box, a member of the Procurement and Disposal Unit shall receive the proposal and issue a receipt.
3. (4) The process of submission of proposals shall be closed at the deadline for submission of proposals, by sealing the box.
4. (5) A proposal that is brought to the location for submission of proposals after the deadline for submission shall not be placed in the box or accepted in any other way.
5. (6) The closure of the process of submission of proposals shall be managed by at least one member of the Procurement and Disposal Unit and shall be witnessed by a member of the Contracts Committee or a person nominated by the user department.
6. (7) The persons referred to in subregulation (6) shall sign Form 22 in the Schedule to confirm that selection was closed at the deadline for submission of proposals.
7. (8) Immediately after the closure of the process of submission of proposals, the proposals received shall be moved to the location where the proposals are to be opened.

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

1. (2) A consultant or a consulting firm or a representative of the consultant or consulting firm shall be requested to confirm that the proposal is as it was submitted but shall not be permitted to make any addition, deletion or modification to the exterior or the contents of the proposal.
2. (3) A consultant or a consulting firm or a representative of the consultant or consulting firm may ask questions after the proposals are opened but a procuring and disposing entity shall not enter into a discussion with the consultant or a consulting firm or a representative of the consultant or consulting firm, on the specific details of any proposal.

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

1. The Procurement and Disposal Unit shall at the technical opening session notify the consultants or consulting firms, as the case may be, of- (a) the consultants or consulting firms that submit proposals; (b) a consultant or consulting firm that did not submit a proposal securing declaration, where this was requested for; (c) the consultant or consulting firm that submitted separately sealed financial proposals, where this was required; and (d) any other information that is required to be stated at the public opening as indicated in the request for proposals.

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

1. (1) The public opening of the technical proposals shall be managed by the Procurement and Disposal Unit and shall be witnessed by a member of the Contracts Committee or a person nominated by the User Department.
2. (2) At the public opening, the Procurement and Disposal Unit shall first manage the envelopes marked "WITHDRAWAL" by reading out the names of the consultants or consulting firms, as the case may be, as indicated on the envelopes and returning the sealed envelopes to the consultants or consulting firms.
3. (3) A proposal shall be accepted as withdrawn where the withdrawal notice is in accordance with the instructions for withdrawal of proposals stated in the request for proposals.
4. (4) The Procurement and Disposal Unit shall open all the other envelopes including the envelopes marked "REPLACEMENT" and "MODIFICATION" and read out the information that is required by the request for proposal to be read out at the public opening session.
5. (5) The financial proposals shall not be opened at the public opening session.
6. (6) A replacement proposal shall be recorded as such in the record of the proposal opening session.
7. (7) The signed pages of the technical proposal and any other pages as may be determined by the person who chairs the public opening session to be the important pages of the technical proposals shall be endorsed with the stamp of the procuring and disposing entity and signed or initialled by that person.
8. (8) The procuring and disposing entity shall, in the record of the proposal opening session, note the proposal securing declarations received.

3 further items remain in the statutory text above.

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

1. (1) The evaluation of proposals by consultants and consulting firms shall be made using any of the following selection methods- (a) the quality and cost based selection method; (b) the quality based selection method; (c) the fixed budget selection method; (d) the least cost selection method; or (e) the consultants qualifications selection method.
2. (2) A request for proposals shall indicate the selection method to be used by the procuring and disposing entity.
3. (3) A procuring and disposing entity shall for the procurement of consultancy services, use the quality and cost based selection method to select consultants or consulting firms, except for the circumstances specified in subregulation (4), where other selection methods may be used.
4. (4) A procuring and disposing entity may for the following circumstances use other selection methods- (a) the quality based selection method, for- (i) highly specialised assignments, where it is difficult to develop precise terms of reference or to determine the required input and for which a procuring and disposing entity expects consultants or consulting firms to demonstrate innovation in the proposal; (ii) assignments that have a high downstream impact and in which, the objective is to have the best consultants or consulting firms; and
5. (iii) assignments that can be carried out in several different ways, where a proposal is therefore not comparable and where the value of the consultancy services depends on the quality of the proposals submitted; (b) the fixed budget selection method, for assignments that are simple, can be precisely defined, and where the budget is fixed; (c) the least cost based selection method, for consultancy services that are of a standard or routine nature and where well established practices and standards exist; and (d) the consultant qualification's selection method, for low value assignments for which the need for preparing and evaluating competitive proposals is not justifiable.
6. (5) The Procurement and Disposal Unit shall, for purposes of subregulation (4)- (i) prepare the terms of reference and request for applications from consultants or consulting firms; and (ii) develop a short list of consultants or consulting firms and select the consultant or consulting firm with the most appropriate qualifications and references.

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

1. (1) An Evaluation Committee shall evaluate the proposals for provision of consultancy services using the method and criteria stated in the request for proposals.
2. (2) The technical proposals shall be evaluated within twenty working days from the date of the opening of the technical proposals.
3. (3) The financial proposals shall be evaluated within three working days from the date of the opening of the financial proposals.

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

1. (1) Notwithstanding regulation 35, an Evaluation Committee may at any stage of the evaluation, request a consultant or consulting firm to clarify the information provided in the proposal or to submit additional documentation to clarify the information provided.
2. (2) An Evaluation Committee shall make a request under subregulation (1) where there is nonconformity or an omission in the proposal, which is not a material deviation as specified in regulation 59 (3).
3. (3) A request for clarification or submission shall not be made with the intention of- (a) altering or amending the price of the proposal; (b) changing the substance of the terms and conditions of the proposal; or (c) substantially altering anything which forms a crucial or deciding factor in the evaluation of the proposal.
4. (4) A consultant or consulting firm shall not be permitted to make a clarification or submission which- (a) alters or amends the price of a proposal; (b) changes the substance of the terms and conditions of the proposal; or (c) substantially alters anything which forms a crucial or deciding factor in the evaluation of the proposal.
5. (5) A request to a consultant or consulting firm shall be signed by the chairperson of the Evaluation Committee.
6. (6) Where a consultant or consulting firm does not respond to a request, the Evaluation Committee may disqualify the consultant or consulting firm.
7. (7) A request to clarify the information provided in the proposal or to submit additional documentation shall not become negotiations.

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

1. (1) A procuring and disposing entity shall use the following types of contracts as shall be necessary-
2. (a) a lump sum contract shall be used where the content of the required consultancy service, the duration of the consultancy service, and the required output are clearly defined and are all in the control of the consultant or consulting firm; (b) a time-based contract shall be used where it is difficult to define the scope and duration of the required consultancy service, where the consultancy service is related to an activity performed by another consultant or consulting firm for which the completion period may vary or where the input required to attain the objectives is difficult to assess; (c) a framework contract shall be used- (i) for regularly required professional services or technical advice, such as audit services, legal advise or advise on procurement matters; (ii) where there is a need to have consultancy services "on call" and the extent and timing of the requirement cannot be defined in advance; or (iii) for requirements which are needed repeatedly or continuously over a period of time and having the requirement available on a "call off" basis would reduce procurement costs or reduce lead times; (d) a percentage based contract shall be used where it is appropriate to relate the fee to be paid directly to the estimated or actual cost of the subject of the contract, such as the construction cost of the project or the cost of goods procured, auctioned or inspected such as architectural services, third party procurement, auctions or inspection services; and (e) a retainer contract shall be used where a procuring and disposing entity intends to retain a specialised consultant or consulting firm over a prescribed period of time, but where the level and amount of services required cannot be defined or where advisers are to be retained for the implementation of a complex project or for technical troubleshooting.
3. (2) The Public Procurement and Disposal of Public Assets (Contracts) Regulations, 2023 shall, with the necessary modifications, apply to the contracts for the procurement of consultancy services entered into under these Regulations.

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

1. (1) The price of the best evaluated proposal shall be used only as a basis for evaluating a proposal and shall not necessarily be the price of the resulting contract.
2. (2) The following elements of a financial evaluation shall not be included in the proposed contract price- (a) any margin of preference that is allocated to the consultant or consulting firm during evaluation; (b) any conversion to a common currency; and (c) any weightings applied to the financial proposals.
3. (3) For the avoidance of doubt, the amount of the taxes, duties and levies originally included in the proposal price shall be included in the components of the proposed contract price.

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

1. (1) A procuring and disposing entity may, before award of contract, conduct negotiations with a consultant or a consulting firm for whom or for which an award decision is made by the Contracts Committee.
2. (2) The negotiations shall be in accordance with the Public Procurement and Disposal of Public Assets (Negotiations) Regulations, 2023.

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

1. (1) The Public Procurement and Disposal of Public Assets (Procurement of Consultancy Services) Regulations, 2014, are revoked.
2. (2) A procurement process that had commenced under the Public Procurement and Disposal of Public Assets (Procurement of Consultancy Services) Regulations, 2014 and the Local Governments (Public Procurement and Disposal of Public Assets) Regulations, 2006 shall be continued and completed under these Regulations.

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

1. or single 1653 2. consultant where applicable and justification for selection Request for Proposal Document/ Expression of Interest Notice. Persons involved in preparation

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

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

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

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

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

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

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

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

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

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

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

1. (1) {For expression of interest for single requirements} It is recommended that the following consultants be invited to submit proposals: (i) …………………………………………. (ii) ………………………………………….. (iii) ………………………………………….. (2) {For pre-qualification} (1) All pre-qualification applications received were evaluated against the criteria stated in the pre- 1657 qualification document. [Brief narrative on the result of the evaluation and detailed justification with reasons why an application, if any, was declared non responsive.] (2) On the basis of the pre-qualification criteria stated, [number] consultants are pre-qualified and [number] are not pre-qualified. See the attached table, which summarises the evaluation.

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

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

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

1. if not applicable} The Evaluation Committee could not reach a unanimous decision on the expression of interest/ pre-qualification and this report details the view of the majority of the team.
2. [Give details of the issues where the team disagreed, the discussions held, the alternative views and the names of those with alternative views].

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

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

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

1. (2) The notice was advertised on the [date] _______________________in _____________________ [name of publication]. (3) The request for proposals [RFP], evaluation of expressions of interest and shortlist were approved by the Contracts Committee on [date] _______________________________________________________. (4) The list of consultants who were issued with the proposal documents was recorded using Form 20 which is attached.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. (c) financial proposals of those consultants who were substantially responsive and met the minimum qualifying mark will be opened and a financial comparison carried out to examine financial proposals and reject any proposals which exceed the budget. The consultant submitting the highest ranked technical proposal among those within the budget will be recommended for contract award, subject to any negotiations required.

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

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

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

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

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

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

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

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

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

1. [Brief narrative on the result of the preliminary examination. Where the proposal is non compliant, detailed justification must be provided and the Evaluation Committee should amend later sections of this report to make appropriate recommendations.] Refer to Table 1, which summarises the preliminary examination.

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

1. on the results of the detailed evaluation Where the proposal is non responsive, detailed justification must be provided and the Evaluation Committee should amend later sections of this report to make appropriate recommendations. Include details of any nonmaterial nonconformities, errors or omissions waived or rectified by the evaluation committee. Include details of all clarifications requested and received from the consultant.]

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

1. (d) the total acquisition cost for the requirement is estimated to be [currency and amount], including [state all incidental costs included in the estimate].

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

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

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

1. if not applicable} The Evaluation Committee could not reach a unanimous decision on the evaluation and this evaluation report details the view of the majority of the team. [Give details of the issues where the team disagreed, the discussions held, the alternative views and the names of those with alternative views].

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

1. ** This form shall be used by the Evaluation Committee to prepare an evaluation report for consultancy services. It is appropriate for all the methods of procurement for consultancy services. The content should be amended as appropriate. Italic text in {} brackets indicates either an instruction for preparing the report, which should be deleted from the final report or a section included for a possible option, where the whole section should be deleted if not appropriate. Normal text in [ ] brackets indicates data which should be completed for each evaluation.

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

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

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

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

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

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

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