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Public Procurement and Disposal of Public Assets (Procurement of Medicines and Medical Supplies) Regulations

Statutory Instrument 11 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 · 38 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 (Procurement of Medicines and Medical Supplies) Regulations

Commenced on 03 March 2014

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

1. Title and Commencement

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

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What this section does
Governing rule

This section states the governing statutory rule for “Title and Commencement”.

“Title and Commencement”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Title and Commencement”, 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

2. Application

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

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What this section does
Scope rule

This section defines when and how “Application” applies.

“Application”
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Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

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

3. Interpretation

Methods of procurement

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 “Interpretation”.

“Methods of procurement”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

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

4. Open domestic bidding

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 “Open domestic bidding”.

“Open domestic bidding”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Open domestic bidding”, 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

5. Open international bidding

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 “Open international bidding”.

“Open international bidding”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Open international bidding”, 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. Restricted bidding

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 “Restricted bidding”.

“Restricted bidding”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Restricted bidding”, 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

7. Request for quotations

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 “Request for quotations”.

“Request for quotations”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Request for quotations”, 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

8. Micro procurement

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 “Micro procurement”.

“Micro procurement”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Micro procurement”, 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

9. Direct procurement

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 “Direct procurement”.

“Direct procurement”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Direct procurement”, 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

10. Shortlist of providers

Bidding

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 “Shortlist of providers”.

“Bidding”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Shortlist of providers”, 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

11. Bid security

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 “Bid security”.

“Bid security”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Bid security”, 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

12. Use of brand names

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 “Use of brand names”.

“Use of brand names”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Use of brand names”, 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

13. Notice of best evaluated bidder

SCHEDULE

S T A T U T O R Y I N S T R U M E N T S

2014 No. 11. The Public Procurement and Disposal of Public Assets (Procurement of Medicines and Medical Supplies) Regulations, 2014. (Made under sections 40A (7) 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 40A (7) and 96 (1) of the Public Procurement and Disposal of Public Assets Act, 2003, in consultation with the Minister responsible for health, on the recommendation of the Authority and with the approval of Parliament, these Regulations are made, this 6th day of February, 2014.

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
Procedural rule

This section establishes the governing procedure for “Notice of best evaluated bidder”.

“SCHEDULE”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

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
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

1. Title

(1)

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

2. Application

The procurement of medicines and medical supplies shall be in accordance with regulations made under the Act, except as provided for in these Regulations.

3. Interpretation

In these Regulations, unless the context otherwise requires- "competent authority" means a Government office which is mandated to perform a specified function;

"medical supplies" means the supplies in the Schedule to these Regulations;

"medicines" means any substance or preparation used or intended to be used for internal or external application to the human body either in the treatment or prevention of disease or for improving physiological functions; "procuring and disposing entity" means a statutory body, a department of Government or of a local government and any other body or unit established and mandated by Government to procure medicine. Methods of procurement

4. Open domestic bidding

(1)

Open domestic bidding shall be the preferred method of procuring medicines and medical supplies. (2) Procurement using open domestic bidding shall be by public advertisement of a bid notice published in at least one newspapers of wide national circulation.

5. Open international bidding

(1)

A procuring and disposing entity shall procure medicines or medical supplies using the open international bidding instead of open domestic bidding, where competition shall not be effected without foreign bidders or where foreign bidders will increase the value for money. (2) Open international bidding shall be used in accordance with the Fourth Schedule to the Act and the Public Procurement and Disposal of Public Assets (Rules and Methods of Procurement) Regulations, 2014.

6. Restricted bidding

(1)

Where there is a limited number of providers, a procuring and disposing entity may procure medicines or medical supplies using the restricted bidding where- the value of the procurement is less than two billion shillings; and

(b)

in the case of a procurement by a procuring and disposing entity other than the National Medical Stores, the value of the procurement is less than five hundred million shillings.

(2)

The short list shall have at least five providers, except where the required medicine is only available from less than five providers. (3) Where a shortlist has less than five providers, the Procurement and Disposal Unit shall provide justification for this to the Contracts Committee. (4) The minimum bidding period for the restricted bidding shall be fifteen days.

7. Request for quotations

(1)

A procuring and disposing entity may procure medicines or medical supplies using the request for quotations method where the value of the procurement- is less than one billion shillings; and (b) in the case of a procurement by a procuring and disposing entity other than the National Medical Stores, is less than one hundred million shillings. (2) The request for quotations shall be used where- (a) the time available is not sufficient for restricted bidding; or (b) where restricted bidding does not receive responsive bids.

(3)

The short list shall have at least three providers, except where the required medicines or medical supplies are only available from less than three providers.

8. Micro procurement

(1)

A procuring and disposing entity shall procure medicines or medical supplies using the micro procurement method where the value of the procurement- is below one hundred million shillings; and (b) in the case of a procurement by a procuring and disposing entity other than the National Medical Stores, is below five million shillings. (2) Micro procurements shall be executed by a member of the procuring and disposing entity appointed, for this purpose, by the accounting officer of the procuring and disposing entity. (3) The short list shall have three providers, except where the required medicines or medical supplies are only available from less than three providers.

9. Direct procurement

(1)

A procuring and disposing entity shall use the direct procurement method where a provider is a single provider or a sole source provider. (2) A procuring and disposing entity shall use a single provider where there is a limited number of providers who are able to provide the required medicines or medical supplies, such as in an emergency situation. (3) A procuring and disposing entity shall use a sole source provider where only one provider is able to provide the medicines or medical supplies, or where there is need for continuity in the delivery of the medicines or medical supplies.

10. Short list of providers

(1)

A procuring and disposing entity shall develop a short list of providers for medicines using- (a) the list of pre-qualified providers of the procuring and disposing entity; (b) the register of the World Health Organisation or any other international agency of which Uganda is a member; (c) the prequalified list of another procuring and disposing entity;

(d)

the registers of the National Drug Authority; or (e) the procuring and disposing entity's knowledge of the market. (2) A procuring and disposing entity shall develop a short list of providers for medical supplies using- (a) the list of pre-qualified providers of the procuring and disposing entity; (b) the prequalified list of another procuring and disposing entity; or (c) the procuring and disposing entity's knowledge of the market.

Bidding

11. Bid security The value of a

bid security, where requested for by a procuring and disposing entity, shall be a fixed value or a percentage of the total bid price, but shall in all cases not exceed 2% of the total estimated value of the bid

12. Use of brand names

(1)

Specifications shall not be issued with reference to a particular trademark, brand name, patent, design, type, specific origin, producer, manufacturer, catalogue or numbered item.

(2)

Where there is no other sufficiently precise or intelligible way of characterising a requirement except by the use of a reference in sub regulation (1), the description shall be used, followed by the words "or equivalent", and shall only serve as a benchmark during the evaluation process.

(3)

Notwithstanding sub regulation (1), where a standardisation policy is adopted by a competent authority or the World Health Organisation, the corresponding trademark, brand name, patent, design, type, specific origin, manufacturer, producer, catalogue or numbered item may be used in the statement of requirements.

13. Notice of best evaluated bidder

(1)

A procuring and disposing entity shall, within two days after the decision of the contracts committee to award a contract-

(a)

send a copy of the notice of best evaluated bidder to all the bidders who participated in the bidding process;

(b)

display the notice of best evaluated bidder on the notice board of the procuring and disposing entity and the website, where available; and

(c)

display the notice of best evaluated bidder on the website of the Authority.

(2)

A notice of the best evaluated bidder shall be published for a minimum of-

(a)

five working days, before the award of contract, in the case of open or restricted procurement method; and

(b)

three working days, before the award of contract, in the case of request for quotations procurement method.

(3)

The procuring and disposing entity shall obtain proof of delivery of the notice of best evaluated bidder to all bidders.

(4)

The notice of best evaluated bidder shall not be issued-

(a)

where the direct procurement method is used;

(b)

where a competitive procurement method is used and only one bid is received by the procuring and disposing entity;

(c)

where the micro procurement method is used; and

(d)

for a procurement in an emergency situation.

Schedule

MEDICAL SUPPLIES

1. Sundries and medical consumables Adhesive plaster

Airway guedel Apron Autoclave marketing tape Bandages Bins and bin liners Blades scalpel Blood lancets Blood transfusion sets, bags and accessories Bone wax Boots Brain swabs Catheters and tubes Cotton wool Gauze Gloves Intravenous cannula Intravenous infusion sets and burettes Linen material Lumber puncture, needles and epidural sets Medical gas Nasal oxygen cannula Needles Plaster of Paris Protective hospital supplies Safety boxes Safe delivery kits Sutures Syringes, with or without needles Theatre supplies Thorax drainage bottle and accessories Umbilical tape Urine and colostomy bags

2. Disinfectants and anti-effectives agents

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

3. Medical equipment

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

4. Dental supplies

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

5. Orthopedic and dental supplies

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

6. Laboratory supplies and consumables

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

7. Test kits

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

8. Hospital stationary

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

9. Radiopharmaceuticals

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

10. Medical envelopes

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

11. Insecticide and non-insecticide treated mosquito nets

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

12. Medical staff uniforms and protective wares

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.