Reference Guide To Public Procurement V1

Download as pdf or txt
Download as pdf or txt
You are on page 1of 64

Ministry of Finance

Reference Guide to Public


Procurement Version1.0

Date: 1 May 2021

V
1|Page
Procurement Policy Unit
Reference Guide to Public Procurement
OUR SERVICES

Ministry of Finance
Procurement Policy Unit
(Established under Section 6 of the Public
Procurement Act, 2015)

Namibia
Reference Guide to Public Procurement
As 01 February 2021
Public Procurement Act No. 15, 2015
Public Procurement Regulations

Ministry of Finance
Procurement Policy Unit
114 Agri House
c/o Robert Mugabe Avenue & John Meinert Street
Private Bag 13295
Windhoek, Namibia

Tel: +264 61 209 9411 Fax: +264 61 230 179


Website: www.mof.gov.na/procurement-policy-unit

https://eprocurement.gov.na/

Social Media links


https://twitter.com/unit_policy

https://www.facebook.com/PPUNamibia

2|Page
Reference Guide to Public Procurement
Table of Contents
Acronyms .............................................................................................. 4
Definitions.............................................................................................. 5
Foreword ............................................................................................... 8
Objectives of the Public Procurement ActSection2 ............................ 9
Governance of the Act ....................................................................13
Procurement Policy Unit (PPU) .........................................................14
Functions of PPUSection7 ...................................................................14
Powers of the PPUSection7(2) -(4) .........................................................15
Central Procurement Board of Namibia ........................................17
Powers and functions of BoardSection9(1) .......................................17
Review Panel section 58(1) .......................................................................19
Internal Procurement Structures ......................................................23
Accounting Officer ........................................................................23
Procurement Committee (PC) .....................................................25
Procurement Management Unit (PMU) ......................................29
Bid Evaluation Committee (BEC) .................................................31
Exemptions Section4 ...............................................................................32
Procurement Planning ......................................................................33
Annual Procurement Plans ...........................................................33
Individual Procurement Plans .......................................................33
Bidding Documents ...........................................................................35
Procurement Integrity .......................................................................36
Public EntitiesSection66 .......................................................................36
Bidders and SuppliersSection67 .........................................................37

3|Page
Reference Guide to Public Procurement
Mandatory Documents for Bidders and Suppliers ........................ 38
Disqualification of Bidders of Suppliers for Bidding.................... 38
Procurement MethodsSection27 ........................................................... 40
Bidding Process – Open Advertised Bidding ................................. 44
Frequently Asked Questions ............................................................. 47
Appendix A – Procurement Thresholds........................................... 56

Acronyms
BEC – Bid Evaluation Committee

CPBN – Central Procurement Board of Namibia

ICT – Information and Communication Technology

PC – Procurement Committee

PMU – Procurement Management Unit

PPA – Public Procurement Act

PPU – Procurement Policy Unit

RPN – Review Panel of Namibia

4|Page
Reference Guide to Public Procurement
Definitions
Affidavit - a written statement confirmed by oath or affirmation,
for use as evidence in court.

Accounting officer - means the accounting officer of a public


entity;

Bid - means an offer or proposal submitted in response to a


request to supply goods, works or services, or any combination
thereof, and, where applicable, includes any prequalification
process;

Bidder - means a participant in procurement or prequalification


process, and includes a contractor;

Bidding Document –
(a) means any document issued by a public entity on the basis
of which bidders prepare bids; and
(b) Includes any document that contains instructions to bidders,
specification, maps, designs, and terms of reference, work
schedules, evaluation criteria, bills of quantities, conditions of
contract or other similar items.

Bid Evaluation Committee - means an ad hoc bid evaluation


committee established in terms of section 26;

Board - means the Central Procurement Board of Namibia


established by section 8;

Consultancy Services - means services of an intellectual or


advisory nature, not incidental to the provision of goods or
services or the execution of
works;

Contractor - means a person who has entered into a


procurement contract with a public entity;
5|Page
Reference Guide to Public Procurement
Goods - means objects of every kind and description, including
commodities, raw materials, manufactured products and
equipment, industrial plant, objects in solid, liquid or gaseous
form, electricity, as well as services incidental to the supply of the
goods such as freight and insurance;

Guidelines - means guidelines issued in terms of section 7;

Minister - means the Minister responsible for finance;

Non-Consultancy services - means any services other than


consultancy services and services incidental to the supply of
goods or the execution of works;

Policy Unit - means the Procurement Policy Unit established in


terms of section 6;

Prescribed - means prescribed by regulation;

Procurement - means the acquisition of goods, works,


consultancy services or non-consultancy services by any means,
including purchase, rental, lease or hire-purchase;

Procurement committee - means the procurement committee of


a public entity constituted in terms of section 25;

Procurement Management Unit - means the division or


department in a public entity that is responsible for the execution
of procurement functions constituted in terms of section 25;

Procurement Contract - means a contract between a public


entity and a supplier resulting from a procurement process;

6|Page
Reference Guide to Public Procurement
Public Entity - means any office, ministry or agency of the
Government, and includes -
(a) a local authority;
(b) a regional council;
(c) a public enterprise as referred to in the Public Enterprises
Governance Act, 2006 (Act No. of 2006);
(d) a body or trust that is owned or controlled by the
Government, when engaged in any procurement individually or
in consortium; and
(e) an entity declared as public entity in terms of section 5 of the
Public Procurement Act

7|Page
Reference Guide to Public Procurement
Foreword

As means to improve Namibia’s procurement system,


Government of the Republic of Namibia enacted the Public
Procurement Act, 2015 (Act. No.15 of 2015), repealing the Tender
Board Act, 1996 (Act No. of 2016). The objective of the new law
is to promote principles of fairness, transparency and ensure that
public procurement is non-discriminatory among other key
principles. The Procurement Act, 2015 is anchored on the United
Nation Commission on International Trade Law (UNICITRAL)
model law on procurement, which provides for the model law on
Public Procurement that sets international standards in respect of
public procurement.

The Procurement Policy Unit, in terms of section 7(1) (e) of the


Public Procurement Act, 2015 is mandated to carry out, monitor,
and report on the performance of the public procurement
systems in Namibia, including awareness creation, capacitation
and training of public servants, bidders and other stakeholders in
the public procurement process.

This booklet aims to provide a brief overview of the Public


Procurement System and to improve efficiency and effectiveness
in Public Procurement.

It is my express hope that this booklet will capacitate its readers


to better understand the public procurement system in Namibia
in order to execute it

Hon. Ipumbu Shiimi

Minister of Finance
8|Page
Reference Guide to Public Procurement
Objectives of the Public Procurement
ActSection2
PROMOTE -

Integrity In public procurement, integrity is two-fold.


There is the integrity of the procurement
process, and that of public procurement
practitioners.

Integrity of the Public Procurement Process


Integrity is essentially reliability. Bidders,
and all other stakeholders, must be able to
rely on any information disseminated by
the procuring entity, formally or informally.

Evaluation and selection criteria must be


clearly stated in the bidding documents.

Integrity of Public Procurement


Practitioners
Practitioners working within procuring
entities, and other government officials
involved in the public procurement
process, must display personal and
professional integrity.
Public servants involved in the public
procurement process should, at all times,
be perceived as honest, trustworthy,
responsible and reliable. They must always
keep the purpose of the procurement
requirement in mind, and strive to ensure

9|Page
Reference Guide to Public Procurement
that they responsibly manage public
procurement as mandated by the Public
Procurement Act.
Part 10 of the Act refers specifically to
integrity.
Accountability Anyone involved in the procurement
process is responsible for their actions and
decisions with respect to the public
procurement process.
Transparency Information on the public procurement
process must be made available to all
public procurement stakeholders:
contractors, suppliers and service
providers unless there are valid and legal
reasons for keeping certain information
confidential.
Competitive Procuring Entities must adopt practices
supply that promote fair competition in all public
procurements, discourage the use of fake
competition, and use methods of
aggregation where appropriate in order
to take advantage of economies of scale.
They shall also treat all bidders and
suppliers with fairness and impartiality, and
avoid any business arrangement that
might prevent the effective operation of
fair competition.
Effectiveness Effectiveness is achieved when the public
procurement objectives are achieved in
the process of executing public
procurement.
Efficiency Public procurement should be carried out
as cost-effectively as possible to ensure

10 | P a g e
Reference Guide to Public Procurement
economic efficiency and make optimum
use of available public funds.
Fair-dealing, Procurement is impartial and consistent,
and should offer all interested suppliers,
purchasers and consultants an equal
opportunity to compete.
Responsiveness The bidder who fully comply with all of the
bid requirements and whose past
performance, reputation, and financial
capability is deemed acceptable, and
who has offered the most advantageous
pricing or cost benefit, based on the
criteria stipulated in the bidding
documents.
Informed decision- Decisions are based on data, research
making and information and not on opinions.
Consistency Public procurement is executed and
conducted in the same way every time.
Legality To be valid and enforceable, a contract
must be consistent with national laws and
cannot violate legal statutes of Public
Procurement policy.
Integration Public procurement should contribute to
Empowerment policies of Namibia.

How does the Act contribute to the empowerment and


industrialisation policies of Namibia? Section2

By promoting, facilitating and strengthening the following


measures:
 Job creation for Namibian citizens;
 Empowerment of Namibian registered small and medium
enterprises, women and youth by creating economic

11 | P a g e
Reference Guide to Public Procurement
opportunity for them and enhancing their participation in
the mainstream economy;
 Sourcing of goods manufactured, mined, extracted or
grown in Namibia and local services and labour, including
local entrepreneurial development;
 Preferential treatment in the allocation of procurement
contracts to –
 Namibian registered small and medium
enterprises;
 Namibian registered joint venture business;
 categories of Namibian manufacturers, suppliers,
contractors and service providers;
 Namibian registered entities that promote the
protection of the environment, maintain
ecosystem and sustainable use of natural
resources;

The Minister may grant preferential treatment in
procurement in pursuance of the developmental and
empowerment policies of the Government; Section69

The Minister must issue codes of good practice on
preferences; Section70(1)

The Board or public entity has the right to limit participation
in procurement proceedings on the basis of citizenship;
Section71(1)

Namibian suppliers are eligible to be granted a margin of
preference; Section71(3)

12 | P a g e
Reference Guide to Public Procurement
Governance of the Act

Minister of Finance

PPU (Section 6 & 7) Review Panel (Section 58)


CPBN (Section 8)

Within each Public Entity

Accounting Officer

PMU PC BEC

13 | P a g e
Reference Guide to Public Procurement
Procurement Policy Unit (PPU)
The PPU is responsible for advising the Minister of Finance on any
procurement or disposal of assets and includes – Section6

 monitoring of compliance;
 reviewing of the procurement system;
 assessing of the impact of the procurement system;
 promotion of the fundamental principles.

Functions of PPUSection7
 proposing various procurement thresholds
 preparing guidelines;
 advising public entities;
 monitoring and reporting on performance;
 developing an annual report;
 facilitating the use of ICT;
 inspecting any procurement activity to ensure compliance;
 conducting contract audits;
 conducting performance audits;
 e-government procurement;
 supplier’s database;
 procurement performance assessment system;
 capacity building and competence levels;
 conducting training & setting mandatory training standards,
setting certification requirements and developing
professional development paths;
 preparing, updating and issuing directives, instructions,
guidance notes and manuals, including any other incidental
documents for mandatory use;
 issuing authorised versions of the standardised bidding
documents, standard forms of contracts, pre-qualification
14 | P a g e
Reference Guide to Public Procurement
documents, procedural forms, requests for proposals and
other similar documents for mandatory use by every public
entity implementing procurement;
 listing of services and supplies in common use by more than
one public entity for centralised procurement;
 investigating at its own accord or as instructed by the Minister
any matter relating to procurement to establish whether the
provisions of this Act have been complied with.

Powers of the PPUSection7(2) -(4)


The PPU can require any information, documents, records and
reports in respect of any aspect of the procurement process,
including cases where a breach, wrongdoing, mismanagement
or collusion has been alleged, reported or proven against any
public entity or any provider of service under this Act. It can also
invite persons to present any information relating to procurement
matters and commission or undertake investigations and institute
performance audits.

A person to whom a request is made and who refuses or fails


to comply with the request, or willfully provides false or
misleading information, commits an offence and is liable to a
fine not exceeding N$500 000 or to imprisonment for a period
not exceeding 10 years, or to both such fine and such
imprisonment.

If, in the discharge of its functions, the Procurement Policy Unit


finds that there has been non-compliance with any provision of
this Act, directives, code of procedures or guidelines made under
this Act, the Minister of Finance may -

15 | P a g e
Reference Guide to Public Procurement
 refer the matter with recommendations to the appointing
authority of the staff member for appropriate action; or
 refer any matter of non-compliance to the Namibian
Police, Anticorruption Commission or any other
competent authority for investigation, when it thinks
appropriate, and must inform the public entity concerned.

Where to report procurement that is not in compliance with


the Act?

PPU – Tel: +264 (61) 209 9413, Ministry of Finance, Head Office,
Moltke Street, Private Bag 13295, Windhoek, Namibia

ACC – C/o Mont Blanc & Groot Tiras Str. Eros


PO Box 23137, Windhoek
Email: Acting Head Mrs. Justine Kanyangela:
jnamukwambi@accnamibia.org
Tel: +26461 4354000

NAMPOL – Headquarters, Private Bag 12024, Ausspannplatz,


Windhoek, C/O Lazaret and Jan Jonker Road, Tel: +264 61 – 209
3111, Fax: +264 61 – 220621

Accounting Officers of relevant Public Entities

16 | P a g e
Reference Guide to Public Procurement
Central Procurement Board of Namibia
The roles of the CPBN are to conduct the bidding process and
enter into contracts for procurement on behalf of public entities
and disposal of assets that exceed their threshold (Appendix A)
and direct and supervise accounting officers in managing the
implementation of procurement contracts awarded by the
Board.

Powers and functions of BoardSection9(1)


The powers and functions of the Board in relation to procurement
or disposal of assets are to:

 call for such relevant information and documents as it may


require from any public entity;
 examine such records or other documents and take
copies or extracts from them;
 commission any studies relevant to the determination of
the award of procurement or disposal contracts;
 request any professional or technical assistance from any
appropriate person in Namibia or elsewhere;
 establish appropriate internal procedures for the
operations of the Board and ensure compliance with
them;
 approve bidding documents and notices submitted to it
by public entities;
 invite bids and initiate pre-qualification and post-
qualification for procurements or disposal of assets;
 receive and publicly open bids;
 appoint persons to act as members of a bid evaluation
committee of the Board, including representatives
nominated by the relevant public entities;
 oversee the examination and evaluation of bids;
17 | P a g e
Reference Guide to Public Procurement
 approve procurement methods and to consider for
approval the recommendations from the bid evaluation
committee for award of procurement or disposal
contracts;
 review the recommendations of a bid evaluation
committee and
o approve or reject the recommendation of the bid
evaluation committee to award a contract; or
o to require the bid evaluation committee where
applicable to make a new or further evaluation on
specified grounds; or
o to report to the Minister any decision of the Board
not implemented by the public entity within the
prescribed period; and
 do such things, not inconsistent with the Act, as it may
consider necessary or expedient to achieve the objects of
the Act.

The Board must strive to achieve high standards of transparency


and accountability taking into account the objects of this Act
and the need to obtain the best value for money.

How is the board appointed?


The Minister of Finance issues a call for applications from
which the Minister then appoints the board members.

Where does CPBN advertise all of its bids/tenders?


All bids of the CPBN are advertised in the print media and on
its website http://www.cpb.org.na/.

18 | P a g e
Reference Guide to Public Procurement
Review Panel section 58(1)
The purpose of the Review Panel

To adjudicate on application for review; suspension, debarment


and disqualification of bidders and suppliers; or any other matter
that the Minister may refer to the Review Panel for its
consideration.

Appointment of the Review Panel Section58

The Minister must compile a list of 15 persons where from the


Minister appoints five persons, from a list of persons who have
qualifications, wide knowledge and experience in legal,
administrative, economic, financial, trade, engineering, scientific
or technical matters; and of whom not more than three are of
the same sex.

Application for review

A bidder or supplier may apply to the Review Panel for review of


a decision or an action taken by the public entity for the award
of a procurement contract.

A supplier or bidder who wishes to lodge an application for


review must within 7 days of receipt of the decision or an action
taken by a public entity, apply to the Review Panel for review.

An application for review must contain the grounds for review as


well as any supporting documents on which the supplier or bidder
rely on.

The fee for a Review Application is N$5 000.00.

The supplier or bidder must submit the review application to the


Review Panel and serve copies of the review application to the
relevant public entity and to any other interested person.

19 | P a g e
Reference Guide to Public Procurement
Upon being served with the copies of the review application, the
public entity or any other interested person must within two days’
file with the Review Panel a replying affidavit to the allegations
made by a bidder or supplier.

The Review Panel may allow any other interested persons to join
the review proceedings as applicants or as defendants.

The Review Panel must strive to make a decision within seven (7)
days of receipt of the application for review or as soonest
practically possible, but not later than 14 days. Section59

A bidder or supplier who is aggrieved or claims to have suffered,


or to be likely to suffer, loss under the Act must exhaust all
available remedies under the Act before instituting any judicial
action in the High Court. Section59

Def: affidavit - a written statement confirmed by


oath or affirmation, for use as evidence in court.

Potential Outcomes of a Review Application Section60

The Review Panel may -

 dismiss an application;
 direct the Board or the public entity that has acted or
proceeded in a manner that is not in compliance with the
Act to act or proceed in a manner that is in compliance
with the Act;
 set aside in whole or in part a decision or an action of the
Board or public entity that is not in compliance with the
Act, other than any decision or action bringing the
procurement contract or the framework agreement into
force, and refer the matter back to the Board or public
entity for reconsideration with specific instructions;

20 | P a g e
Reference Guide to Public Procurement
 correct a decision or action by the Board or public entity
that is not in compliance with the Act;
 confirm the decision of the Board or public entity; or
 order that the procurement proceedings be terminated
and start a fresh.

Section 61 (1) All information in proceedings at the Review Panel


are confidential, and a person who discloses such information to
a third person without the authorization of Review Panel commits
an offence and is liable to a fine not exceeding N$100 000 or
imprisonment not exceeding a period of 10 years, or to both such
fine and such imprisonment.

What are the reasons for which bidders and suppliers may be
disqualified, debarred or suspended? Section68

 For supplying false information in the process of submitting a


bid or prequalification application.
 For bid rigging or collusion between the bidders or a bidder
and a supplier, agent, or staff member concerning the
formulation of any part of the bidding documents.
 For interference by the supplier with the participation of
competing bidders.
 For misconduct relating to the submission of bids, which
includes:
o corruption,
o bid rigging,
o price fixing,
o a pattern of underpricing bids,
o breach of confidentiality,
o misconduct relating to execution of procurement
contracts,
21 | P a g e
Reference Guide to Public Procurement
o or any other misconduct relating to the responsibilities
of the bidder or supplier.
 For conviction for an offence relating to obtaining or
attempting to obtain a procurement contract within five
years prior to the bid.
 For conviction for an offence related to dishonesty, fraud, or
corruption in his or her professional activity within 10 years prior
to the bidding and was sentenced to imprisonment without
the option of a fine.

What should Public Entities do if bidders/suppliers do not


execute the contract as required?

They should request the Review Panel to disbar, suspend


or disqualify the bidder.

22 | P a g e
Reference Guide to Public Procurement
Internal Procurement Structures
Accounting Officer
Roles and Responsibilities Section25
1. The Accounting Officer must set up an internal organizational
structure, which includes a procurement committee,
procurement management unit and ad hoc bid evaluation
committees for the conduct and management of
procurement at the public entity.
2. S/he is accountable for the full compliance with the Act and
directives and instructions made under the Act.
3. S/he must engage in procurement planning, plan each step
of the procurement process and prepare the annual
procurement plan.
4. S/he must certify the availability of funds before the
commencement of each procurement process.
5. S/he must ensure that the proceedings of the internal
structures are properly recorded and kept in a safe and
secure place.

Delegation Section74
S/he may delegate to a staff member any of the powers or
functions s/he has under the Act, except the power to

 issue contract awards


 sign agreements
 appointing or recommending staff members for
appointment to procurement committee, bid evaluation
committee or procurement management unit

23 | P a g e
Reference Guide to Public Procurement
Can the Acting Accounting Officer execute the duties of the
Accounting Officer as mentioned in the Act if the Accounting
Officer is on leave or assigned other duties away from the
Office?

The Acting Accounting Officer is allowed to execute all duties


of the Accounting Officer, except the power to issue contract
awards, sign agreements and appoint or recommend staff
members for appointment to the internal procurement
structures.

24 | P a g e
Reference Guide to Public Procurement
Procurement Committee (PC)
Structure Regulation11
A procurement committee must consist of not less than three (3)
and not more than five (5) members and must include:
 the financial advisor or manager responsible for finance;
 one or more other persons at management level and
their alternates appointed in writing by the accounting
officer; and
 the head of the procurement management unit who is
an ex-officio member and who acts as secretary to the
committee.

Def: ex-officio - by virtue of one's position

NOTE: A member appointed to the PC must enter into a


performance agreement with the accounting officer within 30
days.

Example for structure:


Chairperson If on leave then the Deputy
Chairperson shall Chair the
meeting and the Alternate to
the Deputy Chairperson shall
be the Deputy Chairperson in
the meeting.
Deputy Chairperson If on leave then the Alternate
to the Deputy Chairperson
shall attend.
Alternate to Deputy
Chairperson

25 | P a g e
Reference Guide to Public Procurement
Member If not available then the
Alternate to the Member can
attend.
Alternate to Member
Financial Advisor/Manager If on leave then the Acting
Financial Advisor/Manager
shall attend.
PMU Head: Secretary If on leave then the Acting
PMU Head shall attend.

If an Accounting Officer is unable to constitute a procurement


committee due to the size of the public entity, the accounting
officer must consult the Policy Unit and request the Policy Unit to
recommend persons from other procurement committees to be
appointed by the accounting officer as members of the
procurement committee.

Subject to the approval of the Policy Unit, an accounting officer


may appoint more than one procurement committee for
different threshold or categories of procurement with a view to
achieve efficiency and effectiveness.

A member of a procurement committee or an alternate member


is appointed for a term of three years and is eligible for
reappointment at the expiry of his or her term.

What should the Procurement Committee do if the Accounting


Officer or Minister has shares or financial interest in a bidding
entity?

The procurement committee must seek advice from Procurement


Policy Unit.

26 | P a g e
Reference Guide to Public Procurement
Voting & Quorum Regulation9
The majority of members of a committee present at a meeting of
the committee, which members must include the chairperson,
deputy chairperson and financial advisor or their alternate
members constitute a quorum at the meeting.

A decision of the majority of the members present and voting at


a meeting of a committee constitutes a decision of the
committee, and in the event of an equality of votes, the
chairperson has a casting vote in addition to his or her
deliberative vote.

Who can vote in the Procurement Committee?

Chairperson Yes
Deputy Chairperson Yes
Alternate to Deputy Yes – if Chairperson absent and
Chairperson present is capacity as Deputy
Chairperson
Member Yes
Alternate to Member Yes – if Member absent
Financial Yes
Advisor/Manager
PMU Head: Secretary No

The chairperson of a committee presides at meetings of the


committee and in his or her absence; the deputy chairperson
presides at the meeting.

Roles, Procedures and Processes Regulation6


 To oversee the procurement process conducted by a public
entity.
27 | P a g e
Reference Guide to Public Procurement
 To recommend to the accounting officer bidding processes.
 To review the evaluation of a pre-qualification or bid clarify
issues pertaining to bidding.
 To attend to the implementation of contracts
 To annually submit to the accounting officer a list of
procurement contracts awarded.
 To recommend to the accounting officer the approval for
the award of the procurement contract.

NOTE: The accounting officer may accept the


recommendation for the award of the procurement contract
or request the bid evaluation committee to re-evaluate the
bids submitted to the public entity and to re-submit to the
procurement committee for reconsideration and
recommendation.

28 | P a g e
Reference Guide to Public Procurement
Procurement Management Unit (PMU)
Structure Regulation12
The accounting officer must constitute a procurement
management unit after consultation with the PPU.

The PMU consists of a head of procurement and supporting staff


or in small public entity, a person responsible for procurement.

Persons on the PMU must have:


 technical and professional competence;
 procurement knowledge and skills; and
 Integrity and sound decision-making abilities.

NOTE: A member appointed to the PMU must enter into a


performance agreement with the accounting officer within 30
days.

Roles, Procedures and Processes Regulation8


The PMU is responsible for conducting and managing the
procurement activities of a public entity from the initiation of the
procurement to the award of the procurement contract.

NOTE: The PMU is not responsible for the evaluation of bids or


awarding or termination of procurement contracts.

The PMU:
 provides secretarial services and technical input and supports
the functioning of the PC;
 serves as the channel of communication for procurement in
the public entity;

29 | P a g e
Reference Guide to Public Procurement
 handles complaints by suppliers, contractors or consultants
and submits to the accounting officer a report on how such
complaints have been or are to be resolved;
 prepares an annual procurement plan that a public entity
intends to carry out during the financial year;
 initiate a procurement activity on receipt of a purchase
requisition approved by the accounting officer;
 Implement procurement policy decisions of a public entity
and decisions made by the Review Panel
 prepares an individual procurement plan for each relevant
individual procurement;
 keeps records of procurement;
 monitors every stage of the procurement process and ensure
delivery of procurement contracts;
 initiates necessary action against defaulting suppliers and
contracts;
 provides timely procurement reports to the accounting officer
and the Policy Unit, which includes:
o the date of signature of the procurement contract;
o goods, works or services procured;
o estimated value of the procurement;
o name of supplier or contractor;
o total sum of procurement contract awarded during
a specified period.

May a support staff member to the Procurement Management Unit


be tasked to assist in taking minutes if the Head of PMU needs
support?

Yes, but that person/s may not contribute to or take part in the PC
meeting and does not have any voting powers.

30 | P a g e
Reference Guide to Public Procurement
Bid Evaluation Committee (BEC)
Structure Section26
The Accounting Officer, when establishing an ad hoc bid
evaluation committee, must appoint not less than three and not
more than seven members as members of the bid evaluation
committee, after consultation with the Policy Unit.

The Accounting Officer can recommend a list with unspecified


number of members for the bid evaluation committee to the PPU
for approval and then appoint 3 – 7 members from that pre-
approved list every time an ad hoc BEC is appointed.

The Accounting Officer may co-opt persons from other public


entities to assist the bid evaluation committee. The secretary of a
bid evaluation committee should be an in-house staff member
and can be a support staff member from the PMU.

Roles, Procedures and Processes Regulation7 (2)


The BEC must, with the approval of the Accounting Officer, on
the request by the Procurement Committee provide clarification
on the contents of the evaluation reports, and may review the
evaluation report on a specific ground backed by the contents
of the bidding documents and in accordance with the Act.

The BEC must start the evaluation of bids within five (5) days after
the opening of bids and must be completed within fourteen (14)
days after the opening of the bids or such other period as a public
entity may extend, but not exceeding thirty (30) days. The 30 days
are inclusive of the 14 days.

31 | P a g e
Reference Guide to Public Procurement
Exemptions Section4
The Minister of Finance may, with or without condition, grant a
general or specific exemption for specific types of procurement
or disposal from the application of certain provisions of the Act
that are not practical or appropriate.

How to request for an exemption?

A Public Entity through its Accounting Officer must write to the


Minister of Finance requesting an exemption explaining why
certain provisions of the Act are not practical or appropriate.

The Minister of Finance may for a specified or unspecified period


issue a general or specific exemption from the application of
certain provisions that are not practical or appropriate of security
related goods, works, services and property by the -
(a) Namibian Defence Force;
(b) Namibian Police Force;
(c) Namibia Correctional Services; and
(d) Namibia Central Intelligence Service.

Any information, document or record relating to


the procurement or disposal of security related
goods, works, services or property are strictly
confidential and secret.

32 | P a g e
Reference Guide to Public Procurement
Procurement Planning
Annual Procurement Plans
Each Public Entity should file its annual procurement plan with the
Procurement Policy Unit (Policy Unit). Throughout the year, the
Public Entity should give the Policy Unit notice of changes in the
annual procurement plan.

Further, quarterly reports detailing the progress of implementing


the procurement plan should be filed with the PPU. These reports
are due by the end of the month following the end of the quarter.

The Public Entity should post its Annual Procurement Plan on its
website as stated in Regulation (39) (1).

Individual Procurement Plans


The procurement management unit must prepare an individual
procurement plan for each individual procurement above the N$
2 million thresholds according to the directive issued by the
Minister of Finance on 23 May 2017.

How does Public Entities prepare their Annual Procurement Plan


if their budgets are not yet approved and can they amend it
after approval?

The Annual Procurement Plan is to be prepared and submitted to


the Procurement Policy Unit before the beginning of the financial
year. Once the Public Entity’s budget is approved, then the
Public Entity will amend its Annual Procurement Plan and re-
submit to the PPU. Amendments to the Annual Procurement Plan
can be done throughout the year as required and must be made
publicly available after every amendment.

33 | P a g e
Reference Guide to Public Procurement
Who is responsible for developing the Annual Procurement Plan?

The Procurement Management Unit develops the Annual


Procurement Plan which it then submits to the Procurement
Committee which then sends it to the Accounting Officer for
his/her signature approval.

Who is responsible for developing the Individual Procurement


Plan?
The Procurement Management Unit with the user department.

34 | P a g e
Reference Guide to Public Procurement
Bidding Documents
The Procurement Policy Unit has the sole mandate to issue
authorised versions of the standardised bidding documents to be
used by Public Entities. Section 7(1) (h) (i)

Public Entities are only allowed to sell bidding documents


according to the approved rates in the Regulations.

Procurement Method Fee to be


charged for
bidding
document
All Methods listed under Section 27(1) and Free
64(2) except Open Advertised Bidding
Open Advertised Bidding
Procurement contracts with an estimated N$ 100.00
value not exceeding N$ 1 000 000.00
Procurement contracts with an estimated N$ 300.00
value above N$ 1 000 000.00 and not
exceeding N$ 20 000 000.00
Procurement contracts with an estimated N$ 600.00
value above N$ 20 000 000.00 and not
exceeding N$ 100 000 000.00
Procurement contracts with an estimated N$ 1 000.00
value above N$ 100 000 000.00 and not
exceeding N$ 500 000 000.00
Procurement contracts with an estimated N$ 3 000.00
value above N$ 500 000 000.00 and not
exceeding N$ 2 000 000 000.00
Procurement contracts with an estimated N$ 6 000.00
value above N$ 2 000 000 000.00

35 | P a g e
Reference Guide to Public Procurement
Procurement Integrity
Public EntitiesSection66
The Act stipulates what is required from the Board and staff
members of a public entity, which involves planning or
conducting procurement process or contract administration with
integrity. Discharge his or her functions fairly and impartially and
without fear, favour or prejudice to anyone to ensure fair
competitive access to procurement by suppliers;
 act in the public interest;
 avoid any conflict of interest to arise in the carrying out of his
or her functions and in conducting himself or herself;
 keep confidential any information that comes into his or her
possession relating to procurement proceedings and bids,
including proprietary information of bidders;
 not deal or negotiate on behalf of the contractor or supplier
for a contract he or she had specifically dealt with while in the
service of the Board or public entity;
 disclose his or her interest or the interest of his or her close
relative, if any;

NOTE: “close child or relative” means parent, sibling,


having substantial financial interest in the bidding
entity.

 withdraw from the procurement process if there is a potential


conflict of interests, unless the Board or public entity decides
that the conflict is trivial to affect the impartiality of the staff
member.

36 | P a g e
Reference Guide to Public Procurement
Non-Compliance of the Procurement Act

A staff member who acts or abets corruptly or fraudulently to gain


favour or benefit, including soliciting or accepting improper
inducement commits an offence is liable to a fine not exceeding
N$1 000 000 or to imprisonment for a period not exceeding 10
years, or to both such fine and such imprisonment.

Bidders and SuppliersSection67


A bidder or supplier who engages in or abets any corrupt,
fraudulent or coercive practice as stipulated in Section
67(1)(a)(b) of the Act commits an offence and is liable to a fine
not exceeding N$5 000 000 or imprisonment for a period not
exceeding 10 years, or to both such fine and such imprisonment.
A bidder who engages in collusion, before or after a bid
submission as stipulated in Section 67(2) commits an offence and
is liable to a fine not exceeding N$5 000 000 or imprisonment for
a period not exceeding 10 years, or to both such fine and such
imprisonment.

The Board or a public entity must reject a bid if the bidder offers,
gives or agrees to give an inducement and promptly notify the
rejection to the bidder concerned and to the Anti-Corruption
Commission.
A person or an entity which is responsible for preparing the
specifications or bidding documents or supervises the execution
of a procurement contract or a related company of such person
or entity participates in the bidding process then such person or
entity is committing an offence and is liable to a fine not
exceeding N$5 000 000 or to imprisonment for a period not
exceeding 10 years, or to both such fine and such imprisonment.

37 | P a g e
Reference Guide to Public Procurement
Mandatory Documents for Bidders and
Suppliers
The Board or a public entity must ensure that a bidder or supplier
is not permitted to receive a procurement contract or otherwise
participate in a procurement process if the bidder did not submit
the required mandatory documents as stipulated in the bidding
documents.

Disqualification of Bidders of Suppliers for


Bidding
A bidder or supplier is disqualified from bidding if such bidder or
supplier:

 is not in good standing with the Receiver of Revenue;


 is not in possession of a valid certificate of good standing with
the Social Security Commission or, in the case where a
company has no employees, confirmation letter from Social
Security Commission;
 is not, as required by the Affirmative Action (Employment) Act,
1998 (Act No. 29 of 1998), in possession of
o a valid affirmative action compliance certificate issue
under section 41 of that Act;
o an exemption issued under section 42 of that Act; or
o a proof from the Employment Equity Commissioner that
the bidder or supplier is not a relevant employer as
defined in that Act; or
 has not submitted a written undertaking as contemplated in
section 138(2) of the Labour Act, 2007

38 | P a g e
Reference Guide to Public Procurement
Can bidders submit certified copies of the Section 50(2)
Documents?

Bidders and suppliers can submit valid original documents or valid


certified copies of an original document as certified by a
Commissioner of Oath appointed in terms of the Justice of the
Peace and Commissioner of Oaths Act, 1963 (Act No. 16 of 1963)
as amended and as per the directive issued by the Minister of
Finance on 29 August 2019. Bidders and suppliers may not be
disqualified for submitting valid certified copies.

39 | P a g e
Reference Guide to Public Procurement
Procurement MethodsSection27
The Act provides for the following procurement methods for
procurement of goods, works and non-consultancy services:

 open advertised bidding;


 restricted bidding;
 request for sealed quotations;
 direct procurement;
 execution by public entities;
 emergency procurement;
 small value procurement;
 request for proposals; and
 electronic reverse auction

The choice of procurement method provides for the


procurement of consultancy services, by request for proposals
on the basis of -

 quality and cost;


 quality alone;
 quality and fixed budget; or
 least cost and acceptable quality.

Public Procurement Act, 2015 sets the procurement methods


available to a Public Entity to make any procurement in a given
circumstance. The Open Advertised Bidding (OAB) is the default
procurement method, but may not be practical in all
circumstances.

When using OAB a Public Entity must publish the invitation to


bid/prequalify in a newspaper with wide circulation. The table
below highlights the conditions for use of procurement methods
other than the OAB.

40 | P a g e
Reference Guide to Public Procurement
Procurement Conditions for Use
Method
Restricted a) the goods, works or services are available only
Bidding from a limited number of suppliers and all of them are
directly solicited;
b) the time and cost of considering a large number
of bids is disproportionate to the value of the
procurement, provided the estimated value of the
contract does not exceed a threshold set out in the
procurement regulations and at least 5 bidders are
directly solicited; or
c) when suppliers of specialized goods and services
have been pre-approved
d) total cost estimate should does not exceed NAD 3
000 000.00.
Two Stage In the case of large or complex contracts for goods
Bidding or works, for which open or restricted bidding is not
suitable because of the difficulty in defining precisely
the goods or works .
Request for a) When the Public Entity seeks to obtain consulting
Proposals services or other services for which OAB is not suitable
because of the difficulty in defining precisely the
services.
b) A Public Entity may draw up a list of service
providers that are known to the Public Entity to solicit
proposals from directly. In the case where the total
cost estimate is above NAD 5 000 0000.00, the Public
Entity must publish an expression of interest in a
widely circulated newspaper.

Request for For the purchase of readily available goods, services


sealed and works, so long as the estimated value of the
Quotations contract does not exceed NAD 2 000 000.00

41 | P a g e
Reference Guide to Public Procurement
Direct a) when in the absence of competition for technical
Procurement reasons the goods, works or services can be supplied
or provided only by one candidate, or when one
supplier or contractor has the exclusive right for
goods or services and there is no other replacement
possibility;
b) within limits defined in regulation 18, for additional
deliveries by the original supplier which are intended
either as replacement parts for existing supplies,
services, or installations, or as the extension of existing
supplies, services, or installations where a change of
supplier would compel the Public Entity to procure
equipment or services not meeting requirements of
interchangeability with already existing equipment
or services;
c) within limits defined in regulations 18, when
additional construction services, which were not
included in the initial contract have, through
unforeseeable circumstances, become necessary
since the separation of the additional construction
services from the initial contract would be difficult for
technical or economic reasons;
d) within limits defined in regulations 18, for new
construction services consisting of the repetition of
similar construction services which conform to a
basic project for which an initial contract was
awarded on the basis of open or restricted bidding;
and
e) for continuation of consulting services, where the
nature of the consultant services requires that a
particular consultant be selected due to unique
qualifications or where continuity of consultant
services is essential to meet the objectives of the
assignment.

42 | P a g e
Reference Guide to Public Procurement
Emergency In cases of extreme urgency, a Public Entity may
Procurement purchase goods, other services or works from a single
supplier without competition, provided the terms of
the procurement are limited to the period of the
emergency, so that appropriate competitive
procurement methods may be utilized at the
conclusion of the emergency period.
Small Value A Public Entity may procure small quantities of goods,
Procurements small works and services, which do not exceed NAD
15 000.00 without resorting to a formal competition.

Electronic a) A Public Entity may use Electronic Reverse Auction


Reverse where it is feasible to formulate a detailed and
Auction precise prescription of the subject matter of the
procurement;
(b) there is a competitive market of bidders
anticipated to be qualified to participate in the
electronic reverse auction so that effective
competition is ensured; and
(c) the criteria to be used by the Board or public
entity in determining the successful bid are
quantifiable and can be expressed in monetary
terms.

43 | P a g e
Reference Guide to Public Procurement
Bidding Process – Open Advertised Bidding
User department, to PMU prepares bid documents
liaise with Procurement Financial Advisor to and Individual Procurement Plan
Management Unit (PMU) 1 verify availability of (IPP) with assistance by user
on the need to procure funds 2
department (procurement above
as per Annual 2 million)
Procurement Plan(APP)

Procurement Committee (PC)


to approve and vet bidding
Accounting Officer document and procurement
PMU invites bids 4
5 approves or decline the method as per APP/
procurement process recommend new procurement
method

44 | P a g e
Reference Guide to Public Procurement
For technical
bid, Bid
Bidders may Bid closing Examination Evaluation
request 7 and
& 8 Committee
clarification from Evaluation 9
(BEC)
PMU Opening of Bids evaluate
6.1
7.1

For 10
Bidders may
evaluation of Next
 Modify At the bid opening session non-technical Page

 substitute read out the: of bids, PC


 Withdraw bid o Name of the bidder evaluates

Before closing
o Total amount
o Any discount /
alternative
o Bid security if
required

45 | P a g e
Reference Guide to Public Procurement
Review the evaluation 7 days stand still
of bid for Recommend to
period for notice
procurement made Accounting Officer
12 13 of procurement
and submitted by for award or
award for
BEC cancellation
procurement
Procurement above 2 million
11
Committee
(PC) 14
Recommend to
Accounting Officer for
non-technical
evaluation of bids
Public Entity
(Accounting Officer
11.1
& PC) to review and
attend to queries
Signing of from Bidders
contract award
15

Bidders have an
Bidder sign contract opportunity to lodge Publish notice of
within 30 days after an application to procurement with the
notice of award 17 review panel in 7 16 executive summary
days within 7 days after
an 46 |Page
award
Reference Guide to Public Procurement
Frequently Asked Questions
 Are procurements using petty cash excluded from the
requirement of the Act?

No, the source of funds does not stipulate whether the


requirement of the Act should apply or not. Section 3(1)(a) states
“this Act applies to all procurement of goods, works and services
and disposal of assets undertaken by the Board or a public entity’
no matter the payment method.

 Who is responsible for choosing the Procurement Method


to be used by the public entity?

The Act stipulates that the PC recommend the procurement


method. Then the Accounting Officer approves and signs the
Annual Procurement Plan where the procurement method is
stated. However, the Procurement Management Unit can advise
further.

 What are the roles of a member of Parliament, a regional


councilor or local authority councilor in the Public
Procurement Act of 2015?

A member of Parliament, a regional councilor or local authority


councilor have no role in Public Procurement other than their
involvement in the budgeting process governance and when
Accounting Officers reports to them. A member of Parliament, a
regional councilor or local authority councilor have no authority
to be involved anywhere in the procurement process and in the
establishment of the internal procurement structures. Section14(a)

 Who should issue, prepare and approve standard bidding


documents?

47 | P a g e
Reference Guide to Public Procurement
The PPU in terms of section 7(1)(i) has the function - to issue
authorised versions of the standardised bidding documents,
standard forms of contracts, pre-qualification documents,
procedural forms, requests for proposals and other similar
documents for mandatory use by every public entity
implementing procurement;

The Procurement Policy Unit is responsible to develop all


authorized versions of Standard Bidding Documents.

The Procurement Management Unit (PMU) and the user


Department are jointly responsible to use the standard bidding
documents authorized by the Procurement Policy Unit to develop
the final bidding documents to be used. The Procurement
Committee or the board approves the bidding document before
issued to the bidders.

 How does CPBN differ from the PPU?

The Central Procurement Board of Namibia is tasked to execute


procurement on behalf of Public Entities if it is above their allowed
thresholds as indicated in Annexure 1 of the Public Procurement
Regulations, while the Procurement Policy Unit does not execute
procurement.

The Procurement Policy Unit instead is tasked with monitoring


and compliance of public entities and the CPBN with regards to
the Act and its Regulations, to review the procurement system, to
assess the impact and promote its fundamental principles. It
executes investigations, compliance audits, drives e-government
procurement and supplier database management and engages
in capacity strengthening.

48 | P a g e
Reference Guide to Public Procurement
 What happens if the Accounting Officer decides not to
award the bid to the recommended bidder after
requesting for a re-evaluation once or multiple times?

The Public Entity can then decide to cancel the bid if it complies
with Section 54 (1) of the Act, but in doing so it may not invite a
re-bid for the procurement on the same specifications and
contract conditions if the rejection of all bids or cancellation of
bidding process is made on a ground specified in subsection
(1)(c), (f) or (g) of Section 54 of the Act. If the bid is to be
repeated, then the Public Entity must examine the reason for the
rejection of all bids or the cancellation of the bidding process
and suitably modify the technical specifications or contract
conditions.

 Who should be the Secretary of the Bid Evaluation


Committee and is the Secretary part of the Bid Evaluation
Committee?
The secretary of a bid evaluation committee should be an in-
house staff member and can be a support staff member from the
Procurement Management Unit. The Secretary is not part of the
Bid Evaluation Committee and therefor is only allowed to take
minutes and inform the Committee, but may not take part in the
evaluation.

 How should a Public Entity request for an exemption?


A Public Entity through its Accounting Officer must write to the
Minister of Finance requesting an exemption explaining why
certain provisions of the Act are not practical or appropriate.

49 | P a g e
Reference Guide to Public Procurement
 Can a Public Entity execute its own Emergency
Procurement process if it is above its threshold as indicated
in Annexure 1 of the Regulations?

The Central Procurement Board of Namibia must execute all


procurements, including Emergency Procurement, if the
estimated value of the procurement exceeds its threshold as
prescribed in Annexure 1 of the Public Procurement Regulations.
If the public entity wishes to carry out such procurement
internally, an exemption from the Minister of Finance must be
sought according to section 41.

 What is the Public Procurement Act’s approach to dealing


with unethical suppliers?

The Act addresses procurement integrity in Section 65 to 68.


Section 67 and 68 specifically addresses conduct of bidders and
suppliers and their suspension, debarment and disqualification.
The Sections referred to address corruption and fraudulent
practices as well as the collusion and the use of coercive
practices. The Act also specifies the potential fines or
imprisonment if bidders and suppliers are found guilty of these
offences. The Review Panel is responsible to determine whether
a bidder of supplier should be suspended, debarred or
disqualified if there are grounds to do so.

 Are the templates for standard bidding documents


available?

Templates are available on the drop box link of the PPU.

https://www.dropbox.com/sh/4wnf8q5dwzzuyme/AAA4R9_Dgb
hf3p__gasdXrH3a?dl=0

50 | P a g e
Reference Guide to Public Procurement
 Does the act allow the users department to serve on the
Bid Evaluation Committee?

Section 26(3)
(3) A bid evaluation committee may include -
(a) one or more members of the user department as appropriate;
(b) the person involved in the preparation of the bidding
document if considered beneficial depending on the type and
complexity of the procurement.

It then read together with:


66. (1) A staff member of the Board or a public entity involved
in planning or conducting procurement process or contract
administration must undertake -
Section 66 (b) withdraw from the procurement process if there is
a potential conflict of interests, unless the Board or public entity
decides that the conflict is trivial to affect the impartiality of the
staff member.
Section 66 (c) avoid any conflict of interest to arise in the carrying
out of his or her functions and in conducting himself or herself.

 Can the Public Entity invite quotations on the Ministerial


website and as well as send the same request
separately to the bidders?

Yes, Public Entities can invite quotations on their website and


provide the same quotations to Bidders requesting quotations
separately. However, invitation for bidding must be done in a
widely circulating newspaper for competitive bidding method.
All bidders intending to download bidding documents must enter
their email address and other relevant information before being
able to download.

51 | P a g e
Reference Guide to Public Procurement
 Can we conduct training for bidders on how to complete
the bidding documents as an entity?

No, The Procurement Policy Unit (PPU) is the only institution


mandated to offer training on procurement. Public Entities may
give guiding sessions to bidders in conjunction with the PPU or with
approval from PPU

Section 7 (1)
In executing any general or specific policy directives issued by
the Minister to achieve the objects of this Act, the functions of the
Procurement Policy Unit, include among others –
(a) To prepare and conduct training programmes and
approve training curriculum on public procurement as
proposed by training institutions for staff members,
contractors and suppliers concerning procurement.

 Can the Bid Evaluation Committee refer back the bid that
they have disqualified directly to the PMU, or should it be
submitted direction to Procurement Committee?

The Chairperson of the Bid Evaluation Committee (BEC) gives


recommendation to the Procurement Committee (PC) to review.
If the PC does not agree then the PC may send the bid to the
Accounting Officer. The Accounting Officer will send the bid
back to BEC for review.

 How does public procurement benefit me?

Government offers a public service and through effective,


efficient, transparent and fair procurement it can offer so much
by being more productive and effectively. Here are some of the
benefits of public procurement for government and therefor all
Namibians when carried out correctly:

52 | P a g e
Reference Guide to Public Procurement
 Increased value for money.
 Reduced corruption.
 Increased trust in government.
 Economic growth.
 Increased tax compliance.
 Improved service delivery.

 What are the roles of public and public servant in public


procurement?

The public can offer goods and services that Public Entities can
procure, while public servants should execute different roles
within the procurement system in accordance with the Public
Procurement Act of 2015 and its Regulations.

 Why should my business remain encouraged to


participate in public procurement?
The Public Procurement Act has objectives as stipulated in
Section 2, which are to promote integrity, accountability,
transparency, competitive supply, effectiveness, efficiency, fair
dealing, responsiveness, informed decision-making, consistency,
legality and integration.

Furthermore, the Act aims for Public Procurement to contribute


to:

 the job creation for Namibian citizens;


 the empowerment of Namibian registered small and
medium enterprises, women and youth by creating
economic opportunity for them and enhancing their
participation in the mainstream economy;
 sourcing of goods manufactured, mined, extracted or
grown in Namibia and local services and labour, including
local entrepreneurial development; and

53 | P a g e
Reference Guide to Public Procurement
 preferential treatment in the allocation of procurement
contracts to -
o Namibian registered small and medium enterprises;
o Namibian registered joint venture business;
o categories of Namibian manufacturers, suppliers,
contractors and service providers;
o Namibian registered entities that promote the
protection of the environment, maintain
ecosystems and sustainable use of natural
resources; or
o Namibian natural persons or categories of persons,
including persons who have been, economically or
educationally disadvantaged by past racial
discriminatory laws or practices,
These objectives should encourage all businesses in Namibia to
offer their goods and services to government to support the
government to achieve the objects of the Act.

 What are the provisions in the Act that makes public


procurement transparent?
Most public contracts are advertised to all potential bidders.
Procurement of goods, works or services may be made by means
of open advertised bidding to which equal access is provided to
all eligible and qualified bidders, except in the cases where open
advertised bidding:
 does not support empowerment and other policies of the
Government contemplated in Section 2 of the Act;
 is not efficient or practical for the procurement in question;
or
 is too costly to apply, given the value of the procurement.

Section 51 of the Act also contributes to transparency with


regards to how the bid opening should be conducted.

54 | P a g e
Reference Guide to Public Procurement
The Act also requires in terms of Section 55(4) that Public Entities
send out a notice for selection of award to all businesses that
participated in the bidding process. Thereafter the Public Entity is
required in terms of Section 55(8) to publish a notice of the
procurement and its accompanying bid evaluation summary.

In Section 57 of the Act, an unsuccessful bidder is given the right


to request from the accounting officer, to be briefed on the
reasons for which its bid or its application for prequalification was
unsuccessful, if the request for such information was submitted
within the prescribed period of the publication of the notice
referred to in section 55(8).

Furthermore, the Procurement Policy Unit is responsible for E-


Government Procurement which will allow improved access to
annual procurement plans, advertised bidding documents, bid
evaluation summaries, notice of award as well as the list of
suspended, debarred and disqualified bidders, some of which is
already available on the Ministry of Finance website under the
section for the Procurement Policy Unit. The Unit can be
contacted.

55 | P a g e
Reference Guide to Public Procurement
Appendix A – Procurement Thresholds
Public entities Types of procurement contract
Categories of public Goods Works Consultancy Non-
entities Services consultancy
services
Estimated Estimated Estimated Estimated
value of value of value of value of
procurement procurement procurement procurement
CATEGORY 1 not not not not
exceeding exceeding exceeding exceeding
N$25 Million N$35 Million N$20 Million N$15 Million
1. Offices, Ministries and
Agencies as defined in
section 1 of the Public
Service Act, 1995 (Act
No. 13 of 1995)
2. National Assembly
3. National Council
4. Electoral Commission
of Namibia
5. All municipalities listed
under Part I of Schedule 1
to the Local Authorities
Act, 1992 (Act No. 23 of
1992)
6. Namibian Ports
Authority
7. Namibia Power
Corporation
8. Namibia Water
Corporation
9. Namibia Student
Financial Assistant Fund
10. National Housing
Enterprise
11. National Petroleum
Corporation of Namibia
12. Namibia Airports
Company
13. TransNamib Holdings
14. Air Namibia

56 | P a g e
Reference Guide to Public Procurement
Public entities Types of procurement contract
Categories of public Goods Works Consultancy Non-
entities Services consultancy
services
Estimated Estimated Estimated Estimated
value of value of value of value of
procurement procurement procurement procurement
CATEGORY not not not exceeding not exceeding
exceeding exceeding N$15 Million N$10 Million
2 N$20 Million N$30 Million
1. All municipalities listed
under Part II of Schedule
1 to the Local Authorities
Act, 1992 (Act No. 23 of
1992)
2. All regional councils as
defined in section 1 of
the Regional Councils
Act, 1992 (Act No. 22 of
1992)
3. Agricultural Business
Development Agency
4. Polytechnic of
Namibia
5. University of Namibia
6. Mineral Development
Fund
7. Namibia Tourism
Board
8. Namibia Wildlife
Resorts Company
9. Windhoek Country
Club
10. Agricultural Bank of
Namibia
11. Development Bank
of Namibia
12. Motor Vehicle
Accident Fund
13. Namibia Financial
Institutions Supervisory
Authority
14. Namibia Institute of
Pathology
15. Namibia
Broadcasting
Corporation
16. Telecom

57 | P a g e
Reference Guide to Public Procurement
17. Electricity Control
Board
18. Epangelo Mining
Company
19. SME Bank of Namibia
20. Roads Authority
21. Roads Contractor
Company
22. Namibia Sports
Commission
23. National Youth
Council
24. National Youth
Service
25. Namibia Statistics
Agency
26. Namibia Institute of
Public Service &
Management

Public entities Types of procurement contract


Non-
Categories of public Consultancy consultancy
entities Goods Works Services services
Estimated Estimated
value of value of Estimated Estimated
procurement procurement value of value of
CATEGORY 3 not not procurement procurement
exceeding exceeding not exceeding not exceeding
N$15 Million N$20 Million N$10 Million N$5 Million
1. All towns listed under
Schedule 2 to the Local
Authorities Act, 1992 (Act
No. 23 of 1992)
2. All villages listed under
Schedule 3 to the Local
Authorities Act, 1992 (Act
No. 23 of 1992)
3. Karakul Board of
Namibia
4. Meat Board of Namibia
5. Meat Corporation of
Namibia
6. Namibian Agronomic
Board

58 | P a g e
Reference Guide to Public Procurement
7. Namibia College of
Open Learning
8. Namibia Qualifications
Authority
9. Namibia Training
Authority
10. Namibia Institute for
Mining Technology
11. National Council for
Higher Education
12. Environmental
Investment Fund of
Namibia
13. Namibia National
Reinsurance Corporation
14. Namibia Fish
Consumption Promotion
Trust
15. Namibia Film
Commission
16. Social Security
Commission
17. Communications
Regulatory Authority of
Namibia
18. Namibia Post &
Telecommunications Ltd
19. Namibia Post &
Telecoms Holdings
20. New Era Publications
21. Minerals Development
Fund of Namibia
22. Namibia Standards
Institution
23. Namibian
Competition Commission
24. Namibia
Development
Corporation
25. National Commission
on Research, Science &
Technology
26. Offshore
Development Company
27. Roads Fund
Administration
28. Sat-Com Company
(Pty) Ltd

59 | P a g e
Reference Guide to Public Procurement
29. Agro-Tour Company
30. Game Products Trust
Fund
31. Namibia Special Risk
Insurance Association
32. Zambezi Waterfront
(Proprietary) Limited
33. Luderitz Waterfront
Company (Proprietary)
Limited
34. Financial Intelligence
Centre
35. Fishery Observers
Agency
36. Namibia Maritime
Fisheries Institute
37. National Fishing
Corporation of Namibia
(under Seaflower
company)
38. National Disability
Council
39. Namibia Press Agency
40. NamZim
41. Trust Fund For
Regional Development &
Equity Provisions
42. Diamond Board of
Namibia
43. Security Enterprises &
Security Officers
Regulation Board
44. Accreditation Board
of Namibia
45. Namibia Estates
Agents Board
46. Business and
Intellectual Property
Authority
47. National Heritage
Council
48. National Art Gallery of
Namibia
49. National Theatre of
Namibia

60 | P a g e
Reference Guide to Public Procurement
Do you have suggestions to improve public procurement?
The Procurement Policy Unit invites suggestions from any person
or body on how to improve Public Procurement and contribute
to the objectives of the Act.

Send suggestions to:


Specific enquiries about public procurement should be directed
to the following units:

Legal Support and Compliance:

Tell: +264-61-209 9413

Email: Evelina.Nakanyala@mof.gov.na

Professionalization and Capacity Strengthening:

Tell: +264-61-209 9406

Email: Willibarth.Haraseb@mof.gov.na

Monitoring & Evaluation

Tell: +264 –61-209 9410

Email: Emilia.Micheal@mof.gov.na

61 | P a g e
Reference Guide to Public Procurement
Notes
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................

62 | P a g e
Reference Guide to Public Procurement
Notes
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………

63 | P a g e
Reference Guide to Public Procurement
Contact Details
Procurement Policy Unit

Tel: +264 (61) 209 9413 / 9404, Ministry of Finance, AgriHouse,


corner of Robert Mugabe & John Meinert Street, Private Bag
13295, Windhoek, Namibia

Dropbox link for relevant documents published by the PPU:

https://www.dropbox.com/sh/4wnf8q5dwzzuyme/AAA4R9_Dgb
hf3p__gasdXrH3a?dl=0

PPU Website: https://eprocurement.gov.na/

PPU (Ministry of Finance-Namibia)


PPU Ministry of Finance –Namibia
Central Procurement Board of Namibia
Tel: +264 (61) 447 770, EMAIL: info@cpb.org.na, WEB:
www.cpb.org.na, Mandume Park, 1 Teinert Street, P.O.Box
23650, Windhoek, Namibia

Review Panel

Tel: +264 (61) 209 2445, EMAIL: Kaarina Kashonga


Kaarina.Kashonga@mof.gov.na , Ministry of Finance, Head
Office, Moltke Street, Private Bag 13295, Windhoek, Namibia

64 | P a g e
Reference Guide to Public Procurement

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy