PUBLIC PROCUREMENT

The Public Procurement Act
GN NO. 813 (Contd)
GOVERNMENT NOTICE NO. 813 published on 20/9/2024
THE UNITED REPUBLIC OF TANZANIA
ACT NO. 10 OF 2023

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ENGLISH VERSION
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THE PUBLIC PROCUREMENT ACT
[PRINCIPAL LEGISLATION]
This version of the Public Procurement Act, has been translated into English
Language, and is published pursuant to section 84(4) of the Interpretation of Law
Act, Chapter 1.
Dodoma, HAMZA S. JOHARI

17th September, 2024 Attorney General
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THE PUBLIC PROCUREMENT ACT, 2023
ARRANGEMENT OF SECTIONS
Section Title
1. Short tittle and commencement.

2. Application.
3. Interpretation.
4. International obligation.
5. General principles and standards of procurement, supply and
disposal.
PART II
COMMISSIONER FOR PUBLIC PROCUREMENT POLICY
6. Commissioner for Public Procurement Policy.

7. Functions of Commissioner for Public Procurement Policy.
PART III
THE PUBLIC PROCUREMENT REGULATORY AUTHORITY
8. Public Procurement Regulatory Authority.

9. Objectives of Authority.
10. Functions of Authority.
11. Scope of investigations by Authority.
12. Initiation of investigation.
13. Evidence.
14. Restriction on disclosure of certain matters.
15. Procedure in respect of investigation.
16. Procedure after investigation.
17. Disciplinary action against public officer.
18. Proceedings of Authority.
19. Powers of Authority.
20. Cancellation of procurement proceedings.
21. Action on recommendation of Authority.
22. Board of Directors.
23. Committees of Board of Directors.
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24. Appointment of Director General.

25. Directors, consultants and other staff of Authority.
26. Funds of Authority.
27. Books of accounts.
28. Audit of accounts.
29. Annual management plan and budget.
30. Annual Public Procurement Performance Evaluation and Value for
Money Report.
31. Annual report.
PART IV
INSTITUTIONAL ARRANGEMENTS IN PROCUREMENT AND
SUPPLY
32. Tender boards.

33. Notification to Authority of composition of tender board.
34. Functions of tender boards.
35. Budget approving authority.
36. Powers of tender boards.
37. Award of contract.
38. Functions and powers of accounting officer.
39. Establishment and composition of Procurement Management Unit.
40. Functions of Procurement Management Unit.
41. User department.
42. Evaluation Committee.
43. Independence of functions and powers.
44. Delegation of powers by accounting officer.
45. Third party procurement.
46. Procurement procedures for Authority and Appeals Authority.
47. Disagreements in decisions.
48. Confidentiality of documents.
PART V
PUBLIC PROCUREMENT PROCEDURES
49. Procurement in commercially operating public bodies.

50. Duties of procuring entity.
51. Approval of annual procurement plan.
52. Procurement through framework agreements.
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53. Qualifications of tenderers.

54. Pre-qualification proceedings.
55. Post-qualification.
56. National preference.
57. Exclusive preference to local persons or firms.
58. Inclusion of local firms and experts in consultancy contract.
59. Use of local experts in works and non-consultancy services
contract.
60. Preference to local goods.
61. Capacity building for local individuals or firms.
62. Joint venture or subcontracting of local firms.
63. Ownership of share capital.
64. Preference to special groups.
65. Procurement from Agency.
66. Language.
67. Tender securities.
68. Rejection of tender or proposal.
69. Acceptance of tender and entry into force of procurement contact.
70. Witnessing of contact signing.
71. Records, information and notice.
72. Debarment.
PART VI
PROCUREMENT METHODS AND PROCESSES
73. e-Procurement.
74. Price cap.
75. Selection of methods of procurement.
76. Force account.
77. Emergency procurement.
78. Procurement directly from manufacturer, dealer or service
provider.
79. Approved procurement standards.
80. Procurement of used locomotives and coaches, aircrafts and ships.
81. Competitive tendering.
82. Health commodities.
83. Invitation to tender and advertising.
84. Issue of tender documents.
85. Content of tender documents.
86. Validity of tenders and tender security.
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87. Evaluation criteria.

88. Receipt of tenders and tender opening.
89. Evaluation and comparison of tender.
90. Approval of contract award.
91. Negotiation and award of contract.
92. Selection of consultants.
PART VII
CONTRACT MANAGEMENT
93. Responsibility to monitor execution of contract.

94. Management of cost, quality and time in procurement contracts.
95. Alteration and amendment.
96. Advance payment.
97. Termination of contract.
98. Contract closure.
PART VIII
SUPPLY MANAGEMENT
99. Receipt and recording of goods, supplies or assets.

100. Responsibility of procuring entry in managing goods, supplies or
assets.
101. Management of goods, supplies or assets.
102. Distribution of goods and supplies.
103. Control of losses and fraud in goods, supplies and assets.
104. Guidelines for management of goods, supplies or assets.
PART IX
PROCUREMENT UNDER PUBLIC PRIVATE PARTNERSHIP
105. Scope, applicability and approval.

106. Selection of transaction advisor or manager.
PART X
PROHIBITIONS
107. Fraud and corruption.

108. Conducts influencing public officer.
109. Disclosure of payment made by way of commission.
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110. Conduct of directors, servants or agents.

111. Institution of criminal proceedings.
PART XI
DISPUTE SETTLEMENT
112. Appeals Authority.

113. Appointment of Executive Secretary.
114. Employees of Appeals Authority.
115. Funds of Appeals Authority.
116. Audit of accounts.
117. Annual management work plan and budget.
118. Annual report.
119. Right to review.
120. Settlement of complaints or disputes by accounting officer.
121. Appeals or complaints to Appeals Authority.
122. Extension of time for submission of complaint, dispute or appeal.
123. Rules applicable to review proceedings.
124. Suspension of procurement proceedings.
125. Judicial review.
PART XII
GENERAL PROVISIONS
126. Codes of Conduct.

127. Protection from personal liability.
128. Offences.
129. Regulations.
130. Guidelines.
131. Repeal and savings.
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SCHEDULES
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THE UNITED REPUBLIC OF TANZANIA
NO. 10 OF 2023
I ASSENT,
SAMIA SULUHU HASSAN,
President
th
[29 September, 2023]
An Act to make provisions for better management of public

procurement and supply, to repeal the Public Procurement Act
of 2011, to re-enact the Public Procurement Act and to provide
for related matters.
ENACTED by the Parliament of the United Republic of Tanzania.

PART I
PRELIMINARY PROVISIONS
Short tittle and 1. This Act may be cited as the Public

commencement
Procurement Act, 2023 and shall come into operation
on such a date as the Minister shall, by notice in the
Gazette, appoint.
Application 2.-(1) This Act shall apply to-
(a) all procurement, supply management and
disposal of assets by tender undertaken by a
procuring entity except where it is provided
otherwise in this Act;
(b) non-Government entities, for procurement
financed by public funds;
(c) public private partnership projects, in their
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relevant stages; and

(d) defence and security organs subject to
subsections (2) and (3).
(2) The defence and security organs shall
manage their procurement and disposal on the basis of
a dual list, covering items subject to open and restricted
procurement or disposal methods respectively.
(3) In every financial year, the defence and
security organs shall agree with the Authority on the
category of items to be included in the restricted list to be
procured or disposed in accordance with the procurement
or disposal methods set out in this Act.
(4) Subject to section 4(1), the extent to which this
Act or regulations made under it conflict with other laws,
regulations or rules on matters relating to public
procurement, supply and disposal of public assets by
tender, the provisions of this Act and regulations made
under it shall prevail.
(5) Notwithstanding any other provision to the
contrary, the provisions of this Act shall not prejudice
implementation of an agreement for development of a
strategic project which provides for special arrangement
of procurement or disposal of assets which has been
approved by the Cabinet and vetted by the Attorney
General.
Interpretation 3. In this Act, unless the context otherwise

requires-
“accounting officer” means a Government officer
Cap. 348 appointed in accordance with the provisions of the
Public Finance Act or a public officer appointed
under any other written law to hold a vote or
subvention and account for all monies expended
from that vote or subvention;
“public officer” means-
(a) any person holding or acting in an office of
emolument in the public service;
(b) a person holding or acting in the office of a
Minister in the Government;
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GN NO. 813 (Contd)
(c) an employee of a public body; or

(d) a person who has been a public officer;
“price cap” means an established minimum and maximum
price which shall be charged for particular goods,
works or services;
“health commodities” includes medicines and medical
devices approved by the regulatory authority for
approving health commodities;
“goods” means raw materials, equipment and other
physical objects of every kind and description,
whether in solid, liquid or gaseous form, electricity,
intangible asset and intellectual property, as well as
services incidental to the supply of the goods,
provided that the value of the services does not
exceed the value of the goods themselves;
“Board” means the Board of Directors of the Public
Procurement Regulatory Authority established under
section 22;
“competent authority” means a person, body of persons,
agency or organ competent to take actions as may be
referred to or directed to it by the Authority under
this Act;
“public funds” means monetary resources appropriated to
procuring entities through budgetary processes,
including the Consolidated Fund, grants, loans and
credits put at the disposal of the procuring entities by
local or foreign donors and revenues generated by
the procuring entities;
“terms of reference” means the statement issued by the
procuring entity giving the definition of the
objectives, goals and scope of the services,
including, where applicable, the means to be used;
“consultancy services” means activities of an intellectual
and advisory nature which do not lead to a
measurable physical output and includes design,
supervision, training, advisory, auditing, software
development and similar services;
“non-consultancy services” means any procurement other
than procurement of goods, works and consultancy
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services;
“services” means both consultancy and non-consultancy
services;
“Independent Government Department” means a
Department of the Government which is not under
the direct control of the parent Ministry;
“department” in relation to a ministry, other public
authority or public body, includes any department or
unit by whatever name known of such ministry,
authority or other body;
“Permanent Secretary” means the Permanent Secretary of
the Ministry responsible for public procurement;
“local firm” means a firm whose majority share capital is
owned by citizens of the United Republic;
“works” means -
(a) all works associated with the construction,
reconstruction, demolition, repair or
renovation of a building, structure, road or
airfield;
(b) any other civil works, such as site preparation,
excavation, erection, building, installation of
equipment or materials, decoration and
finishing; and
(c) service which is tendered and contracted on
the basis of performance of a measurable
physical output such as drilling, mapping,
satellite photography or seismic investigations:
Provided that, contracts which include the
provision of works and services shall be regarded as
works contracts if the total value of the works is
greater than the value of the services covered by the
contract;
“coercive practice” means impairing or harming, or
threatening to impair or harm directly or indirectly,
any party or the property of the party for the purpose
of influencing improperly the action or that party in
connection with public procurement or in
furtherance of corrupt practice or fraudulent
practice;
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“fraudulent practice” means a misrepresentation of facts

in order to influence a procurement process or the
execution of a contract to the detriment of the
Government or a public body and includes collusive
practices among tenderers, prior to or after
submission designed to establish tender prices at
non-competitive levels and to deprive the
Government of the benefits of free and open
competition;
“obstructive practice” means an act intended to materially
impede access to required information in exercising
a duty under this Act;
“Procurement Management Unit” means a department or
unit, depending on the size of the procuring entity,
responsible for the execution of procurement and
supply management functions;
“debarment” means the act of a tenderer being barred
from participating in public procurement for a
specified period of time;
“public asset” means any tangible and intangible property
owned by a public body, and includes physical
property, land, shares or proprietary rights;
Cap.103
“contracting authority” shall have a meaning ascribed to it
under the Public Private Partnership Act;
“local government authority” means a local government
Cap. 287 authority established under the Local Government
Cap. 288 (District Authorities) Act or the Local Government
(Urban Authorities) Act;
“Appeals Authority” means the Public Procurement
Appeals Authority established under section 112;
“approving authority” means an accounting officer or
tender board of a procuring entity;
“Authority” means the Public Procurement Regulatory
Authority established under section 8;
“solicited private partnership proposal” means a proposal
for public private partnership projects which is
initiated by public bodies and represent the
Government’s priority programs;
“unsolicited private partnership proposal” means a
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GN NO. 813 (Contd)
proposal initiated by a private sector party to a

public institution for consideration as public private
partnership project;
“procurement process” means the successive stages in the
procurement cycle, including planning, choice of
procedure, measures to solicit offers from tenderers,
examination and evaluation of such offers, award of
contract and contract management;
“disposal process” means the successive stages in the
disposal cycle, including planning, choice of
procedure, measures to solicit offers from tenderers,
evaluation of such offers and award of contract;
“electronic public procurement system” means a system
developed, hosted and operated by the Authority to
enable a procuring entity carry out procurement and
supply functions electronically;
“framework agreement” means a contractual arrangement
which allows a procuring entity to procure goods,
services or works which are needed continuously or
repeatedly with or without an agreed price over an
agreed period of time;
“guidelines” means guidelines issued by the Authority
under this Act;
“contractor” means a firm, company, corporation,
organisation, partnership or an individual person
engaged in civil, electrical or mechanical
engineering or in construction or building work of
any kind including repairs and renovation, and who
is, according to the context, a potential party or the
part to a procurement contract with the procuring
entity;
“procurement contract” means any licence, permit or
other authority issued by a public body or
concession entered into between a public body and a
supplier, contractor or consultant, resulting from
procurement proceedings for carrying out
construction or other related works or for the supply
of any goods or services;
Cap. 348 “Paymaster General” has the meaning ascribed to it under
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GN NO. 813 (Contd)
the Public Finance Act;

“consultant” means a firm, company, corporation,
organisation, partnership or an individual person
engaged in or able to be engaged in the business of
providing services in architecture, economics,
engineering, surveying or any field of professional
services, and who is, according to the context, a
potential party or the party to a contract with the
procuring entity;
“associate” means a person who-
(a) is in partnership with the public officer; or
(b) in the case of a body corporate, is a controller
of the body corporate or the public officer and
any person who is in association with him;
“procurement professional” or “supply professional”
means a person who has academic qualifications in
procurement and supply from a recognised
university and is registered by the relevant body
responsible for procurement and supply profession;
“service provider” means a natural person, an
incorporated body or a duly registered body licenced
by a competent authority to provide the services and
who is, according to the contract, a potential party or
the party to a procurement contract with a procuring
entity;
“person” includes any association of persons whether
incorporated or not;
“supplier” means company, corporation, organisation,
partnership or individual person supplying goods
and related services and who is, according to the
contract, a potential party or the party to a
procurement contract with a procuring entity;
“tenderer” means any natural or legal person or group of
such persons participating or intending to participate
in procurement proceedings with a view to
submitting a tender in order to conclude a contract
and includes a supplier, contractor, service provider
or asset buyer;
“foreign tenderer” means a firm whose majority share
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GN NO. 813 (Contd)
capital is owned by a foreign citizen;

“tender document” means a written or electronic
document or request for proposal inviting tenderers
to participate in procuring or disposal by tender
proceeding and includes document inviting potential
tenderer for pre-qualification;
“price catalogue” means a list which defines the range of
minimum and maximum prices of goods and
services prepared and maintained by the Authority;
“digital signature” means an electronic signature based
upon cryptographic methods of originator
authentication, computed by using a set of rules and
parameters such that the identity of the signer and
the integrity of the data can be verified;
“Government” means the Government of the United
Republic of Tanzania;
“procuring entity” means a public body and any other
body, or unit established and mandated by the
Government to carry out public functions;
“public body” or “public authority” means-
(a) any ministry, department or agency of the
Government;
(b) any body corporate or statutory body or
authority established by the Government;
Cap. 212 (c) any company registered under the Companies
Act being a company in which the
Government or an agency of the Government,
is in the position to influence the policy of the
company; or
(d) any local government authority;
“commercially operating public bodies” means public
bodies which are operating commercially as
provided in the establishment legislation or
identified by the Treasury Registrar as operating
commercially;
“procurement proceedings” means the proceedings to be
followed by a procuring entity or any approving
authority when engaging in procurement;
“value for money” means the maximum benefits derived
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from goods, works or services procured with the

resources available worth the cost incurred;
Cap. 103
“Public Private Partnership” shall have a meaning
ascribed to it under the Public Private Partnership
Act;
“competitive selection” means the method of procurement
whereby consultants or providers of services are
invited by the procuring entity to compete with each
other in submitting either unpriced or priced tenders,
where the tenders are evaluated either on the basis of
quality or on the basis of a combination of quality
and cost;
“pre-qualification” means a formal procedure whereby
suppliers, contractors or consultants are invited to
submit details of their resources, and capabilities
which are screened prior to invitation to tender on
the basis of meeting the minimum criteria on
experience, resources, capacity and financial
standing;
“supply” means the procedure used by a procuring entity
to facilitate acquisition, receipt, distribution,
storage, maintenance, use of supplies, goods and
services by the user department;
“e-supply” means supply functions conducted through an
electronic system in accordance with this Act;
“post-qualification” means a due diligence procedure
applied after tenders have been evaluated prior to
award of contract, to determine whether or not the
lowest evaluated tenderer or the highest evaluated
tenderer in case of revenue collection has the
experience, capability and resources to carry out
the contract effectively;
“emergency procurement” means procurement of goods,
works or services essentially to meet an
emergency situation which cannot be done
through normal procurement process;
“e-procurement” means public procurement functions
conducted through an electronic system in
accordance with this Act;
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“procurement” means buying, purchasing, renting,

leasing, hire-purchase or otherwise acquiring any
goods, works or services by a procuring entity and
includes all functions which pertain to the
obtaining of any goods, works or services,
including identifying and consolidating
requirements, selection and invitation of tenderers,
preparation, award and management of contracts;
“disposal” means the divestiture o f public assets
including intellectual and proprietary rights and
goodwill, and any other rights of a procuring
entity or entity disposing assets by way of tender
in accordance with this Act;
“supply chain management” includes all activities of
implementation, monitoring and evaluation of
supply chain activities including designing,
identification of needs, planning, procurement,
receiving, warehousing, storage, distribution,
contract management, utilisation and disposal of
assets with an objective of obtaining value for
money intended by the procuring entity;
“supply management” means the effective and
economical co-ordination and execution of-
(a) warehouse organisation, storage, inventory
control and preservation;
(b) physical distribution including transportation,
handling, clearing and forwarding, customs
and port clearance;
(c) stock verification and stock taking; and
(d) disposal, recycling of materials, assets transfer
and auctioneering and preservation;
“false representation” means a misrepresentation of fact
made by one party to another with intent to
deceive and with the knowledge that it is false;
“medical devices” has the meaning ascribed to it under
Cap. 219
the Medicines and Medical Devices Act;
“specification” means a description of any commodity,
works or services by reference to its nature,
quality, strength, purity, composition, quantity,
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dimensions, weight, grade, durability, origin, age

or other characteristics or to any substance or
material of, or with which, or the manner in
which, any commodity, works or services may be
manufactured, produced, processed, treated, built
or installed;
“collusive practices” means an arrangement between two
or more parties with or without a knowledge of the
other party or parties designed to achieve an
improper purpose, including to influence
improperly the actions of another party;
“corrupt practice” has the meaning ascribed to it under the
Cap. 329
Prevention and Combatting of Corruption Act;
“defence and national security organs” has the meaning
Cap. 61 ascribed to it under the National Security Council
Act;
“Agency” means the Government Procurement Services
Agency;
“Minister” means the Minister for responsible for public
procurement;
“tender” means an offer, proposal or quotation made by a
supplier, contractor or consultant in response to a
request by a procuring entity;
“successful tender” means a tender evaluated and selected
by the procuring entity as-
(a) offering the lowest evaluated cost and has the
capacity and capability to execute the contract,
in case the method of procurement used was
competitive tendering;
(b) being the most responsive to the needs of the
procuring entity if the procurement method
used was competitive quotations, single source
procurement, competitive selection or where
goods or services of minor value were
procured; or
(c) the highest evaluated price;
“competitive tendering” means the method of
procurement whereby suppliers, contractors,
service providers or consultants are invited by the
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procuring entity to compete with each other in

submitting priced tenders for goods, works or
services;
“lowest evaluated tender” means the tender with the
lowest price after consideration of all relevant
factors and the calculation of any weighing for
these factors, provided that such factors have been
specified in the tender documents; and
“highest evaluated tender” means the tender with the
highest evaluated price offered by a tenderer for
revenue collection services or for the asset to be
disposed of, which is found to be highest after
considering relevant factors specified in the tender
documents.
International 4.-(1) Where this Act conflicts with an obligation

obligation
of the United Republic arising out of -
(a) any treaty or other form of agreement to
which the Government is a party with one or
more other states or political sub-divisions of
such states; or
(b) any grant agreement entered into by the
Government with an inter-governmental or
international financing institution in which the
Government is the beneficiary,
the requirement of such treaty or agreement shall prevail,
but in all other respects, procurement shall be governed
by this Act.
(2) Where the Government enters into any treaty
or other form of agreement which favours an external
beneficiary, then -
(a) procurement made through contributions by
the Government shall be undertaken in the
United Republic through national suppliers,
contractors or consultants;
(b) all relevant insurances shall be placed with
companies registered in the United Republic;
(c) supplies shall be transported in carriers
registered in the United Republic.
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(3) Where, for reasons of limitations of capacity,

national suppliers, service providers, contractors or
consultants are unable to satisfy wholly or in part, the
specific procurement requirements, they shall be offered a
preferential opportunity to participate in the procurement
or disposal process of the beneficiary entity, in
conjunction with firms in that country, and where
applicable to offer such requirements from third sources.
(4) Where there is a need for derogation from the
application of subsections (1) and (2), the competent
agency responsible for the procurement or disposal in
question may make an application to the Authority by
submitting supporting documentation and justification.
General 5.-(1) All public procurement, supply and disposal

principles and
standards of shall be conducted in accordance with the basic principles
procurement, set out in this Act.
supply and (2) Subject to this Act, all procurement, supply
disposal
and disposal shall be conducted in a manner that-
(a) achieves value for money; and
(b) maximises integrity, competition,
accountability, sustainability, economy,
efficiency and transparency.
(3) Procuring entities shall, in the execution of
their duties, undertake to achieve the highest standards of
equity, taking into account-
(a) equality of opportunity to all tenderers;
(b) fairness of treatment to all parties;
(c) promotion of local industry, sustainable
development and protection of the
environment;
(d) the need to obtain the best value for money in
terms of price, quality and delivery, having
regards to prescribed specifications and
criteria.
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PART II
COMMISSIONER FOR PUBLIC PROCUREMENT POLICY
Commissioner 6.-(1) There shall be the Commissioner for Public

for Public
Procurement Procurement Policy under the Ministry responsible for
Policy public procurement.
(2) The Commissioner for Public Procurement
Policy shall be a senior procurement and supply
professional who is registered by the procurement and
supply professional body.
(3) In the discharge of his functions, the
Commissioner for Public Procurement Policy shall be
responsible to the Permanent Secretary.
Functions of 7. The functions of the Commissioner for Public
Commissioner
for Public Procurement Policy shall be to-
Procurement (a) develop a National Procurement and Supply
Policy Policy and Strategy;
(b) review procurement and supply policies,
regulations, circulars and other related
directives with a view of updating the same;
(c) monitor the implementation of the Public
Procurement Policy;
(d) advise the central Government, local
governments and statutory bodies on policy
issues and procurement and supply
management;
(e) develop and manage procurement and supply
cadre;
(f) monitor and evaluate procurement and
supply management systems;
(g) conduct research on procurement and supply
policies, and advise accordingly;
(h) advise on applications for retrospective
approval;
(i) monitor and evaluate performance of the
Agency and public procurement oversight
institutions;
(j) advise on the structure, appointment of heads
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of procurement management unit and

recommend the transfer of procurement and
supply staff; and
(k) link the Government with professional
institutions and stakeholders on all issues
relating to public sector procurement and
supply.
PART III
THE PUBLIC PROCUREMENT REGULATORY AUTHORITY
Public 8.-(1) There shall continue to exist an Authority
Procurement
Regulatory known as the Public Procurement Regulatory Authority
Authority (2) The Public Procurement Regulatory Authority
shall have all the powers necessary or expedient for the
performance of its functions and shall-
(a) be a body corporate with perpetual succession
and a common seal;
(b) in its corporate name, be capable of-
(i) suing and be sued;
(ii) holding, purchasing and otherwise
acquiring and disposing of movable
or immovable property; and
(iii) entering into any contract or other
transactions;
(c) exercise the powers and perform the functions
conferred upon it under this Act; and
(d) do all other things which a body corporate
may lawfully do, for the proper performance
of its functions under this Act.
(3) The affixation of the common seal of the
Authority on any document shall be authenticated by the
signature of the Director General.
(4) A document purporting to be an instrument
issued by the Authority sealed with the seal of the
Authority and authenticated in accordance with
subsection (3), shall be deemed to be an instrument of the
Authority and shall be received as evidence without
further proof.
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Objectives 9. The objectives of the Authority shall be to-

of
Authority (a) ensure value for money in procurement and
supply;
(b) ensure observance of fairness, competition,
transparency, sustainability, accountability,
economy, efficiency, effectiveness and
integrity in public procurement and supply;
(c) set standards for the public procurement and
supply systems in the United Republic;
(d) ensure that procuring entities give preference
to local tenderers in tenders for goods, works
and services;
(e) monitor compliance of the law by
procuring entities; and
(f) build, in collaboration with the Ministry
responsible for procurement and supply and
other relevant professional bodies,
procurement and supply capacity in the United
Republic.
Functions of 10. The functions of the Authority shall be to-
Authority
(a) advise Government, local government
authorities and statutory bodies on
procurement and supply principles and
practices;
(b) monitor and report on the performance of
the procurement and supply management
systems in the United Republic and advise on
desirable changes;
(c) regulate procurement of consultancies,
transaction advisors and private parties in
respect of public private partnership projects in
accordance with the regulations made under
the Public Private Partnership Act and
Cap. 103 guidelines issued by the Authority in
collaboration with the Public Private
Partnership Unit;
(d) in collaboration with the Office of the
22
GN NO. 813 (Contd)
Attorney General and professional bodies,

prepare, update and issue authorised versions
of the standardised tendering documents,
procedural forms and any other authorised
documents to procuring entities;
(e) approve the use of tendering documents,
procedural forms and any other attendant
documents other than standardised documents
issued by the Authority;
(f) issue guidelines under this Act;
(g) organise and maintain a system for the
publication of data on public procurement
opportunities, awards and any other
information of public interest as may be
determined by the Authority;
(h) conduct periodic inspections of the records and
proceedings of procuring entities to ensure full
and correct application of this Act;
(i) monitor the award, implementation of public
contracts and supplies management with a
view to ensuring that-
(i) such contracts are awarded
impartially and on merit;
(ii) the circumstances in which each
contract is awarded or terminated, do
not involve impropriety or
irregularity;
(iii) without prejudice to the functions of
any public body in relation to any
contract, the implementation of each
contract conforms to the terms
thereof;
(j) institute-
(i) procurement audits during the tender
preparatory process;
(ii) contract audits in the course of
execution of an awarded contract;
(iii) supplies audits during and after
contract implementation; and
23
GN NO. 813 (Contd)
(iv) performance audit after the

completion of the contract in respect
of any procurement as may be
required;
(k) determine, develop, introduce, maintain and
update related system to support public
procurement by means of information and
communication technologies including the use
of electronic system in procurement and
supply management;
(l) agree on a list, which shall be reviewed
annually, of services and supplies in common
use by more than one procuring entity which
may be subject to common procurement;
(m) administer and enforce compliance with the
provisions of this Act, regulations and
guidelines issued under this Act;
(n) build capacity to stakeholders engaged in
public procurement and supply issues;
(o) obtain price information for standardised
goods, works and services from relevant
public bodies with a view to ensuring that the
prices conform with the prevailing market
prices;
(p) in so far as may be deemed appropriate,
prepare and maintain a record of price capping
for standardised goods, works and services in
public procurement with a view to ensure
value for money and its conformity with the
prevailing market prices;
(q) undertake research and surveys nationally and
internationally on procurement and supply
matters; and
(r) undertake any activity that may be necessary
for the execution of its functions.
Scope of 11.-(1) Subject to subsection (2), the Authority
investigations
by Authority may, if it considers necessary or desirable, conduct an
investigation into any or all of the following matters:
24
GN NO. 813 (Contd)
(a) the registration of contractors, suppliers or

consultants in relation to the specific
procurement;
(b) tender procedures relating to contracts
awarded by public bodies;
(c) award of any public contract;
(d) implementation of the terms of any public
contract;
(e) circumstances of the grant, issue, use,
suspension or revocation of any prescribed
license;
(f) practice and procedures relating to the grant,
issue, suspension or revocation of any
prescribed license;
(g) applications for retrospective approvals; and
(h) any other matter which shall be submitted to
the Authority or which the Authority may
consider necessary.
(2) The Authority shall, with prior written
direction of the Paymaster General, investigate-
(a) any public contract or any matters concerning
any contract entered into for the purposes of
defence or for the supply of equipment to the
security organs;
(b) the grant or issue of any prescribed licence for
the purposes of defence or for the supply of
equipment to the security organs and any
report or comment thereon shall be made to
the Paymaster General or the Minister or to
both.
(3) Where the budget approving authority or
accounting officer is not satisfied with the implementation
of the procurement or disposal, the authority or
accounting officer may, after paying the costs determined
by the Authority, submit to the Authority a request to
conduct an investigation or special audit regarding any
issue in such procurement or disposal.
(4) During the conduct of investigation, the
Authority may order the suspension of proceedings or
25
GN NO. 813 (Contd)
implementation of any matter under investigation.
Initiation of 12. An investigation carried out pursuant to

investigation
section 11 may be undertaken by the Authority on its own
initiative or as a result of presentations made to it, if in its
opinion, such investigation is warranted.
Evidence 13.-(1) Subject to the provisions of subsection (3)

and section 11(1), the Authority may at any time require
any officer or member of a public body or any other
person who, in its opinion, is able to give any assistance
in relation to the investigation of any matter pursuant to
this Act, to furnish information and produce any
document under his control.
(2) The Authority may summon before it-
(a) any person who has made presentation to it; or
(b) any officer, servant or employee of a public
body, or any other person who, in the opinion
of the Authority, is capable to furnish
information relating to the investigation.
(3) A person shall not, for the purposes of an
investigation, be compelled to give evidence or produce
any document or thing, which he may not be compelled to
give or produce in proceedings in any court of law.
Restriction on 14.-(1) Where the Paymaster General, acting on
disclosure of
certain matters his own initiative or at the direction of the Minister-
(a) gives notice that the disclosure by the
Authority or its employees of any document or
information specified in the notice, or any
class of document or information so specified,
shall-
(i) involve the disclosure of the
deliberations or decision of the
Government or the Cabinet, or any
committee thereof, relating to matters
of a secret or confidential nature and is
likely to be injurious to the public
interest;
26
GN NO. 813 (Contd)
(ii) prejudice the relations of the United

Republic with the government of any
other country or with any international
organisation; or
(iii) prejudice the detection of offences,
the Authority, its employee or any member of
its staff shall not communicate to any person
for any purpose any document or information
specified in the notice or any document or
information of a class so specified;
(b) certifies that the giving of any information or
the answering of any question or production of
any document would prejudice the security or
defense of the United Republic, the Authority
or its employee or staff shall not further
require such information or answer to be given
or such document or thing to be produced.
(2) Except as provided for in subsection (1), any
regulations which authorise or require the refusal to
answer any question or the withholding of any
information, document or thing on the ground that the
answering of the question or the disclosure of the
information, document or thing may be injurious to the
public interest, shall not apply in respect of any
investigation by or proceedings before the Authority or its
staff.
Procedure in 15. In conducting an investigation, the Authority
respect of
investigation may use any procedures it deems appropriate depending
on the circumstances of the relevant issue and in
accordance with the provisions of this Act.
Procedure after 16.-(1) The Authority shall, after conducting
investigation
investigation under this Act and in writing, inform the
Paymaster General and the relevant competent authority
or the accounting officer of the public body concerned of
the result of that investigation and make
recommendations as it considers necessary in respect of
the matter on which investigation was conducted.
27
GN NO. 813 (Contd)
(2) The Director General of the Authority may,

where report of the Authority reflects adversely upon any
person, so far as practicable, inform that person of the
substance of the report.
Disciplinary 17.-(1) The Authority shall, where during the
action against
public officer course of its investigation or on the conclusion thereof, it
finds the evidence of breach of duty, misconduct or
criminal offence on the part of an officer or member of a
public body, refer the matter to the competent authority.
(2) The Authority shall refer the matter to the
person or persons competent to take disciplinary or any
other appropriate proceedings against the officer or
member and submit a special report to the Minister.
Proceedings of 18. The proceedings of the Authority or its
Authority
committees shall not be rendered void for want of form.
Powers of 19.-(1) The Authority shall, in the exercise of its
Authority
regulatory functions, have powers to-
(a) require any information, document, record and
report in respect of any aspect of the public
procurement and supply process where a
breach, wrongdoing, mismanagement or
collusion has been alleged, reported or proven
against any procuring entity or tenderer;
(b) summon witnesses, call for the production of
books of accounts, plans, documents and
examine witnesses and parties concerned on
oath;
(c) commission or undertake investigations and
institute procurement, supply, contract and
performance audits;
(d) cause to be inspected any procurement
transaction to ensure compliance with contract
award by a procuring entity;
(e) enter into any premises or location-
(i) where work on a public contract has
been or is being or is to be carried out;
28
GN NO. 813 (Contd)
(ii) where it has reason to believe that any

book, records, document or any other
property referred to in paragraph (a),
may be found;
(iii)occupied by any person in order to
make an enquiry or to inspect
document, record or property as it
considers necessary to any matter
being investigated by it;
(f) retain any such document, record or other
property involved in any matter being
investigated by the Authority;
(g) obtain information of the award and the
variation of any public contract by the
procuring entity responsible for such contract;
(h) direct the procuring entity to take such actions
as necessary to rectify the contravention of this
Act, regulations or guidelines;
(i) act upon complaints by procuring entities or
any other entity or person;
(j) commission any studies relevant to the
determination of award of contracts; and
(k) request any professional or technical
assistance from any appropriate body or
person in Tanzania or elsewhere.
(2) Where-
(a) the Authority has authorised a member of staff
of the Authority to enter any premises; and
(b) the authorised officer is denied or prevented
from gaining entry to the premises,
a magistrate may on application, have power to issue a
warrant authorising any police officer to forcibly enter the
premises to conduct the search and make copies or take
extracts of documents therein.
(3) For the purposes of subsection (2), the
Authority shall have power to require any procuring
entity to furnish the Authority information with regard
to the award of any public contract and such other
information in relation thereto as the Authority considers
29
GN NO. 813 (Contd)
desirable.
Cancellation of 20.-(1) Notwithstanding anything to the contrary
procurement
proceedings provided for in any other written law, the Authority shall,
after conducting an investigation is reasonably satisfied
that there is a breach of this Act, terminate the
procurement proceedings.
(2) For the purposes of subsection (1), where
several lots or health products in one tender are not in
compliance with this Act, the Authority shall cancel the
procurement proceedings in respect to such lots or
products.
(3) The Authority shall, within seven days prior to
making a decision under subsection (1), give the
procuring entity or any other person whom it believes that
his legal rights may be adversely affected by the decision,
an opportunity to submit defence.
(4) The Authority shall not incur any liability
towards the procuring entity or any other person or body
interested in the tender under review or investigation by
virtue of invoking its powers under this section.
Action on 21.-(1) The Authority shall, where there is
recommendation
of Authority persistent breach of this Act, regulations or guidelines
made under this Act, recommend to the competent
authority-
(a) the suspension of funds disbursements to any
procurement financed by specific public funds
where a breach has been established, to non-
Government entities, or require the refund of
the lost funds by such entities;
(b) the replacement of the head of a Procurement
Management Unit, chairman or member of the
tender board, as may be considered
appropriate;
(c) the disciplining of the accounting officer, the
head of Procurement Management Unit, a
member of the tender board, a member of
evaluation committee or any other officer
30
GN NO. 813 (Contd)
concerned with the procurement process in

issue; and
(d) the temporary transfer of the procurement
functions of a procuring entity to a third-party
procurement agent or Agency.
(2) The competent authority shall respond in
writing to the Authority’s recommendations on the
actions taken within fourteen days from the date of receipt
of such recommendations.
(3) The Authority shall, in its Annual Performance
Evaluation Report include-
(a) its audit findings and complaints investigated;
(b) its recommended corrective measures in each
case;
(c) the response and actions taken by-
(i) the respective competent authority; and
(ii) relevant law enforcement and oversight
agencies;
(d) any remedial measures taken.
Board of 22.-(1) There shall be a Board to be known as the
Directors
Board of Directors of the Public Procurement Regulatory
Authority which shall consist of the following members:
(a) non-executive Chairman, who shall be
appointed by the President;
(b) six members, two of whom shall be
procurement and supply professionals and four
from the fields of law, finance, management,
engineering, commerce, or in any other
relevant field, who shall be appointed by the
Minister.
(2) The Director General of the Authority shall be
the secretary to the Board.
(3) The Board shall be the governing body of the
Authority.
(4) The Chairman and members of the Board shall
be appointed from amongst persons of good standing with
high levels of professionalism, competence and integrity.
(5) Matters regarding the procedures of the Board
31
GN NO. 813 (Contd)
shall be as prescribed in the First Schedule.

Committees of 23.-(1) The Board may establish such committees
Board of
Directors which may be necessary for the better carrying out of the
functions of the Authority, except that, in any case, the
committees shall not exceed five.
(2) The Board shall determine the terms of
reference of the committees, their composition and the
conditions for their operation.
Appointment of 24.-(1) There shall be a Director General of the
Director General
Authority who shall be appointed by the President on
such terms and conditions as the President determines on
contract of four years subject to renewal for one further
term.
(2) The Director General shall be appointed from
among professionals with at least ten years’ experience in
either engineering, architecture, law, finance,
procurement and supply management, quantity surveying,
business administration, economic development planning
or in any other related field and shall have proven record
of procurement experience.
(3) Subject to the general supervision and
direction of the Board, the Director General shall be
responsible for the-
(a) management and operations of the Authority;
(b) management of the funds, property and
business of the Authority;
(c) management of the officers and staff of the
Authority; and
(d) promotion of training and disciplining of the
officers and staff of the Authority in
accordance with the terms and conditions of
their employment.
(4) The Director General shall be the accounting
officer of the Authority and in discharging the duty
imposed under this section, he shall, be guided by the
laws governing employment in the public service.
32
GN NO. 813 (Contd)
Directors, 25.-(1) The Authority shall employ Directors who
consultants and
other staff of shall be principal assistants to the Director General, other
Authority officers and staff of such number and titles as may be
necessary for the efficient discharge of the functions of
the Authority on such terms and conditions as may be
determined by the Board.
(2) The Authority may appoint consultants and
experts in various disciplines on such terms and
conditions as the Authority may determine.
(3) The Authority shall establish and comply with
a competitive selection procedure for the appointment of
consultants and experts.
(4) A person who was the chairman or a member
of the Board, the Director General or an employee of the
Authority shall not, during a period of twelve months
after the expiration or termination of the term of office
with the Authority-
(a) enter into any contract of employment or
supply of services to any person or
organisation which was subject of a contract
with the Authority at the time when such
person was the member, Chairman, Director
General or employee of the Authority;
(b) acquire or hold any financial interest,
whether as an employee, partner, shareholder,
officer or joint venture, in any business or
organisation supplying services to any
organisation or person who was subject of a
contract with the Authority at the time
when such person was the member, Chairman,
Director General or employee of the
Authority.
Funds of 26.-(1) The funds of the Authority shall consist of-
Authority
(a) money appropriated by Parliament;
(b) loans or grants;
(c) revenues collected from goods or services
rendered by the Authority; and
(d) any other money received or made available
33
GN NO. 813 (Contd)
to the Authority for the purposes of

discharging its functions.
(2) The Authority may collect fees and charges on
services rendered.
(3) There shall be paid from the funds of the
Authority-
(a) the salaries and allowances of the staff of the
Authority;
(b) reasonable travelling, transport and
subsistence allowance for members of the
Board or members of any committee of the
Authority when engaged on the business of the
Authority, at such rates as the relevant
authority may determine; and
(c) any other expenses incurred by the Authority
in the performance of its functions.
(4) The Authority may, with prior approval of the
Paymaster General, invest, in such manner as it considers
fit, such amount of its funds which it does not
immediately require for the performance of its functions.
Books of 27.-(1) The Authority shall maintain proper books
accounts
of accounts and other records relating to its accounts and
prepare an annual statement of accounts including the
income and expenditure accounts and the balance sheet.
(2) The books of accounts and other records shall
be open for inspection by the Minister or any person
duly authorised by him in that behalf.
Audit of 28.-(1) The accounts of the Authority shall be
accounts
audited by the Controller and Auditor-General.
(2) The Controller and Auditor-General or other
person appointed by him in connection with the auditing
of the accounts of the Authority under this Act shall have
the same rights, privileges and authorities in connection
with such audit as the rights, privileges and authorities the
Controller and Auditor-General has in connection with
the auditing of Government accounts.
(3) The auditor shall, for the performance of his
34
GN NO. 813 (Contd)
duties under subsection (1), have access to all books of

accounts, records, revenue and expenditure, reports and
other documents relating to the Authority’s accounts at
all reasonable times.
(4) The auditor shall, in respect of each financial
year, certify whether-
(a) he has received all the explanations and other
information necessary for the performance of
his duties;
(b) the accounts of the Authority have been
properly kept; and according to the
explanations and other information received,
and the books of account, records, revenue and
expenditure, reports and other documents
relating to the Authority accounts produced
to him, the accounts of the Authority reflect a
true and accurate financial position of the
Authority.
(5) The accounts of the Authority as certified by
the Controller and Auditor-General or any other person
appointed by him on his behalf together with the audit
report shall be forwarded annually to the Board and the
Minister.
(6) The Minister shall cause the accounts and the
audit report received under subsection (5) to be laid
before the National Assembly within three months of
receiving the report or at the next sitting of the National
Assembly, whichever event comes first.
Annual 29.-(1) The Director General shall, not later than
management
plan and three months before the end of each financial year,
budget prepare and submit to the Board an Annual Management
Plan which include a budget for its approval for the next
financial year.
(2) The Director General may, at any time before
the end of a financial year, prepare and submit to the
Board for approval any estimates supplementary to the
budget of the current financial year.
(3) Expenditure shall not be made out of the
35
GN NO. 813 (Contd)
funds of the Authority unless that expenditure is part of

the expenditure approved by the Board under the
estimates for the financial year in which the expenditure
is to be incurred, or in the supplementary budget for that
year.
(4) The Board shall, u pon approval of an annual
budget or any supplementary budget, submit such budget
to the Minister for approval.
Annual Public 30. On or before 30th March of each year, or on
Procurement
Performance such other date as the President may direct, the Authority
Evaluation and shall submit to the President an annual report on the
Value for Money performance evaluation of public procurement, supply
Report
and disposal of assets and value for money, which shall
include-
(a) an evaluation of operations of procuring
entities in respect to compliance;
(b) audit findings, complaints investigated and
corrective actions taken; and
(c) any other information as the President may
direct.
Annual report 31.-(1) The Authority shall, within three months
after the end of each financial year submit to-
(a) the Minister, an annual report of the
Authority’s operations in respect of that year
and the annual management plan;
(b) the Controller and Auditor-General, the
accounts of the Authority in respect of that
financial year.
(2) The Minister shall lay before the National
Assembly the annual report within three months from the
date of his receiving the report or at the next sitting of the
National Assembly, whichever event comes first.
(3) The Authority may, where circumstances
require, prepare a special report on any matter relating to
procurement and supply and submit to the Minister.
36
GN NO. 813 (Contd)
PART IV
INSTITUTIONAL ARRANGEMENT IN PROCUREMENT AND
SUPPLY
Tender boards 32.-(1) Except where it is provided otherwise in
this Act, each procuring entity shall establish a tender
board for approval of procurement of goods, services,
works and disposal of assets other than procurement
approved by an accounting officer under this Act.
(2) The composition of tender boards, the method
of appointment of members, and the procedures to be
followed by such tender boards other than local
government authority tender boards, shall be as prescribed
in the Second Schedule.
(3) The composition of local government authority
tender board and the method of appointment of the
members and the procedures to be followed by such a
tender board, shall be prescribed in the regulations.
(4) The regulations made pursuant to subsection
(3) shall, inter alia, provide for the procedure under
which a local government authority through its committee
responsible for finance and planning shall perform its
oversight function on public procurement matters.
(5) For the purpose of subsection (1), tender board
approval shall be required for all procurement of goods,
services, works and disposal of public assets subject to the
threshold of approval.
(6) Procurement of goods, services, works and
disposal of public assets other than procurement which
requires tender board approval shall be approved by the
accounting officer.
(7) Procedures for the procurement of goods,
services, works and disposal of assets which are subject to
the tender board approval and which are subject to the
accounting officer’s approval shall be as prescribed in the
regulations.
(8) Notwithstanding the threshold of approval, the
accounting officer may seek approval of the tender board
in respect of the procurement which is not subject to
37
GN NO. 813 (Contd)
tender board approval.

(9) The procuring entity shall not split a tender for
the purpose of avoiding tender board approval.
Notification to 33.-(1) The accounting officer shall inform the
Authority of
composition of Authority of the composition of the tender board and the
tender board qualifications of its members within fourteen days from
the date of its appointment.
(2) Where the organisational structure of a
particular procuring entity is too small to constitute a
tender board, the Authority shall prescribe the procedure
to be followed.
Functions of 34. Subject to the provisions of section 32, the
tender
boards functions of the tender board shall be to-
(a) deliberate on the recommendations from the
Procurement Management Unit and approve
award of contracts;
(b) review all applications for variations,
addenda or amendments to ongoing
contracts;
(c) approve tender documents;
(d) approve procurement, supply and disposal of
assets subject to the prescribed threshold; and
(e) ensure that best practices in relation to
procurement and disposal are strictly
adhered by procuring entity.
Budget 35.-(1) The budget approving authority shall, in

approving
authority respect of procurement, be responsible for-
(a) reviewing and approving of annual
procurement plan based on its budget and
action plan;
(b) reviewing of quarterly procurement report
submitted by the accounting officer;
(c) ensuring that the entity complies with the
provisions of the Act and regulations;
(d) ensuring that the Authority’s recommendations
with respect to established wrongdoings in
38
GN NO. 813 (Contd)
procurement activities are implemented; and

(e) taking disciplinary actions against the staff
implicated on wrongdoings under paragraph
(d).
(2) The budget approving authority may request
the Authority to carry out procurement audit or
investigation where it is not satisfied with the
implementation of any procurement in the procuring
entity.
Powers of 36. In the exercise of their powers under this Act,
tender
boards tender boards may-
(a) request for any professional or technical
advice from any appropriate body or person in
Tanzania or elsewhere;
(b) examine such records or other documents and
take copies or extracts therefrom; and
(c) do all such acts and things as they may be
considered reasonable and justifiable to the
attainment of their objects.
Award of 37.-(1) Notwithstanding any other enactment, a
contract
procuring entity shall not-
(a) advertise, invite, solicit or call for tenders or
proposals in respect of a contract unless
authorised by the accounting officer; and
(b) award any contract unless the necessary
approvals have been granted.
(2) A person or firm shall not sign a contract
with any procuring entity unless the award has been
approved by the approving authority.
(3) The acceptance of a tender shall be
communicated in writing through the electronic public
procurement system to a successful tenderer by the
accounting officer.
Functions and 38.-(1) The accounting officer shall have the
powers of
accounting overall responsibility for the execution of the
officer procurement and supply processes in the procuring
39
GN NO. 813 (Contd)
entity, and in particular, shall be responsible for-

(a) establishing a tender board and appointing its
members in accordance with this Act;
(b) approving all procurement, supply and disposal
of assets opportunities;
(c) appointing the evaluation committee,
negotiation team and inspection and acceptance
committee;
(d) certifying the availability of funds to support
procurement and supply activities;
(e) approving award recommendations subject to
the threshold to be prescribed in the
regulations;
(f) communicating the award decision to
successful tenderer;
(g) approving all applications for variations,
addenda or amendments to ongoing contracts
subject to the threshold to be prescribed in the
regulations;
(h) approving tendering and contract documents
subject to the threshold to be prescribed in the
regulations;
(i) approving procurement and disposal by tender
procedures subject to the threshold to be
prescribed in the regulations;
(j) ensuring that best practices in relation to
procurement and disposal are strictly adhered
to;
(k) approving negotiation plan and report subject
to the threshold to be prescribed in the
regulations;
(l) publishing the annual procurement plan upon
the approval of the plan by the budget
approving authority;
(m) signing procurement contracts on behalf of the
procuring entity;
(n) handling complaints by tenderers and
submitting a copy of complaints and reports of
the findings to the Authority;
40
GN NO. 813 (Contd)
(o) ensuring that the implementation of the

awarded contract is in accordance with the
terms and conditions of the award contract;
(p) implementing decisions made by the Authority
and Appeals Authority after investigation or
adjudication of a complaint;
(q) providing feedback on the implementation of
the decision of the Authority or Appeals
Authority within fourteen days of receipt of
the decision;
(r) ensure that any deviation from the use of the
standardised tendering documents, procedural
forms and any other documents is effected
only after prior written approval of the
Authority;
(s) cause to be investigated any discrepancies in
assets, inventory and stores and report to the
Authority of its findings;
(t) take actions on any misuse of assets and stores
as reported by the head of Procurement
Management Unit.
(2) The accounting officer may, upon consultation
with the tender board, request for any professional or
technical advice from any appropriate body or person in
the United Republic or elsewhere if his entity does not
have the required technical experts.
(3) The accounting officer may, before
communicating award decision, require the tender board
to provide a briefing of the award of a particular tender
and may require the Chairman, any member of tender
board or evaluation committee or the Procurement
Management Unit to produce any record or other
documents relating to any tender and to answer all
relevant questions.
(4) Where the accounting officer is not satisfied
with the decision of the tender board, he shall-
(a) return the decision to the tender board for
review giving written reasons for the
dissatisfaction; and
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GN NO. 813 (Contd)
(b) where not satisfied with the outcome of the

review, refer the matter to the Authority for
advice.
(5) The accounting officer shall be responsible for
procurement and supply decisions made by his procuring
entity.
Establishment 39.-(1) There shall be established in every
and composition
of Procurement procuring entity a Procurement Management Unit staffed
Management to an appropriate level.
Unit (2) The Procurement Management Unit shall
consist of procurement and supply professionals and
administrative staff.
(3) The Procurement Management Unit shall be
headed by a person with appropriate academic and
professional qualifications and experience in procurement
and supply, registered by the procurement and supply
professional body.
(4) The Head of Procurement Management Unit
shall report directly to the accounting officer of the
procuring entity.
(5) The accounting officer shall ensure that the
Procurement Management Unit has a sub-vote and is
allocated funds in the budget to carry out its
responsibilities under this Act.
Functions of 40. The Procurement Management Unit shall-
Procurement
Management (a) manage all procurement and disposal activities
Unit of the procuring entity as follows:
(i) implement the decisions and directives
of the accounting officer and tender
board;
(ii) plan the procurement and disposal
activities;
(iii) recommend procurement and disposal
procedures;
(iv) review requirements from user
department to ensure conformity with
public procurement principles and
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GN NO. 813 (Contd)
standards;
(v) prepare tendering documents;
(vi) prepare advertisements of tender
opportunities;
(vii) liaise with the user department when
recommending on the evaluation and
negotiation committees;
(viii) review evaluation and negotiation
reports and recommend award of
contracts to the accounting officer or
tender board;
(ix) prepare contract documents;
(x) issue approved contract documents;
(xi) liaise with user department to review
all applications for variations, addenda
or amendments to ongoing contracts
and advise the accounting officer;
(xii) manage and ensure quality sourcing of
goods, services and works;
(xiii) advise the accounting officer on all
issues relating to procurement and
disposal;
(xiv) maintain and archive records of the
procurement and disposal of assets;
(xv) maintain a list or register of all
contracts awarded;
(xvi) prepare monthly reports of the tender
board;
(xvii) prepare and submit to the management
meeting quarterly reports on the
implementation of the annual
procurement plan;
(xviii) co-ordinate procurement and disposal
of assets activities of the procuring
entity; and
(xix) prepare other reports as may be
required;
(b) manage all supply activities of the procuring
entity as follows:
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GN NO. 813 (Contd)
(i) advise the accounting officer on all

issues relating to supply management;
(ii) manage storage, maintenance and
distribution of inventories, stores and
assets;
(iii) ensure and plan for inventories, stores
and assets requirement;
(iv) ensure timely replenishment of
inventories, stores and assets;
(v) receive, record and issue of procured
(vi) report to the accounting officer on any
change in the status of the inventories,
stores and assets;
(vii) maintain and update records of
inventories, stores and assets of the
procuring entity;
(viii) coordinate activities relating to
management of inventories, stores and
assets;
(ix) manage a procuring entity’s purchase
orders and quality and quantity of
(x) conduct periodic verification and
annual stocktaking and report on any
discrepancies observed during
stocktaking and stock checking;
(xi) prepare periodic reports on dormant,
obsolete, expired and damaged
(xii) propose to the accounting officer
appropriate inventories, stores and
assets storage and management system;
and
(xiii) conduct regular checks of inventories,
stores and assets of a procuring entity
with the view of identifying any
improper usage and propose to the
accounting officer appropriate actions
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GN NO. 813 (Contd)
to be taken.
User department 41.-(1) The user department of a procuring entity

shall perform the following functions
(a) liaise with Procurement Management Unit
throughout the procurement or disposal by
tender process to the point of contract signing;
(b) initiate procurement and disposal requirements
and forward them to the Procurement
Management Unit;
(c) propose and prepare statements of
requirements, technical specifications or terms
of reference and submit to the Procurement
Management Unit;
(d) participate in tender evaluation;
(e) verify claims for payments to suppliers,
contractors or service providers;
(f) report any departure from the terms and
conditions of an awarded contract to the
Procurement Management Unit;
(g) forward details of any required contract
amendments to the Procurement Management
Unit for necessary actions;
(h) maintain and archive records of contracts
management and submit to Procurement
Management Unit after the contract closure;
(i) prepare any reports required for submission to
the Procurement Management Unit, tender
board or the accounting officer;
(j) oversee contract implementation including
reviewing and approving technical reports,
design or any outputs as per contract; and
(k) liaise with the Procurement Management Unit
during budget preparation.
(2) The user department shall prepare a schedule
of requirements for procurement as part of the budget
process, which shall be submitted to the Procurement
Management Unit for compilation of annual procurement
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GN NO. 813 (Contd)
plan.
Evaluation 42.-(1) There shall be formed for each tender an
Committee
evaluation committee which shall conduct the evaluation
and report to the Procurement Management Unit.
(2) The members of the evaluation committee
shall be recommended by the Procurement Management
Unit in accordance with regulations and approved by the
accounting officer.
(3) The number of the members of the evaluation
committee shall depend on the value and complexity of
the procurement as specified in the regulations.
(4) Members shall be of an appropriate level of
expertise and experience, depending on the value and
complexity of the procurement requirement.
(5) Members of the evaluation committee may be
external to the procuring entity, where the required skills
or experience is not available within the procuring entity
or where members are indisposed or have a conflict of
interest.
(6) All members of the evaluation committee shall
subscribe to the Code of Ethics prescribed in the
regulations, declaring that they do not have a conflict of
interest in the procurement requirement.
(7) The meetings of the evaluation committee, the
conduct of the evaluation and the evaluation
methodologies shall be executed in accordance with the
regulations and guidelines.
Independence of 43. Subject to the provisions of this Act, the
functions and
powers accounting officer, tender board, the Procurement
Management Unit, user department and the evaluation
committee shall act independently in relation to their
respective functions and powers.
Delegation of 44.-(1) An accounting officer may, in accordance
powers by
accounting with the terms and conditions specified in the regulations,
officer delegate the procurement functions of the procuring entity
to-
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GN NO. 813 (Contd)
(a) a sub-division of that entity;

(b) another procuring entity; or
(c) a third-party procurement agency.
(2) An accounting officer may delegate to a head
of department within the same procuring entity, his
authority to procure up to a limit not exceeding that which
is specified in the regulations and such delegation shall be
made in writing in accordance with the procedures
stipulated in the regulations.
Third party 45.-(1) Where there is lack of technical capacity
procurement
and, subject to the procedures laid down in the
regulations, a procuring entity may engage the Agency or
third-party procurement services.
(2) The accounting officer of a procuring entity
shall, in deciding to invite the Agency or third-party
procurement services-
(a) ensure that funds are available to pay in full
and on time for such services;
(b) follow the procedures laid down in the
regulations.
Procurement 46.-(1) Procurement activities of the Authority and
procedures for
Authority and of the Appeals Authority shall be contracted out to the
Appeals Agency in accordance with procedures stipulated in the
Authority regulations.
(2) Without prejudice to subsection (1),
procurement of value not exceeding the limits prescribed
in the regulations shall be done by the Authority or the
Appeals Authority.
Disagreements 47.-(1) Disagreements between a tender board and
in decisions
an accounting officer, a tender board and a Procurement
Management Unit and an evaluation committee or a user
department concerning any decision pertaining to the
recommendation for the award of contract, application or
interpretation of any procurement method, process or
practice save for section 38(4), shall be resolved in
accordance with the procedures set out in the regulations.
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GN NO. 813 (Contd)
(2) In case the accounting officer is not satisfied

with the recommendations from Procurement
Management Unit regarding application or interpretation
of any procurement methods, practice, award of the
contract and supply management, the matter shall be
resolved in accordance with the procedures set out in the
regulations.
Confidentiality 48.-(1) A person having an official duty or being
of documents
employed in the administration of this Act or engaged as a
consultant to the procuring entity shall consider and deal
with all documents and information relating to the
functions of the procuring entity as confidential.
(2) Subject to section 11, a person in possession of
or control over any document or information relating to
any business or transaction of the procuring entity shall
not communicate or attempt to communicate any
information contained in such document or pass on such
documents to any person other than the accounting
officer, a member of the tender board or the Procurement
Management Unit.
PART V
PUBLIC PROCUREMENT PROCEDURES
Procurement in 49. Commercially operating public corporations
commercially
operating public and public bodies shall conduct procurement, supply and
bodies disposal of assets in the manner prescribed in the
regulations.
Duties of 50.-(1) Notwithstanding anything to the contrary
procuring entity
contained in any written law, where any expenditure is to
be incurred on any procurement of goods, works or
services, it shall be the duty of the accounting officer to
ensure that procurement of goods, works or services is in
accordance with the procedures prescribed under this Act
or regulations.
(2) The head of internal audit of each public body
shall, in his quarterly audit report, include a report on
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GN NO. 813 (Contd)
whether this Act and regulations have been complied with

and the accounting officer shall, upon receiving such
report, submit a copy thereof to the Authority.
(3) Subject to subsection (4), every accounting
officer shall be accountable for failing to comply with the
provisions of subsection (1).
(4) Where an accounting officer satisfies the
Authority that he had, in accordance with the provisions
of any rules or regulations delegated his functions under
subsection (1) to any other person or committee, then
such other person or every member of the committee shall
also be accountable for the failure to comply with the
(5) The Authority shall, in the case of any failure
to comply with the provisions of subsection (1), take
appropriate corrective or punitive measures.
Approval of 51.-(1) A procuring entity shall prepare its annual

annual
procurement plan procurement plan in a rational manner and in particular
shall-
(a) avoid emergency procurement wherever
practicable;
(b) aggregate its requirements wherever
practicable, both within the procuring entity
and between procuring entities, to obtain value
for money and reduce procurement costs;
(c) avoid splitting of procurement to defeat the
use of appropriate procurement methods
unless such splitting is to enable wider
participation of local consultants, suppliers or
contractors in which case the prior approval of
the Authority shall be obtained; and
(d) integrate its procurement budget with its
expenditure programme.
(2) The annual procurement plan shall be
approved by a budget approving authority.
(3) The procuring entity shall observe the
approved annual procurement plan and any unplanned
procurement shall obtain prior written approval of the
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GN NO. 813 (Contd)
accounting officer.
Procurement 52.-(1) The procuring entity shall, for the purpose

through framework
agreements of ensuring efficiency of procurement process and
reduction of procurement transaction costs within and
across public bodies, engage in framework agreements in
accordance with the procedures prescribed in the
regulations where it is determined that-
(a) the need for the subject matter of procurement
is expected to arise on a repeated basis during
a given period of time;
(b) by virtue of the nature of the subject matter of
the procurement, the need for it may arise on
an urgent basis during a given period of time;
and
(c) other grounds and circumstances exist that
justify recourse to a framework agreement
procedure.
(2) The Agency shall, in collaboration with the
Authority, set procedures for procurement of common use
items and services by procuring entities through
framework agreements.
Qualifications of 53.-(1) Tenderers shall, in order to participate in

tenderers
procurement proceedings, have to qualify by meeting
appropriate criteria set out in accordance with this Act
and regulations.
(2) Local tenderers intending to participate in any
procurement proceeding shall satisfy all relevant
requirements for registration with appropriate statutory
bodies in the United Republic.
(3) Foreign tenderers intending to participate in
the proceedings are exempted from the requirement of
subsection (2), except that, where as a result of the
procurement proceedings, any foreign tenderer is selected
as having submitted the lowest evaluated responsive
tender or the best ranked proposal, such tenderer shall
register with the appropriate professional statutory body
and shall be required to submit evidence of registration as
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GN NO. 813 (Contd)
an approved supplier, contractor or consultant in United

Republic.
(4) Subject to sections 55 and 56 of this Act, any
criteria for qualification shall be made known to, and
apply equally to all tenderers and a procuring entity shall
not impose any discriminatory criteria, requirement or
procedure with respect to the qualifications of any
tenderer.
Pre-qualification 54.-(1) A procuring entity may engage in pre-

proceedings
qualification proceedings with a view to identifying
tenderers prior to inviting tenders for the procurement of
goods, works or services.
(2) The circumstances and procedures for pre-
qualification shall be prescribed in the regulations.
Post-qualification 55.-(1) The procuring entity shall, where tenderers
have not been pre-qualified, determine whether the
tenderer whose tender or proposal has been determined to
offer the lowest evaluated price, in the case of
procurement or the highest evaluated price in the case of
disposal, has the legal capacity, capability and
resources to carry out effectively the contract as offered
in the tender or proposal before communicating the award
decision.
(2) The criteria to be met shall be set out in the
tendering documents and if the tenderer does not meet any
of the criteria, the tender shall be rejected and the
procuring entity shall make a similar determination for the
next lowest evaluated tenderer, in the case of procurement
or the next highest evaluated tender, in the case of
disposal of public assets by tender.
(3) The procuring entity shall, in case of a foreign
company, seek from a reliable institution in the respective
country reference of legal existence of the tenderer,
capability, resources to discharge the tender and any
other information considered relevant in the determination
of the tenderer’s qualifications.
(4) A procuring entity shall require a tenderer
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GN NO. 813 (Contd)
who has submitted a lowest evaluated tender in the case

of procurement or highest evaluated tender in the case of
disposal to demonstrate again its qualifications before the
award of contract is confirmed.
(5) The criteria and procedures to be used in
subsection (4) shall be the same as those used in the pre-
qualification proceedings set out in section 54 of this Act
and shall be specified in the tendering documents
prepared by the procuring entity.
(6) The procuring entity shall, where tenderer with
the lowest or highest evaluated tender fails to post-
qualify, reject its tender and select the next lowest or
highest evaluated tender from the remaining tenders,
provided that the procuring entity shall have the right to
reject all remaining tenders in accordance with section 68.
National 56.-(1) Tenderers shall be allowed to participate in
preference
procurement proceedings without regard to their
nationality, except where a procuring entity has limited
participation in procurement proceedings on the basis of
nationality in accordance with this Act, regulations or
provisions of any other written law.
(2) The procuring entity shall, when procuring
goods, works or services by means of international or
national tendering, or when evaluating and comparing
tenders, grant a margin of preference for tenders for
certain goods manufactured, mined, extracted or produced
in the United Republic, for works by Tanzanian
contractors or services provided by Tanzanian
consultants.
(3) For purposes of implementation of the
provisions of this ssection, the Authority shall clearly
state the criterion for the preference in the tender
documents.
(4) Tanzanian contractors or consultants shall be
eligible to be granted a margin of preference as provided
for in subsection (2) if they meet the following criteria:
(a) for individual companies-
(i) they are incorporated or registered in
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GN NO. 813 (Contd)
the United Republic;

(ii) majority of the paid-up share capital of
the company is owned either by the
Government or by citizens of
Tanzania; and
(iii) there is no arrangement whereby any
major part of the net profits or other
tangible benefits of the domestic
company will accrue or be paid to
persons who are not citizens of
Tanzania or to companies which would
not be eligible under this section;
(b) for joint ventures of local companies -
(i) individual member companies are
incorporated or registered in the
United Republic;
(ii) majority of the paid- u p share capital
of the individual companies are held by
citizens of Tanzania;
(iii) the joint venture itself is registered in
Tanzania; and
(iv) such companies do not have a n
arrangement whereby any major part
of the net profits will accrue or be
paid to persons who are not citizens of
Tanzania or to companies which would
not be eligible under this section;
(c) for partners or individual persons trading as
contractors or consultants, the majority of the
shares are held by citizens of Tanzania.
(5) For all procurement under international and
national competitive tendering, incentives set out in the
regulations shall be used to encourage foreign firms to
team up with Tanzanian tenderers in the form of joint
ventures or subcontracting arrangements in the tender
process and in the execution of the contract.
Exclusive 57.-(1) Where financial resources are exclusively

preference to local
persons or firms provided by a Tanzanian public body, each procurement
53
GN NO. 813 (Contd)
of works, goods or services that has a value not exceeding

a threshold specified in the regulations shall be reserved
exclusively for local persons or firms.
(2) Where procuring entity receives only one
acceptable offer from a responsible local person or firm in
response to procurement set-aside, the procuring entity
may consider to make an award to that person or firm.
(3) Where the procuring entity receives no
acceptable offers from responsible local persons or firms,
the set-aside procurement shall be withdrawn and if the
requirements are still valid, new offers shall be re-
solicited on unrestricted basis.
Inclusion of local 58.-(1) Foreign firms competing to be awarded

firms and experts
in consultancy non-emergency consultancy assignments whether by
contract tender or any other means recognised in this Act shall be
required to include local experts and firms in their teams.
(2) In the evaluation of foreign firms, a procuring
entity shall ensure that the principle of mandatory
inclusion of local experts and local firms in non-
emergence assignments has been observed and shall
apportion weight in accordance with this section.
(3) A procuring entity shall, for the purpose of
subsection (2) assign weights as follows:
(a) in the criteria for participation of local firms,
assignment of maximum weight of fifteen
percent shall be included in the request for
proposal, and firms that demonstrate inclusion
of local firms of at least fifty percent are
granted a full score and;
(b) in the criteria for participation of national
experts, assignment of maximum weight of ten
percent shall be included in the request for
proposal, and firms that demonstrate that at
least fifty percent of their key staff are
Tanzanians are granted a full score.
Use of local 59. When applying the margin of preference in

experts in works
and non- respect of works or non-consultancy services, a procuring
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GN NO. 813 (Contd)
consultancy entity shall comply with the guidelines issued by the
services contract
Authority, and shall consider-
(a) in addition to shareholding structure in the
joint venture, the extent of inclusion of key
local staff in the joint venture; and
(b) the extent of use of materials locally
manufactured, produced or mined.
Preference to local 60.-(1) In contracts for goods and related services

goods
to be awarded on the basis of international or national
competitive tendering, procuring entity shall grant a
margin of preference of up to fifteen percent to
domestically manufactured or produced goods and related
services as prescribed in the regulations.
(2) In procurement of goods, the procuring entity
shall, prior to procuring from abroad, give preference to
goods manufactured, produced or mined within the
United Republic.
(3) Subject to subsection (2), the procuring entity
shall state in the tender documents the need for the
supplier or the contractor to give preference to the goods
manufactured, produced or mined in United Republic.
(4) Where a procuring entity procures goods
which are not manufactured, produced or mined in United
Republic, it shall, within five working days after the
award of contract, submit to the Authority a report
detailing the reasons for not procuring goods
manufactured, produced or mined in the United Republic.
Capacity building 61.-(1) A procuring entity shall set aside an

for local
individuals or amount of the annual procurement volume for tenders to
firms local individuals or firms in accordance with procedures
prescribed in the regulations.
(2) Where individuals or firms lack the capacity to
execute the contracts, the individuals or firms may form
joint ventures with a view to enhancing their capacity.
(3) Where a joint venture established in
accordance with this section involves a foreign firm, the
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GN NO. 813 (Contd)
local firm shall be the leading firm and the joint venture
shall be given preference in accordance with the
provisions of this Act.
(4) The Minister may make regulations
prescribing procedures for capacity building of local
individuals and firms under this section.
Joint venture or 62-(1) For procurement of works and non-

subcontracting
of local firms consultancy services above the limit prescribed in the
regulations, a procuring entity shall require foreign
tenderers to enter into joint venture agreements or to
subcontract local firms.
(2) Subject to subsection (1), a foreign tenderer
who is awarded a procurement contract shall enter into a
joint venture or subcontract at a percentage of the total
value of the contract as may be prescribed in the
regulations.
(3) Subject to subsection (1), the method which
shall be used to enter into a joint venture or subcontract
shall be as prescribed in the regulations.
(4) A foreign tenderer shall attach to his tender a
joint venture agreement or subcontract specifying the key
operating procedures which shall govern such joint
venture or subcontract.
Ownership of 63. Notwithstanding any other provision to the

share capital
contrary, local firms referred to in sections 58 and 61
shall have a share capital which is wholly owned by
citizens of the United Republic.
Preference to 64.-(1) A procuring entity shall set aside a

special groups
percentage of the annual procurement volume for special
groups in accordance with procedures set out in the
regulations.
(2) In making the regulations referred to under
subsection (1), the Minister shall consult with the
ministries responsible for special groups.
(3) For the purpose of this section “special
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GN NO. 813 (Contd)
groups” includes women, youth, elderly and persons with

special needs.
Procurement from 65. A procuring entity shall procure from the

Agency
Agency in accordance with the procedures prescribed in
the regulations.
Language 66. Pre-qualification documents and tender

documents shall be written in Kiswahili or English
language and tenders shall be invited in either of those
languages.
Tender securities 67.-(1) Where a procuring entity requires

tenderers who are submitting tenders to provide any form
of tender security or bid securing declaration, such
requirement shall apply equally to all tenderers.
(2) A successful tenderer shall be required to
submit performance guarantees, subject to the conditions
(3) Subject to the provisions of subsections (1)
and (2), the types of securities shall be specified in the
regulations.
(4) The Authority shall issue guidelines, to be
updated from time to time, on the minimum values and
modalities for provision of tender security and other
forms of guarantees or bonds.
Rejection of tender 68.-(1) Tender documents and request for

or proposal
proposals shall provide that a procuring entity may reject
all tenders or all proposals.
(2) The rejection of all tenders or all proposals
under this section shall be justified where-
(a) there is lack of effective competition;
(b) all tenders or proposals are not substantially
responsive to the tender documents or to the
request for proposals;
(c) the economic or technical data of the project
have been altered;
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GN NO. 813 (Contd)
(d) tenders or proposals involve costs

substantially higher than the market price,
original budget or estimates;
(e) exceptional circumstances render normal
performance of the contract impossible;
(f) tenders received contain serious irregularities
resulting in interference with the normal play
of market forces; or
(g) funds voted or earmarked for the procurement
have been withheld, suspended or have
otherwise not been made available.
(3) The lack of competition shall not be
determined solely on the basis of the number of tenderers
or persons who made proposals, and where all tenders or
proposals are rejected, the procuring entity shall review
the causes justifying the rejection and shall consider -
(a) making revision to the conditions of contract,
design and specifications, scope of the
contract, or a combination of these before
inviting new tenders; or
(b) revising the request for proposals, including
the short list and the budget.
(4) Where the rejection of all tenders or all
proposals is due to lack of competition, wider advertising
shall be considered and where the rejection is due to most
of the tenders or proposals being non-responsive, new
tenders or new proposals or those who submitted tenders
or proposals in the first instance may be invited with prior
approval from the accounting officer or tender board
depending on the nature of procurement.
(5) The appropriate tender board o r
a c c o u nt i n g o f f i c e r ’ s prior approval shall be sought
before rejecting all tenders or all proposals, soliciting new
tenders or proposals or entering into negotiations with the
lowest evaluated tenderer.
Acceptance of 69.-(1) Subject to the provisions of section 68, the

tender and entry
into force of tender or proposal that has been ascertained to be the
procurement successful tender or proposal pursuant to the provision of
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GN NO. 813 (Contd)
contract this Act shall be accepted.
(2) For procurement which requires approval of
tender board, the accounting officer shall be notified by
the tender board of its award decision within three
working days of making the decision.
(3) For procurement which does not require
approval of the tender board, the Procurement
Management Unit shall submit to the accounting officer
recommendations for award of contract as prescribed in
the regulations.
(4) Upon receipt of notifications or
recommendations for approval of award, the accounting
officer shall, immediately thereafter issue a notice of
intention to award the contract to all tenderers who
participated in the tender in question giving them five
working days within which to submit complaints thereof,
if any.
(5) Notwithstanding the provisions of section 75,
the requirement to issue a notice of intention to award the
contract under subsection (4) shall not apply to national
shopping procurement method, procurement of common
use items and services, single source method and minor
value procurement.
(6) Where no complaints have been lodged
pursuant to subsection (4), the accounting officer shall
issue a notice of acceptance to the successful tenderer.
(7) The notifications referred to in subsections (4)
and (6) shall be communicated in an electronic form as
prescribed in the tender document and be signed by
accounting officer.
(8) Where a tender has been accepted by the
accounting officer, the procuring entity and the person
whose tender has been accepted shall enter into a contract
for the supply of goods, provision of services or
undertaking of works.
(9) A contract shall contain such terms, conditions
and provisions as contained in the tender document.
(10) Any contract above the thresholds specified
in the regulations arising out of the acceptance of a
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GN NO. 813 (Contd)
tender, offer or proposal under this Act shall be vetted by

the Attorney General before being signed by the parties.
(11) Contracts below specified thresholds in the
regulations shall be vetted by legal officers of the
respective procuring entity.
(12) A procurement contract shall enter into force
upon being signed by parties to the contract.
(13) The accounting officer shall, within seven
days from the date of award notify the Authority, the
name of the person or entity to whom the contract is
awarded, the value of award and the date on which the
award was made.
(14) The parties may use hand written or digital
signatures in signing contracts specified under subsection
(12).
(15) The accounting officer shall, within seven
days after the communication of award, notify
unsuccessful tenderers the name of the person to whom
the contract is awarded and the respective contract value.
Witnessing of 70.-(1) Witnessing of signing of a contract shall be

contract signing
done in accordance with the law or any other relevant
legal instrument which establishes the procuring entity
concerned.
(2) Where the law or respective legal instrument
does not provide for the manner of witnessing the signing
Cap. 12 of contracts, any person enumerated under the Notaries
Public and Commissioner for Oaths Act shall be eligible
to witness the signing of respective contracts.
Records and 71.-(1) A procuring entity shall maintain a record

information
of its procurement proceedings in which it is involved,
including decisions taken and the reasons for it and such
record shall be kept for a period of not less than five years
from the date of completion of the contract and be made
available when required to the Minister and the Controller
and Auditor General.
(2) The records referred to in subsection (1) may,
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GN NO. 813 (Contd)
under special circumstances, be kept beyond the period

specified in that subsection in the manner and duration
(3) A list of tenderers who submitted tenders and
the prices tendered, as read out at the time of opening the
tenders in public, may be made available to tenderers and
to the general public.
Debarment 72.-(1) The Authority may debar a tenderer for a

specified time from participating in public procurement
proceedings and notify all procuring entities on such
action.
(2) A tenderer who has been barred from taking
part in public procurement by a foreign country or
international organisation shall automatically be debarred
from participating in public procurement in the United
Republic for such period as is debarred by that foreign
country or international organisation.
(3) A tenderer shall be debarred from participating
in public procurement or disposal proceedings if-
(a) fraud or corrupt practice is established against
the tenderer in accordance with the provisions
of this Act;
(b) the tenderer fails to abide with a bid or
performance securing declaration;
(c) the tenderer breaches a procurement contract;
(d) the tenderer makes false representation about
his qualifications during tender proceedings.
(4) The Authority may debar a tenderer from
participating in public procurement on other grounds as
may be deemed necessary by the Authority.
(5) Subject to subsections (3) and (4), the
procedure for debarment shall be prescribed in the
regulations.
(6) A tenderer debarred pursuant to this section
may appeal against the decision to the Appeals Authority
within twenty one days from the date the decision came to
his knowledge.
(7) The Authority shall keep and maintain a
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GN NO. 813 (Contd)
register of all debarred tenderers in accordance with this

Act.
(8) A tenderer debarred under this section shall not
be permitted to start a new supplies, service providing,
contracting or consulting firm during that period.
(9) Procuring entities shall not contract with,
engage or procure from a tenderer who has been debarred
from participating in public procurement proceedings
pursuant to this Act.
(10) The Authority shall inform the relevant
professional bodies upon debarring a tenderer.
(11) For purpose of this section, the word tenderer
includes directors of a firm or entity.
PART VI
PROCUREMENT METHODS AND PROCESSES
e-Procurement 73.(1) Procuring entities shall ensure that

procurement, supply and disposal of assets functions are
implemented and reported through the electronic public
procurement system.
(2) Where there is a malfunction of the system, the
Authority shall issue a notice of guidance to the electronic
public procurement system users and the public.
Price cap 74.-(1) Procuring entities shall procure goods,

services and works based on price cap as they may be
prepared.
(2) A public officer involved in transactions in
which goods, services and works are procured at
unreasonably inflated prices shall be liable to disciplinary
action and in addition be ordered to pay the difference
between the actual cost of the procurement and what the
costs would have been through the price cap.
(3) Procedures for the implementation of the
provisions of this section shall be prescribed in the
regulations.
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GN NO. 813 (Contd)
Selection of 75.-(1) A procuring entity engaging in the
methods of
procurement procurement of goods, works, services, non-consultancy
services or disposal of assets shall apply competitive
tendering, using the methods prescribed in the regulations
depending on the type and value of the procurement or
disposal and, in any case, the successful tenderer shall be
the tenderer evaluated to have the capacity and capability
to supply the goods, to provide the services or to
undertake the assignment or the highest evaluated offer in
case of services for revenue collection or disposal of
public assets.
(2) In circumstances where-
(a) suppliers, contractors or consultants have
already been pre-qualified pursuant to section
54;
(b) there is an urgent need for the goods, works, or
services such that it would be impracticable to
engage in open national or international
competitive tendering or competitive selection;
or
(c) there is need to achieve certain social
objectives by calling for the participation of
local communities,
the procuring entity may restrict the issue of tenders in
accordance with the procedures set out in the regulations.
(3) For the purposes of subsection (2)-
(a) circumstances giving rise to the urgency are
those which were neither foreseeable by the
procuring entity nor caused by dilatory conduct
on its part; and
(b) the procuring entity shall include in the
records required under section 71 a statement
of the grounds for its decision and the
circumstances leading to, or justifying the
restriction.
(4) The procurement of commodities such as grain
and other food stuff, animal feeds, fuel or fertiliser, the
market price of which fluctuate seasonally depending
upon demand and supply at any particular time, shall be
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GN NO. 813 (Contd)
carried out on a seasonal basis using methods prescribed

in the regulations.
Force account 76.-(1) For the purpose of this Act, “force

account” means a process where works are carried out by
a public or semi-public entities by making recourse to its
officers and equipment or in collaborating with a local
technician or another public body.
(2) The use of force account may be justified
where-
(a) the works are small, scattered and in remote
location for which qualified construction firms
are unlikely to tender at a reasonable price;
(b) works are required to be carried out without
disrupting ongoing operations;
(c) there may be unavoidable interruption of the
entity’s operations and for avoidance of risks,
the works are better undertaken by a procuring
entity or public authority than by a contractor;
(d) there is an emergency that needs immediate
attention;
(e) the procuring entity has qualified personnel or
equipment to supervise and carry out the
required works;
(f) the maintenance or construction is part of the
routine activity of the procuring entity
undertaking the works.
(3) Notwithstanding subsection (2), a procuring
entity shall not carry out works through force account
where-
(a) there is no qualified public personnel to
supervise the works in the area where
procuring entity is located; and
(b) the estimated value of works is above the
threshold for works prescribed in the
regulations.
(4) For purposes of subsection (1), “local
technician” means a technician who possesses
professional knowledge in the field of construction but
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GN NO. 813 (Contd)
has not been registered by the relevant body responsible

for registration of construction professionals or who does
not have professional knowledge in the field of
construction but has the requisite experience in
construction works.
(5) During implementation of the projects through
force account, the procuring entity shall ensure that basic
principles and standards of public procurement and
construction are adhered to.
(6) The manner in which force account shall be
carried out, qualifications of personnel to supervise the
works and the thresholds for force account shall be
stipulated in the regulations.
Emergency 77.-(1) Emergency procurement may be made

procurement
where the accounting officer determines that it is in the
public interest that goods, works or services be procured
as a matter of emergency.
(2) For the purpose of subsection (1), emergency
procurement shall meet one of the following criteria:
(a) there is a compelling emergency that creates
threat to life, health, welfare or safety of the
public by reason of major natural disaster,
epidemic, riot, war, fire or such other reasons
of similar nature;
(b) there is a situation whereby, without the
emergency procurement, the continued
functioning of the Government or
organisation would suffer irreparable loss, the
preservation or protection of public property,
or the health or safety of public will be
threatened; or
(c) subject to section 82, there is an urgent need
of health commodities in health care centres.
(3) The procuring entity shall apply the procedures
stipulated in the regulations for any procurement
undertaken pursuant to the provisions of subsection (1).
(4) Where the procurement meets the
requirements of subsection (1), the conditions relating to
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GN NO. 813 (Contd)
procurement limits, methods, tender processing periods

and advertisement may be waived except that
conditions relating to tender evaluation and obtaining
approval of the accounting officer shall not be waived.
(5) The Authority shall, in collaboration with the
department responsible for management of Government
assets, the department responsible for technical audit in
the Ministry responsible for procurement or where
necessary, with any other competent body, advise the
Paymaster General on the appropriate action to be taken
pursuant to subsection (6).
(6) The Paymaster General shall be advised by the
Authority in respect of application for retrospective
approval.
Procurement 78.-(1) A procuring entity or the Agency shall, for

directly from
manufacturer, the purpose of obtaining value for money in terms of
dealer or service price, quality and delivery, procure goods or services
provider
directly from a manufacturer, dealer, wholesaler or
service provider.
(2) The Minister may make regulations
prescribing-
(a) goods and services to be procured in terms of
subsection (1); and
(b) the manner and procedures of procuring
directly from a manufacturer, dealer,
wholesaler or service provider.
Approved 79.-(1) Procurement of goods for Government use

procurement
standards shall be done in conformity with established and approved
standards.
(2) Approved standards referred to under
subsection (1) shall be issued by relevant Government
organs and in the manner and procedure prescribed in the
regulations.
(3) Notwithstanding subsection (1), the Minister
may make regulations for procurement of certain goods
for Government use without approved procurement
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GN NO. 813 (Contd)
standards.
Procurement of 80.-(1) Where national interest demands, a

used locomotives
and coaches, procuring entity may, subject to the provisions of
aircrafts and ships subsection (2), procure used locomotives and coaches,
ship or aircraft.
(2) A procuring entity intending to procure used
locomotives and coaches, ship or aircraft shall-
(a) use normal or emergency procurement; and
(b) seek approval from the Minister.
(3) After receiving a request for approval in
accordance with subsection (2), the Minister shall form a
Special Technical Advisory Committee to be composed
of persons with various disciplines, knowledge and
experience relevant to the subject matter of the
procurement.
(4) Procurement of used locomotives and coaches,
ship or aircraft shall comply with the procedures
(5) Where the procurement referred to under
subsection (1) is to be done under emergency
procurement, the procedure stipulated under section 77
shall apply subject to necessary modifications stipulated
in the regulations.
(6) The regulations made for purposes of
implementation of this section shall, among other things,
prescribe characteristics and criteria to be considered by a
procuring entity during procurement of used locomotives
and coaches, ship or aircraft.
Competitive 81. A procuring entity wishing to commence

tendering
competitive tendering shall provide all eligible
prospective tenderers with timely and adequate
notification of the procuring entity’s requirements and an
equal opportunity to tender.
Health 82.-(1) The Ministry responsible for health shall

commodities
prepare and approve standards of health commodities
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GN NO. 813 (Contd)
depending on the status of health care centres and issue

specifications to be considered by the Medical Stores
Department during procurement of health commodities.
(2) The Medical Stores Department shall prepare
a schedule of requirements and specifications in
accordance with the standards of health commodities
issued and approved for use in the procurement process.
(3) In procurement of health commodities for
health care centres, the Medical Stores Department shall
comply with the standards issued by the Ministry under
subsection (1).
(4) The Medical Stores Department shall, in
consideration of the importance and nature of health
commodities, fast-track their procurement process or use
emergency procurement.
(5) Where the procurement of health commodities
is to be done under emergency procurement, the
procedure stipulated under section 77 shall apply subject
to necessary modifications stipulated in the regulations.
(6) The procurement of health commodities shall
be conducted in accordance with procedures prescribed in
the regulations.
Invitation to tender 83.-(1) A procuring entity intending to commence

and advertising
competitive tendering proceedings shall prepare a tender
notice inviting tenderers to submit priced offers for the
supply of goods, provision of services or for undertaking
the works required and such tender notice shall be
submitted to the tender board or accounting officer for
approval within reasonable time before issuance of bid
documents to tenderers.
(2) The approved tender notice shall be advertised
by the procuring entity as set out in the regulations and
such entity shall ensure widest reach of potential
tenderers.
(3) Any tender notice shall be published in
sufficient time as prescribed in the regulations, to enable
prospective tenderers to obtain tender documents and
prepare and submit their responses before the deadline for
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GN NO. 813 (Contd)
receipt of tenders.
(4) The time specified for the opening of the
tenders submitted shall be the same as the deadline for
receipt of tenders or immediately thereafter, and be
indicated in the invitation to tender.
(5) Subject to subsection (4), the procuring entity
may prior to the deadline for submission of tenders,
modify the tender documents and extend the deadline for
submission of tenders if deemed necessary.
Issue of tender 84.-(1) The procuring entity shall provide tender

documents
documents immediately after first publication of the
tender notice to all suppliers or contractors who respond
to the tender notice and pay the requisite fee, if required,
for which a receipt shall be given.
(2) All prospective tenderers shall be provided
with the same information, and be assured of equal
opportunities to obtain additional information.
(3) Tender documents shall not include
requirements or terminologies which discriminate unfairly
against participation by tenderers.
(4) Subsection (3) may be deviated where
circumstances demand provided that, any deviation is
made on basis of provisions of the regulations.
Content of tender 85.-(1) The procuring entity shall use the

documents
appropriate standard model tender documents specified in
the regulations for the procurement in question.
(2) The tender documents shall be worded so as to
permit and encourage competition and such documents
shall set forth clearly and precisely all the information
necessary for a prospective tenderer to prepare tender for
the goods, services and works to be provided.
Validity of tenders 86. The procuring entity shall require tenderers to

and tender security
make their tenders and tender securities valid for periods
specified in the tendering documents, sufficient to enable
the procuring entity to complete the comparison and
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GN NO. 813 (Contd)
evaluation of tenders, approval of the recommendations,

issuance of notification of award and signing of contract
whilst the tenders and tender securities are still valid.
Evaluation criteria 87.-(1) The basis for tender evaluation and

selection of the successful tenderer shall be clearly
specified in the tender document.
(2) The tender documents shall specify factors, in
addition to price, which may be taken into account in
evaluating a tender and how such factors may be
quantified or otherwise evaluated.
(3) Notwithstanding the provisions of subsection
(2), where tenders based on alternative materials,
alternative completion schedules or alternative payment
terms are permitted, conditions for their acceptability and
the method of the evaluation shall be expressly stated in
the tender documents.
Receipt of 88.-(1) Tenders shall be received and opened

tenders and
tender opening using procedures set out in the regulations.
(2) The names and addresses of each tender, the
total amount of each tender or of any alternative tenders,
where they have been requested or permitted, shall be
read and recorded during the tender opening.
(3) After the public opening of tenders,
information relating to examination, clarification and
evaluation of tenders and the recommendations
concerning awards shall not be disclosed to tenderers or
other persons not officially concerned with the process
until the notice of intention to award a contract is notified
to the tenderers who participated in the tender process.
(4) Information referred to in subsection (3) shall
be made available to the Authority, the Appeals
Authority, accounting officer and to the Minister when
such information is so required.
Evaluation and 89.-(1) The evaluation committee shall evaluate,

comparison of
tender on a common basis, tenders that have not been rejected in
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GN NO. 813 (Contd)
order to determine the cost to the procuring entity of each

tender in a manner that permits a comparison to be made
between the tenders on the basis of the evaluated costs,
but the lowest submitted price, may not necessarily be the
basis for selection for award of a contract.
(2) Any relevant factors in addition to price to be
considered in tender evaluation and the manner in which
they will be applied for the purpose of determining the
lowest evaluated tender shall be specified in the tender
documents.
(3) The evaluation committee shall prepare for
submission to the Procurement Management Unit a
detailed report on the evaluation and comparison of
tenders, setting out the specific reasons on which its
recommendations for the award of each contract are
based.
(4) The Procurement Management Unit shall
review the evaluation report submitted pursuant to
subsection (3) and submit the report and their
recommendations to the tender board or accounting
officer.
Approval of 90. The tender board or accounting officer shall

contract award
review the evaluation report and recommendation made
by the Procurement Management Unit and may-
(a) for tenders which require the tender board
approval-
(i) approve the recommendations and
authorise acceptance of the tender and
award a contract in the form specified
in the tender documents; or
(ii) refuse to authorise recommendations
for award of the tenders and refer the
evaluation to the Procurement
Management Unit with an instruction
to re-evaluate the tenders or re-
tendering or other action;
(b) for tenders which require the accounting
officer approval-
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GN NO. 813 (Contd)
(i) approve the recommendations and

award a contract in the form specified in
the tender documents; or
(ii) refuse to authorise recommendations
for award of the tenders and refer the
evaluation to the Procurement
Management Unit with an instruction
to re-evaluate the tenders or re-
tendering or other action.
Negotiation and 91.-(1) Subject to the conditions stipulated in the

award of contract
regulations, a tenderer evaluated to have the capacity and
capability to supply the goods, undertake the works,
provide the services or purchase the assets shall be invited
for negotiations by the procuring entity.
(2) Negotiations shall not be conducted-
(a) to change the specifications or details of the
requirement;
(b) to materially alter the terms and conditions
of contract stated in the tender document; or
(c) to substantially alter anything which formed
a crucial or deciding factor in the
evaluation of tender.
(3) Where the negotiations under subsection (2) fail
to result in an acceptable contract, the accounting officer
shall-
(a) for tenders requiring approval by the
accounting officer, terminate the negotiations
invite the next ranked firm for negotiations; or
(b) for tenders requiring approval by the tender
board, terminate the negotiations after the
consultation with the tender board and invite
the next ranked firm for negotiations.
Selection of 92.-(1) A procuring entity commencing selection

consultants
proceedings for consultancy services shall apply the
procedures and selection methods prescribed in the
regulations.
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(2) Circumstances to justify the procuring entity

to depart from the use of selection methods and the
alternative approaches to be used instead shall be set out
in the regulations
(3) The procuring entities shall use the
appropriate Standard Request for Proposals and Standard
Forms of Contract issued by the Authority with minimum
changes as approved by the tender board or accounting
officer as necessary to address specific contract issues,
and any such changes shall be introduced only through
tender data sheet, or through special conditions of contract
and not by introducing changes in the wording of the
general conditions of contract included in the standard
form.
(4) Notwithstanding the provisions of subsection
(3), where the Standard Request for Proposal and
Standard Form of Contract are not appropriate, procuring
entities shall use other contract forms acceptable to the
Authority.
PART VII
CONTRACT MANAGEMENT
Responsibility to 93.-(1) Upon entry into force of the procurement

monitor
execution of contract by virtue of this Act, the accounting officer shall
contract have the overall responsibility for the execution of the
contract in a manner prescribed in the regulations.
(2) The user department shall be responsible to
oversee contract implementation in a manner prescribed
in the regulations.
(3) The user department shall recommend to the
accounting officer to appoint in respect of each contract a
team, supervisor, project manager or consultant who shall
be responsible for ensuring proper implementation of the
signed contract.
(4) Subject to subsection (3), the procedure of
appointment of the team, supervisor, project manager or
consultant shall be prescribed in the regulations.
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GN NO. 813 (Contd)
Management of 94.-(1) The user department shall be responsible to

cost, quality and
time in ensure that goods delivered, works executed or services
procurement rendered are in conformity with the terms and conditions
contracts
of the contract and all aspects including quantity, quality,
cost and time are properly managed to ensure
achievement of value for money.
(2) In the course of contract implementation, the
appointed team, supervisor, project manager or consultant
shall prepare implementation plans and reports and
submit them to the user department for appropriate action
and submission to the accounting officer.
Alteration or 95.-(1) A procurement contract shall not be altered

amendment
or amended in any way after it has been signed by both
parties unless such alteration or amendment-
(a) is not disadvantageous to the Government; and
(b) does not exceed fifteen percent of the total
price of the original contract sum without the
approval of the budget approving authority.
(2) A procuring entity shall, prior to altering or
amending a procurement contract, submit to the Attorney
General the proposed alteration or amendment for vetting.
(3) The manner and procedure of alteration or
amendment of contract shall be prescribed in the
regulations.
(4) Liquidated damages shall be charged on the
contractor, supplier or service provider for undelivered
goods or delayed services or work in accordance with the
procedures stipulated in the regulations.
Advance payment 96.-(1) Works, goods or services shall not be paid

for before they are executed, delivered or rendered and
accepted by the accounting officer or an officer authorised
by him in writing unless specified in the tender document
and contract.
(2) Advance payment shall not be paid before the
contract is signed and shall be in such amount as specified
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GN NO. 813 (Contd)
in the regulations or guidelines.
Termination of 97.-(1) A procurement contract may be terminated

contract
on grounds and procedures stipulated in the contract.
(2) Without prejudice to subsection (1), a
procuring entity shall not terminate any procurement
contract prior to obtaining the opinion of the Attorney
General.
(3) The manner and procedure of termination of
contract and obtaining the opinion of the Attorney
General pursuant to subsection (2) shall be prescribed in
the regulations.
Contract closure 98.-(1) An accounting officer shall close out a

contract after completion of implementation of the
contract.
(2) The manner and procedures for contract
closure shall be prescribed in the regulations.
PART VIII
SUPPLY MANAGEMENT
Receipt and 99.-(1) A procuring entity shall receive goods,

recording of
goods, supplies or supplies or assets which have been certified in accordance
assets with terms and conditions of the contract.
(2) A procuring entity shall record goods, supplies
or assets received under subsection (1) in an inventory of
the procuring entity as prescribed in the regulations.
Responsibility of 100.-(1) A procuring entity shall manage the

procuring entity in
managing goods, received goods, supplies and assets for the purpose of
supplies or assets preventing wastage and loss, and continuing utilisation in
accordance with the regulations.
(2) For the purpose of avoiding unprofitable lock-
up of funds, the procuring entity shall ensure that stocks
of goods and assets are kept to the minimum necessary for
the efficient conduct of the procuring entity.
(3) A procuring entity shall establish electronic
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GN NO. 813 (Contd)
systems for management and control of goods, supplies

and assets to meet the objectives of sound supply chain
management.
Management of 101.-(1) A procuring entity shall manage goods

goods, supplies or
assets received, works executed and services rendered for the
purpose of preventing wastage and loss and ensuring
sustainable utilisation.
(2) A procuring entity shall ensure availability of
adequate and secure environment for storage of goods
received.
(3) A procuring entity shall ensure that goods
received do not suffer deterioration from any preventable
cause or overstocking.
Distribution of 102.-(1) A procuring entity shall ensure that it

goods and
supplies keeps proper record of all goods and supplies received
prior to distribution, utilisation or storage.
(2) Goods and supplies set aside for utilisation or
distribution shall be requisitioned and distributed in the
manner prescribed in the regulations.
(3) A procuring entity shall ensure that
distribution of goods and supplies adheres to efficiency,
economy and timely availability of goods and supplies at
appropriate places.
Control of losses 103. A procuring entity shall establish and ensure

and fraud in goods,
supplies and assets compliance with procedures for regulating, detecting and
accounting for losses and fraudulent practices in goods,
Cap. 348 supplies and assets as provided for in the Public Finance
Act.
Guidelines for 104. A procuring entity shall comply with

management of
goods, supplies or guidelines issued by the Paymaster General regarding
assets goods, supplies and assets management under the Public
Cap. 348
Finance Act.
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GN NO. 813 (Contd)
PART IX
PROCUREMENT UNDER PUBLIC PRIVATE PARTNERSHIP
Scope, 105.-(1) The provisions under this Part shall apply

applicability and
approval in respect of procurement and disposal by tender activities
under the solicited and unsolicited partnership
arrangements between the public sector and private sector
Cap. 103
as provided for under the Public Private Partnership Act.
(2) The procuring entity shall not proceed with
the procurement phase of solicited or unsolicited public
private partnership prior to obtaining approval of the
project concept by the relevant authorities under the
Public Private Partnership Act.
Selection of 106. Where a transaction advisor or manager is to

transaction
advisor or be appointed for the purposes of ensuring a public private
manager partnership implementation process runs smoothly, the
selection of such advisor or manager shall be in
accordance with the procedures stipulated in the
Cap. 103
regulations made under the Public Private Partnership
Act.
PART X
PROHIBITIONS
Fraud and 107.-(1) The procuring entity and tenderers under

corruption
public financed contracts shall proceed in a transparent
and accountable manner during the procurement and
execution of such contracts.
(2) Where a procuring entity is satisfied, after
thorough investigation, that any person or firm to which it
is proposed that a tender be awarded, has engaged in
fraudulent, collusive, coercive or obstructive practices in
competing for the contract in question, the procuring entity
shall-
(a) reject a proposal for award of such contract;
and
(b) report any person or tenderer, including its
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GN NO. 813 (Contd)
directors to the Authority for debarment in

accordance with section 72 of the Act.
(3) Where a procuring entity is satisfied after
determination by a court or Appels Authority, as the case
may be, that corrupt, fraudulent, collusive, coercive or
obstructive practices were engaged in by any person or
tenderer in procurement, award of contract or the execution
of that contract, the procuring entity shall-
(a) report any person or tenderer, including its
directors, to the Authority for debarment in
accordance with section 72 of the Act;
(b) require such person or tenderer to reimburse the
portion of disbursed funds and cancel the
portion of undisbursed fund to a contract for
goods, works or services.
(4) Save as provided in this Act, the Authority shall
debar such person or tenderer determined in terms of
subsection (3)(a) including its directors, for the period of
not less than ten years.
(5) The determination by court under subsection (3)
shall be sufficient proof for the Authority to debar such a
person or tenderer, including its directors.
(6) Any public officer of the procuring entity who
engages in corrupt or fraudulent practices during the
procurement proceedings or the execution of the public
financed contract shall be dealt with in accordance with the
(7) The procuring entity shall ensure that each
tender form for public contracts include formal declaration
by the tenderer to observe the country’s laws against fraud
and corruption in competing for and executing a contract.
Conducts 108.-(1) Any person shall not, with intent to

influencing public
officer gaining an advantage or concession for himself or any
other person-
(a) offer any member or an associate of a member
of a tender board or its committee or any
employee or an associate of an employee of a
tender board or its committee or any
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GN NO. 813 (Contd)
consultant or an associate of any consultant or

a person or an associate of any person
providing services, a gift of money or other
valuable thing; or
(b) approach any member or any associate of a
member of a tender board or its committee or
any of its officer or an associate of such officer
with respect to any matter that is before such
tender board or committee or that is expected
to come before a tender board or a committee.
(2) A procuring entity, any public officer or other
Government authority shall not accept a gratuity in any
form, any offer of employment, service or any other thing
of value, as an inducement with respect to an act or
decision of or procedure followed by the procuring entity
in connection with any procurement proceedings or tender
and a procuring entity shall promptly reject a tender of
any tenderer who gives, agrees to give or offers, directly
or indirectly, any such inducement.
(3) A procuring entity shall not procure from a
member of its staff or a person who has direct influence
on the decision of a procuring entity acting in a private
capacity, either alone or as a partner in a partnership or as
an officer of a company.
(4) A procuring entity shall not include in a tender
document any condition or specification which is likely to
favour a tenderer.
(5) A public officer of a procuring entity or a
person with direct influence on the decisions of a
procuring entity shall declare an interest that he may have
in any tenderer and the tenderer against whom the interest
has been declared shall be barred from participating in
such procurement.
(6) Any tender proved to have been awarded on
the basis of inducement as provided in the preceding
subsections shall be revoked forthwith by the procuring
entity within a period which does not exceed fourteen
days and the same be reported to the Prevention and
Combating of Corruption Bureau for appropriate action
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GN NO. 813 (Contd)
and to the relevant professional body for ethical

proceedings.
(7) A tenderer whose tender or proposal has been
rejected or revoked on the ground of inducement, corrupt,
fraudulent, collusive, coercive or obstructive practices
shall not be able to qualify or pre-qualify in any
procurement proceedings during a period of ten years
from the date of debarment from participating in public
procurement.
(8) Any rejection or revocation of a tender on the
grounds of inducement, corrupt, fraudulent, collusive,
coercive or obstructive practices shall be notified to the
Authority which shall in turn review the grounds for
rejection or revocation and notify all procuring entities
and approving authorities on the purposes of effecting the
Disclosure of 109.-(1) A tenderer in relation to the public

payment made
by way of contract shall, within thirty days after the execution of the
commission contract, furnish a statement in writing to the Prevention
and Combating of Corruption Bureau and the Tanzania
Revenue Authority-
(a) stating particulars of any consideration given
or to be given to any person or organisation for
the purpose of or as a commission for
obtaining the contract; and
(b) giving the names of the persons to whom and
the organisation to which any such
consideration was or is to be given.
(2) Where there is no consideration to be given to
any person or organisation, a statement furnished pursuant
to subsection (1) shall so state.
(3) Where in relation to a public contract, a body
corporate is a contractor, then-
(a) if the consideration for the contract exceeds in
value or total, two percent of the contract
value, the statement furnished pursuant to
subsection (1)-
(i) shall be signed by the Chief Executive
80
GN NO. 813 (Contd)
of the body corporate; and

(ii) if the contractor is a subsidiary of
another body corporate, shall be signed
by the Chief Executive of the other
body corporate; and
(b) in any case other than that which is referred to
in paragraph (a), the statement so furnished
shall be signed by an officer of the body
corporate deputed by the body corporate to do
so.
Cap. 212 (4) The provisions of the Companies Act in
relation to the determination of whether a body corporate
is the subsidiary of any other body corporate shall apply.
(5) Where there is a consideration given or offered
to any public body, public officer or any other agent in
relation to a procurement contract, such consideration
shall be furnished to the Paymaster General within thirty
days from the date of receipt of the consideration.
(6) A tenderer, a public entity or public officer
who fails to comply with the provisions of this section
commits an offence.
Conduct of 110.-(1) Any conduct engaged in or on behalf of a

directors, servants
or agents body corporate-
(a) by a director, servant or agent of the body
corporate within the scope of the actual or
apparent authority; or
(b) by any other person at the direction or with the
consent or agreement, whether express or
implied, of a director, servant or agent of the
body corporate, whether giving of the
direction, consent or agreement is within the
scope of the actual or apparent authority of the
director, servant or agent,
shall be deemed, for the purposes of this Act, to have
been engaged in by the body corporate.
(2) Any conduct engaged in or on behalf of a
person other than a body corporate -
(a) by a servant or agent of the person within the
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GN NO. 813 (Contd)
scope of actual or apparent authority of the

servant or agent; or
(b) by any other person at the direction or with the
consent or agreement, whether express or
implied of a servant or agent of the
aforementioned person, when the giving of the
direction, consent or agreement is within the
scope of the actual or apparent authority of the
servant or agent,
shall be deemed, for the purposes of this Act, to have
been engaged in by the aforementioned person.
Institution of 111. The measures provided by this Act shall not

criminal
proceedings preclude the institution of criminal proceedings pursuant
Caps. 16 and 329 to the provisions of Penal Code, the Prevention and
Combating of Corruption Act or any other written law
against any person discharging functions or exercising
powers under this Act or regulations made under this Act.
PART XI
DISPUTE SETTLEMENT
Appeals Authority 112.-(1) There shall continue to exist an

independent procurement appeals authority to be known
as the Public Procurement Appeals Authority.
(2) The Appeals Authority shall consist of-
(a) Chairman who shall be appointed by the
President from amongst retired Judges; and
(b) six other members to be appointed by the
Minister as follows:
(i) a senior lawyer to be nominated by the
Attorney General; and
(ii) five other members, at least two of
them from the private sector with
professional knowledge and experience
in public procurement and supply,
construction industry, business
administration, finance or law.
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GN NO. 813 (Contd)
(3) The Executive Secretary shall be the Secretary

of the Appeals Authority.
(4) Other matters regarding the proceedings of the
members of the Appeals Authority shall be as prescribed
in the Third Schedule.
(5) The Permanent Secretary shall oversee the
performance of the Appeals Authority
(6) The Appeals Authority shall have original
jurisdiction to hear and determine complaints or disputes
against procuring entities where a procurement or
disposal contract is already in force and appeals arising
from administrative decisions in the procurement process
made by the accounting officer.
(7) The Appeals Authority shall review the
Authority’s decision arising from debarment of tenderers.
(8) In resolving disputes, complaints or appeals,
the Appeals Authority shall conduct proceedings in
accordance with the procedures prescribed in the
regulations.
Appointment of 113.-(1) There shall be an Executive Secretary of

Executive
Secretary the Appeals Authority who shall be appointed by the
President on such terms and conditions as the President
may determine.
(2) The Executive Secretary shall be appointed
from amongst professionals who have at least ten years of
experience in either procurement and supply
management, law, accounts, finance, business or in any
other related field and shall have academic qualifications
and experience in such fields including proven record of
procurement experience.
(3) The Executive Secretary shall be responsible
for-
(a) management of the operations of the Appeals
Authority;
(b) management of funds, property and business
of the Appeals Authority;
(c) administration, organisation and management
of officers and staff of the Appeals Authority.
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GN NO. 813 (Contd)
(4) The Executive Secretary shall be the Director

General and the accounting officer of the Appeals
Authority.
(5) The Executive Secretary shall hold office for a
period of four years and may, subject to his satisfactory
performance, be eligible for reappointment for one further
term.
Employees of 114. The Appeals Authority shall, subject to the

Appeals Authority
approved organisation structure and scheme of service,
employ such number and categories of staff.
Funds of Appeals 115.-(1) The funds of Appeals Authority shall

Authority
consist of-
(a) monies appropriated by Parliament;
(b) loans and grants;
(c) revenues collected from services rendered,
Cap. 348 subject to the Public Finance Act; and
(d) any other monies received or made available
to it for purposes of implementation of its
functions.
(2) There shall be paid from the funds of the
Appeals Authority-
(a) the salaries and allowances of its staff,
(b) such other allowances necessary to pay its
members and staff or other persons engaged in
business of the Appeals Authority as the
appropriate authority may determine; and
(c) any other expenses incurred by it in the
performance of its functions.
Audit of accounts 116.-(1) The Appeals Authority shall maintain

proper books of accounts and other records relating to its
financial transactions and prepare annual statement of
accounts including revenue and expenditure account, and
Cap. 348 balance sheet in accordance with Public Finance Act.
(2) The books of accounts and other records shall
be open for inspection by the Minister or any other person
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GN NO. 813 (Contd)
duly authorised by him.

(3) The accounts of the Appeals Authority shall be
audited by the Controller and Auditor General.
Annual 117.-(1) The Executive Secretary shall, not later

management work
plan and budget than three months before the end of each financial year,
prepare and submit to the Permanent Secretary an annual
management work plan which include a budget for its
approval for the next financial year.
(2) The Executive Secretary may, at any time
before the end of a financial year, prepare and submit to
the Permanent Secretary of the Ministry for approval any
estimates supplementary to the budget of the current
financial year.
(3) Expenditure shall not be made out of the funds
of the Appeals Authority unless it is part of the
expenditure approved by the Permanent Secretary under
the estimates for the financial year in which the
expenditure shall be incurred or in the supplementary
budget for that year.
Annual report 118.-(1) The Appeals Authority shall, within three

months after the end of each financial year, cause to be
prepared and submitted to the Minister a report on its
activities and operations, and all complaints, disputes and
appeals handled during that year.
(2) A copy of the report prepared under subsection
(1) shall, during submission to the Minister, be
accompanied by-
(a) a copy of the audited accounts of the
AppealsAuthority;
(b) a copy of the auditor’s report on the accounts;
and
(c) any other information as the Minister may
direct.
(3) The Minister shall lay before the National
Assembly the reports referred to under subsection (2)
within three months from the date of receiving the report
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GN NO. 813 (Contd)
or at the next sitting of the National Assembly, whichever

event comes first.
Right to review 119.-(1) Any tenderer who claims to have suffered

or that may suffer any loss or injury as a result of a breach
of a duty imposed on a procuring entity by this Act may
seek a review.
(2) The right to review referred to in subsection
(1) shall not apply to-
(a) the selection of a method of procurement or in
the case of services, the choice of a selecting
procedure;
(b) the limitation of procurement proceedings on
the basis of nationality in accordance with
section 56 of this Act or in accordance with
the prescribed regulations; or
(c) in the case of services, a refusal by the
procuring entity to respond to an expression of
interest to participating in request for
proposals proceedings.
(3) The provisions of section 120 shall, mutatis
mutandis, apply to review sought under subsection (1).
Settlement of 120.-(1) Any complaint or dispute between a

complaints or
disputes by procuring entity and a tenderer which arises in respect of
accounting officer procurement proceedings, disposal of public assets and
award of contracts shall be reviewed and decided upon a
written decision of the accounting officer of a procuring
entity and give reasons for his decision.
(2) On receiving a complaint under this section,
the accounting officer may, depending on the nature of
the complaint, constitute an independent review panel
from within or outside his entity which shall review the
complaint and advise him on the appropriate actions to be
taken.
(3) Where after proper investigation, it is
established that, the Chairman, any member or secretary
of the tender board or any other public officer of the
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GN NO. 813 (Contd)
procuring entity has violated this Act or the regulations

the accounting officer shall take appropriate actions
against him.
(4) The accounting officer shall not entertain a
complaint or dispute unless it is submitted within five
working days from the date the tenderer submitting it
became aware of the circumstances giving rise to the
complaint or dispute or when that tenderer should have
become aware of those circumstances, whichever is
earlier.
(5) The accounting officer shall not entertain a
complaint or dispute after the procurement contract has
entered into force.
(6) Within five working days after the submission
of the complaint or dispute, or within seven days in case
an independent review panel is constituted, the accounting
officer shall deliver a written decision which shall-
(a) state the reasons for the decision; and
(b) if the complaint or dispute is upheld in whole
or in part indicate the corrective measures to
be taken.
(7) Where the accounting officer constitutes an
independent review panel, he shall be required to notify
all tenderers within one day after receipt of a complaint or
dispute.
(8) Where the accounting officer does not issue a
decision within the time specified in subsection (7), the
tenderer submitting the complaint or dispute to the
procuring entity shall be entitled immediately thereafter to
institute proceedings under section 121 and upon
institution of such proceedings, the competence of the
accounting officer to entertain the complaint or dispute
shall cease.
(9) The decision of the accounting officer shall be
final unless the tenderer applies for appeal to the Appeals
Authority.
Appeals or 121.-(1) A tenderer who is aggrieved by the

complaints to
Appeals Authority decision of the accounting officer may refer the matter to
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GN NO. 813 (Contd)
the Appeals Authority for appeal within five working

days from the date of receipt of the accounting officer’s
decision.
(2) A tenderer may submit a complaint or dispute
directly to the Appeals Authority if-
(a) the accounting officer has not given a decision
within the time prescribed under this Act,
provided that a complaint or dispute is
submitted within five working days after
expiry of the period within which the
accounting officer ought to have made a
decision;
(b) the complaint or dispute cannot be entertained
under section 120 because of entry into force
of the procurement or disposal contract, and
provided that the complaint or dispute is
submitted within five working days from the
date when the tenderer submitting it became
aware of the circumstances giving rise to the
complaint or dispute or the time when that
tenderer should have become aware of those
circumstances.
(3) The Appeals Authority shall, upon receipt of a
complaint, dispute or appeal give notice of the complaint,
dispute or appeal to the procuring entity in which case the
procuring entity shall be required to submit all the
relevant documentations and information pertaining to the
particular tender.
(4) The Appeals Authority may, unless it
dismisses the complaint, dispute or appeal, issue a
decision as follows:
(a) declare the legal rules or principles that govern
the subject matter;
(b) prohibit the procuring entity from acting or
deciding unlawfully or from following an
unlawful procedure;
(c) require the procuring entity that has acted or
proceeded in an unlawful manner, or reached
an unlawful decision, to act or to proceed in a
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GN NO. 813 (Contd)
lawful manner or to reach a lawful decision;

(d) annul in whole or in part an unlawful act or
decision of the procuring entity;
(e) revise an unlawful decision by the procuring
entity or substitute its own decision for such a
decision;
(f) require the payment of reasonable
compensation to the tenderer submitting the
complaint, dispute or appeal as a result of an
unlawful act, decision or procedure followed
by the procuring entity;
(g) order payment compensation to the procuring
entity for any reasonable cost incurred by
procuring entity in whose favour a decision
has been made by the Appeals Authority;
(h) set aside, vary or confirm the decision made
by the Authority to debar; or
(i) give such other order or reliefs as may be
deemed fit.
(5) The Appeals Authority shall, within forty days,
issue a written decision concerning the complaint, dispute
or appeal stating the reasons for the decision and the
reliefs granted, if any.
(6) The decision of the Appeals Authority shall be
final unless it is subject for judicial review under section
125 of this Act.
(7) The decision of the Appeals Authority shall be
binding on the parties to the complaint, dispute or appeal
and shall be enforceable in the same manner as a decree
or order of the court.
Extension of time 122. The Appeals Authority may extend the time
for submission of
complaint, dispute limit set under section 121(1) and (2) where it is satisfied
or appeal that failure by a party to lodge a complaint, dispute or
appeal was occasioned by being absent from the United
Republic, sickness or other reasonable cause, subject to
such terms and conditions as may be prescribed in the
regulations.
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GN NO. 813 (Contd)
Rules applicable to 123.-(1) The decision of the accounting officer or

review
proceedings the Appeals Authority made pursuant to sections 119 and
120 shall be furnished within five working days after the
delivery of the decision to the tenderer who submitted the
complaint, dispute or appeal to the procuring entity and to
any other tenderer or Government authority which
participated in the review proceedings and after the
decision has been delivered, shall be made available for
inspection by the general public, provided no information
shall be disclosed if its disclosure-
(a) is contrary to law;
(b) impedes law enforcement;
(c) is not in the public interest;
(d) prejudices legitimate commercial interest of
parties; or
(e) inhibits fair competition.
(2) The Authority may, upon receipt of reports of
findings from the accounting officer or decision of the
Appeals Authority, recommend to the competent
authority to take disciplinary measures against the
concerned person or body implicated in the report or
decision, as the case may be, in accordance with the
Suspension of 124.-(1) Upon receipt of a complaint or dispute,

procurement
proceedings the accounting officer shall suspend the procurement
proceedings pending determination of a complaint or
dispute.
(2) In the case of health commodities, where the
complaint or dispute lodged is in respect of particular lots
or particular health commodities in the same tender, the
accounting officer shall suspend the procurement
proceedings in respect of such lots or commodities.
(3) Procurement proceedings shall not be
suspended pursuant to subsection (1) where the procuring
entity certifies to the Authority that urgent public interest
considerations require the procurement to proceed and the
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GN NO. 813 (Contd)
certification shall state the grounds for the findings which

shall be conclusive with respect to all levels of review
other than judicial review.
(4) Subject to subsection (2), request for non-
suspension of the procurement proceedings shall be
submitted to the Authority when the complaint or dispute
is under the mandate of the accounting officer.
(5) Any decision by the accounting officer under
this section and the grounds and circumstances for it shall
be made part of the record of the procurement
proceedings.
(6) Upon receipt of a complaint, dispute or appeal,
the Appeals Authority may suspend the procurement
process or where necessary, the performance of the
concerned procurement contract pending determination of
the complaint, dispute or appeal.
Judicial review 125.-(1) A tenderer or procuring entity aggrieved

by the decision of the Appeals Authority may, within
fourteen days of the date of delivery of such decision,
apply to the High Court for judicial review.
(2) Where the application is before the High Court
for judicial review-
(a) in case of an application by a tenderer
challenging the decision of the Appeals
Authority, the Appeals Authority shall be
represented by the Attorney General; and
(b) in the case of an application by a procuring
entity or a tenderer who is a public institution
challenging the decision of the Appeals
Authority, the procuring entity or tenderer and
Appeals Authority shall state their positions to
the Attorney General immediately after leave
has been granted by the High Court.
(3) Where the procuring entity or tenderer and the
Appeals Authority have submitted their positions to the
Attorney General in terms of subsection (2)(b), the
Attorney General shall state case containing positions of
both parties and file a case marked “Case Stated” in the
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GN NO. 813 (Contd)
High Court for its opinion.

(4) The judgement of the High Court issued in
terms of subsection (3) shall be communicated to the
parties by the Attorney General and shall be binding on
both parties.
PART XII
GENERAL PROVISIONS
Codes of Conduct 126.-(1) Public officers, experts and tenderers

engaged in public procurement and supply shall subscribe
to the Codes of Ethical Conduct as prescribed in the
regulations.
(2) All tenderers shall be required to sign a
declaration of compliance with those Codes of Ethical
Conduct determined by the Authority.
Protection from 127. Any member or employee of the Authority or

personal liability
Appeals Authority shall not be subject to any action,
liability or demand for an act or thing if such act or thing
was done or omitted bona fide in the execution of his
duties as a member or employee of the Authority or
Appeals Authority.
Offences 128. A person who-

(a) knowingly gives false or misleading
information or evidence in purported
compliance with a summons issued under this
Act;
(b) contrary to this Act, interferes with or exerts
undue influence on any officer or employee of
the Authority, Appeals Authority, procuring
entity or a member of the tender board in the
performance of his functions or in the exercise
of his power under this Act;
(c) opens any sealed tender, including such
tenders as may be submitted through electronic
system and any document required to be
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GN NO. 813 (Contd)
sealed, or divulges their contents prior to the

appointed time for the public opening of the
tender documents;
(d) connives or colludes to commit a fraudulent,
corrupt, collusive, coercive or obstructive act
as defined in this Act;
(e) causes loss of public property or funds as a
result of negligence in the implementation of
this Act,
commits an offence and on conviction shall be liable to a
fine of not less than ten million shillings or to
imprisonment for a term of not less than seven years or to
both, and in addition to the penalty imposed in this
section, the court shall order that the amount of loss
incurred by the complainant be compensated, failure of
which, the court shall issue an order of confiscation of
personal property of the person convicted in order to
recover the loss.
(2) A person who-
(a) without reasonable excuse fails or refuses to
give information, produce any document,
records or reports required under section 19;
(b) without reasonable excuse, fails or refuses to
give information, produce any document,
records or reports required under section 19(3)
or under a notice issued in accordance with
section 121(3);
(c) fails to conduct procurement, supply or
disposal through the public procurement
electronic system;
(d) contravenes provisions relating to preference;
(e) delays without justifiable cause, the opening,
evaluation or the award of contract beyond the
prescribed period; or
(f) contravenes or fails to comply with provisions
of this Act or regulations,
commits an offence and on conviction is liable to a fine
not exceeding ten million shillings or to imprisonment for
a term not exceeding three years or to both.
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GN NO. 813 (Contd)
(3) Where a procuring entity persistently

contravenes this Act, it shall, on the direction of the
Authority, have its procurement function transferred to
the Agency or a third-party procurement agent until the
Authority is satisfied that the causes of the contravention
have been rectified.
Regulations 129.-(1) The Minister may make regulations for

the better carrying out of the provisions of this Act.
(2) Without prejudice to the generality of
subsection (1), the Minister may make regulations
prescribing-
(a) procedures and processes for procurement of
common use items under framework
agreements;
(b) procedures for procurement of goods and
services by public bodies through third party
or Agency;
(c) threshold of the tender board or accounting
officer to approve procurement or disposal of
public assets;
(d) terms and conditions for delegation of
procurement functions of a procuring entity;
(e) procurement procedures for used locomotives
and coaches, ships and aircrafts;
(f) procurement procedures for health
commodities including life-saving health
commodities;
(g) procedures for tender submission, opening,
evaluation and awarding of tender and
cancellation of procurement process;
(h) procedures for investigation under this Act;
(i) procedures for lodging procurement
complaints, disputes and appeals;
(j) various methods of procurement and
procurement of commodities of seasonal
nature;
(k) qualification of tenderers, circumstances and
procedures for pre-qualification process;
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GN NO. 813 (Contd)
(l) fees and charges for various services rendered

by the Authority, Appeals Authority or the
Agency;
(m) procurement procedures for the Authority,
Agency or Appeals Authority;
(n) procedures for handling disagreements
between procuring institutional bodies for
procurement functions;
(o) threshold for vetting of procurement contracts
by the Attorney General or a legal officer of
the procuring entity;
(p) procedures for consideration of national
preference in tendering and thresholds for
exclusive preference;
(q) the manner and duration for keeping
procurement and supply records by procuring
entity;
(r) procedures for debarment of a tenderer by the
Authority;
(s) procedures for advertisement and publication
of tender notices by procuring entity;
(t) standard tender documents for application
under this Act;
(u) procedures for negotiation and award of
contract;
(v) procedures for contracts management;
(w) procedures for retrospective approval;
(x) procurement procedures for public bodies
operating commercially;
(y) procedures for emergency procurement;
(z) procedures for conducting e-procurement;
(aa) procedures for inventories and assets
management;
(bb) composition, manner of appointment of
members and proceedings of tender boards in
local government authorities; and
(cc) anything or matter which is required for
effective implementation of the provisions of
this Act.
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GN NO. 813 (Contd)
(3) The Minister shall, in making regulations for

tender boards in local government authorities, consult the
Minister responsible for local government.
Guidelines 130. The Authority shall issue guidelines for the

better carrying out of the objectives or any functions
under this Act.
Repeal and savings 131.-(1) The Public Procurement Act of 2011 is

Act No.
7 of 2011 hereby repealed.
(2) Notwithstanding subsection (1), anything done
pursuant to the provisions of the Public Procurement Act
of 2011 shall remain valid until otherwise revoked or
varied under the provisions of this Act.
(3) Upon the coming into operation of this Act, all
laws, regulations, rules, guidelines or any other subsidiary
legislation relating to public procurement, supply and
disposal of public assets by tender which were in force
immediately before the commencement of this Act shall,
in so far as they are not inconsistent with the provisions of
this Act, remain in force as if they were made under this
Act until replaced or revoked.
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GN NO. 813 (Contd)
___________
FIRST SCHEDULE
_____________
(Made under section 22(5))
PROCEDURES OF THE PUBLIC PROCUREMENT REGULATORY AUTHORITY

Interpretation 1. In this Schedule, “appointing authority” means-
(a) in the case of the Chairman of the Board, the President of
the United Republic of Tanzania; and
(b) in the case of members of the Board, the Minister for the time
being responsible for procurement.
Tenure of 2.-(1) The Chairman and members of the Board shall be

office appointed for a period of three years and shall be eligible for re-
appointment for one further term.
(2) The appointing authority may terminate the appointment of
a member of the Board at any time for-
(a) abuse of office;
(b) corruption;
(c) incompetence;
(d) any physical or mental incapacity that renders a person
incapable of performing the duties of that office;
(e) failure to attend three consecutive meetings of the Board
without reasonable grounds;
(f) conviction of an offence involving moral turpitude; and
(g) being adjudged bankrupt by a court of law.
(3) Any member of the Board may resign upon giving one
month’s notice in writing to the appointing authority.
(4) Where any member is absent from three consecutive
meetings of the Board without providing reasonable excuse, the Board
shall advise the appointing authority to terminate the appointment of
that member and appoint another member in his place.
Attendance by 3. The Board may invite public officers of procuring entities

non-members whose procurement is under consideration or any other person with a
legitimate interest in the procurement being reviewed to attend its
meetings for the purpose of assisting the Board, but such person shall
have no right to vote.
Meetings 4.-(1) An ordinary meeting of the Board shall be convened by

the Chairman, or in his absence or inability to act, the Director General,
by a notice specifying the date, time and place of such meeting which
shall be sent to each member at his usual place of business or residence
not less than two working days before the date of such meeting and the
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GN NO. 813 (Contd)
Board shall meet at such times and such places being not less than once
in a month as the Chairman may determine.
(2) The Chairman, or in his absence or inability to act, the
Secretary to the Board, shall convene a special meeting of the Board
upon receipt of a request in writing signed by not less than three
members of the Board, save that such request shall not be made without
justifiable cause.
(3) A meeting of the Board shall be chaired by the Chairman
and, in the case of his absence, the members present shall select one
member among them to act as Chairman in respect of such meeting, and
the member so selected shall be responsible for reporting the findings
of such meeting to the Chairman.
(4) At any meeting of the Board, a decision of the majority of
the members present shall be recorded as a decision of the Board, save
that a member who dissents from such decision shall be entitled to have
his dissenting decision and the reasons for it recorded in the minutes of
that meeting.
(5) The validity of any act or decision of the Board shall not
be affected by any vacancy among its members or by any defect in
the appointment of any of them.
Quorum 5. Half of the members of the Board shall form a quorum for
a meeting of the Board.
Minutes 6. Minutes of each meeting of the Board shall be recorded by

the Secretary in a proper form and shall be confirmed by the Board and
signed by the Chairman and the Secretary at the next following ordinary
meeting of the Board and filed at the offices of the Authority.
Notification 7. Notification of decisions of the Board and all other

of decisions communications made on its behalf shall be signed by the Secretary or
by an who has been authorised in writing.
Fees and 8. Fees and allowances payable to the Chairman and members
allowances of the Board shall be prescribed by the relevant authority.
Regulation of 9. The Board shall have power to regulate its own proceedings.
proceedings
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GN NO. 813 (Contd)
______________
SECOND SCHEDULE
__________________
COMPOSITION, APPOINTMENT AND PROCEDURES OF TENDER BOARDS
Interpretation 1. In this Schedule, “board” means the tender board for a

ministry or public institution.
Composition 2.-(1) The board shall consist of-

and (a) Chairman, who shall be one of the heads of departments
appointment or a person of similar standing and who shall be
appointed by the accounting officer; and
(b) six members who are heads of department or persons of
similar standing within the same procuring entity and
who shall be appointed by the accounting officer.
(2) The head of the Procurement Management Unit shall be
the Secretary to the board.
Tenure of 3.-(1) The Chairman and members of the board shall be

appointment appointed for a period of three years and shall be eligible for re-
appointment for a further period of three years.
(2) Under exceptional circumstances, the accounting officer
shall extend the tenure of a board member for a period not exceeding
six months from the date of expiry of the initial period of appointment.
(3) The accounting officer may terminate the appointment of
the Chairman and members of the board at any time for-
(b) corruption;
(c) incompetence;
(e) failure to attend three consecutive meetings of the board
meetings without reasonable grounds;
(4) Any member of the board may resign upon giving one
month’s notice in writing to the accounting officer.
(5) Where any member is absent from three consecutive
meetings of the board without providing reasonable excuse, the board
shall advise the accounting officer to terminate the appointment of that
member and appoint another member in his place.
99
GN NO. 813 (Contd)
Attendance by 4. The board may invite public officers from within the
non-members procuring authority or other public authority to attend its meetings for
the purpose of assisting the board, but such person shall not vote.
Meetings 5. Meetings of the board shall be convened by the Chairman,

or in his absence or inability to act, the Secretary, by a notice
specifying the date, time and place of such meeting which shall be sent
to each member at his usual place of business or residence not less
than two full working days before the date of such meeting and the
board shall meet at such times and places, quarterly:
Provided that, the board may convene an extra-ordinary
meeting as the Chairman may determine.
Quorum 6.-(1) Half of the members of the board shall form a quorum
for a meeting of the board.
(2) In the absence of the Chairman, the members present at a
meeting of the board shall elect one among them to act as Chairman
for that meeting and the member who is so elected shall be responsible
for reporting the findings of such meeting to the Chairman.
(3) At any meeting of the board, a decision of the majority of
the members present and voting shall be recorded as a decision of the
board, save that a member who dissents from that decision shall be
entitled to have his dissenting decision and the reasons for it to be
recorded in the minutes of that meeting.
Minutes 7. Minutes of each meeting of the board shall be recorded by

the Secretary in a proper form and shall be confirmed by the board and
signed by the Chairman and the Secretary at the next following
meeting of the board.
Notification 8. Notification of decisions made by the board and all other

of decisions communications sent on its behalf shall be signed by the Secretary,
Permanent Secretary or Chief Executive, as the case may be.
Sub- 9. The tender board may establish sub-committees and

committee appoint as members, of such sub-committees, persons who are, or are
not, members of the tender board for the purposes of advising the
board on any specific matter.
Fees and 10. The Minister may prescribe fees and allowances which
allowances may be payable to the Chairman and members of the board.
Regulation of 11. The board shall have power to regulate its own
proceedings proceedings.
100
GN NO. 813 (Contd)
__________
THIRD SCHEDULE
___________
PROCEDURES OF THE APPEALS AUTHORITY
Interpretation 1. In this Schedule, “appointing authority” means-

(a) in the case of Chairman and Executive Secretary of
the Public Procurement Appeals Authority, the President
of the United Republic of Tanzania; and
(b) in the case of members of the Appeals Authority, the
Minister for the time being responsible for procurement.
Tenure of 2.-(1) The Chairman and members of the Appeals Authority

office shall be appointed for a period of three years and shall be eligible for
re-appointment for one further term.
(3) The appointing authority may terminate the appointment
of the Chairman, members and Executive Secretary at any time for-
(b) corruption;
(c) incompetence;
(e) failure to attend three consecutive meetings of the
Appeals Authority without reasonable ground;
(3) Any member of the Appeals Authority may resign upon
giving one month’s notice in writing to the appointing authority.
(4) Where a member is absent from three consecutive
meetings, the Appeals Authority shall advise the appointing authority
to terminate the appointment of that member and appoint another
member in his place.
Notice of 3.-(1) A meeting of the Appeals Authority for hearing

hearing complaint, dispute or appeal shall be convened by the Chairman or in
his absence or inability to act the Executive Secretary, by a notice
specifying the date, time and place of such hearing which shall be sent
to each member at his usual place of business or residence not less
than two working days before the date of such hearing.
(2) The Chairman or in his absence or inability to act, the
Executive Secretary shall convene a special meeting upon receipt of a
101
GN NO. 813 (Contd)
request in writing signed by not less than three members of the

Appeals Authority save that such request shall not be made without
justifiable cause.
(3) The Appeals Authority may act notwithstanding any
vacancy in its membership.
(4) An act or proceeding of the Appeals Authority shall not be
invalid by reason of any defect or irregularity in the appointment of
any member or by reason that any person who claimed bona fide to act
as a member at the time of the act or proceeding was in fact
disqualified or not entitled to act as a member.
Proceedings 4.-(1) In resolving complaints or appeals, the Appeals

of Appeals Authority shall conduct proceedings in accordance to the regulations
Authority made under this Act.
(2) Where the regulations are silent in relation to any
particular practice or procedure, the proceedings of the Appeals
Authority shall be conducted in accordance with such rules of practice
and procedure as the Appeals Authority may specify.
Quorum 5.-(1) In any meeting of the Appeals Authority, three

members shall form a quorum for a hearing of complaints, disputes or
appeals.
(2) In the absence of the Chairman, the members present at a
meeting of the Appeals Authority shall select one among them to act
as chairman for that meeting and the member who is selected shall be
responsible for reporting the findings of such meeting to the Chairman.
(3) At any hearing of the appeal, dispute or complaint, the
decision of the majority of the members present shall be recorded as a
decision of the Appeals Authority, save that a member who dissents
from the decision reached shall be entitled to have his decision and the
reasons thereof be recorded in the decision of the appeal, dispute or
complaint of that meeting.
Record of 6.-(1) Proceedings at the hearing by the Appeals Authority

decision shall be recorded in writing by the members or by any other authorised
person.
(2) The records of every proceeding of the Appeals Authority
shall be signed by the members present and the Chairman or a person
presiding over.
Notification 7. Notification of decision made by the Appeals Authority

of decision and all other communications sent on its behalf shall be signed by the
Executive Secretary or by an officer of the secretariat who has been
authorised in writing.
102
GN NO. 813 (Contd)
Fees and 8. Fees and allowances payable to the Chairman and members
allowances of the Appeals Authority shall be prescribed by the relevant authority.
Passed by the National Assembly on the 8th September, 2023.
NENELWA JOYCE MWIHAMBI

Clerk of the National Assembly
103

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The Public Procurement Act

GN NO. 813 (Contd)

GOVERNMENT NOTICE NO. 813 published on 20/9/2024

THE UNITED REPUBLIC OF TANZANIA

ACT NO. 10 OF 2023

THE PUBLIC PROCUREMENT ACT

Dodoma, HAMZA S. JOHARI

THE PUBLIC PROCUREMENT ACT, 2023

1. Short tittle and commencement.

6. Commissioner for Public Procurement Policy.

8. Public Procurement Regulatory Authority.

24. Appointment of Director General.

32. Tender boards.

49. Procurement in commercially operating public bodies.

53. Qualifications of tenderers.

87. Evaluation criteria.

93. Responsibility to monitor execution of contract.

99. Receipt and recording of goods, supplies or assets.

105. Scope, applicability and approval.

107. Fraud and corruption.

110. Conduct of directors, servants or agents.

112. Appeals Authority.

126. Codes of Conduct.

THE UNITED REPUBLIC OF TANZANIA

An Act to make provisions for better management of public

ENACTED by the Parliament of the United Republic of Tanzania.

Short tittle and 1. This Act may be cited as the Public

relevant stages; and

Interpretation 3. In this Act, unless the context otherwise

(c) an employee of a public body; or

“fraudulent practice” means a misrepresentation of facts

proposal initiated by a private sector party to a

the Public Finance Act;

capital is owned by a foreign citizen;

from goods, works or services procured with the

“procurement” means buying, purchasing, renting,

dimensions, weight, grade, durability, origin, age

procuring entity to compete with each other in

International 4.-(1) Where this Act conflicts with an obligation

(3) Where, for reasons of limitations of capacity,

General 5.-(1) All public procurement, supply and disposal

Commissioner 6.-(1) There shall be the Commissioner for Public

of procurement management unit and

Objectives 9. The objectives of the Authority shall be to-

Attorney General and professional bodies,

(iv) performance audit after the

(a) the registration of contractors, suppliers or

implementation of any matter under investigation.

Initiation of 12. An investigation carried out pursuant to

Evidence 13.-(1) Subject to the provisions of subsection (3)

(ii) prejudice the relations of the United

(2) The Director General of the Authority may,

(ii) where it has reason to believe that any

concerned with the procurement process in

shall be as prescribed in the First Schedule.

to the Authority for the purposes of

duties under subsection (1), have access to all books of

funds of the Authority unless that expenditure is part of

tender board approval.

Budget 35.-(1) The budget approving authority shall, in