Chapter 2 Provision Relating to Responsibility for Procurement and Procurement Methods

Section 7: Responsibility Towards Procurement Activities

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1) The chief of the Public Entity concerned shall be responsible for preparing a procurement plan pursuant to Section 6 and carrying out or causing to be carried out all other activities relating to procurement to be made by fulfilling the procedures referred to in this Act.

2) A Public Entity shall, in carrying out procurement-related activity pursuant to sub-section (1), carry out so through an employee who has the qualification prescribed by the Public Procurement Monitoring Office and has knowledge or training on procurement business.

3) A Public Entity shall establish a procurement unit or assign the responsibilities thereof in order to carry out the following acts:

(a) Preparing a procurement plan,

(b) Preparing prequalification documents, bidding documents and procurement contract-related documents by making necessary amendments in the standard bidding documents, standard prequalification documents and standard procurement contract documents prepared by the Public Procurement Monitoring Office,

(c) Preparing documents relating to proposals for consultancy services by making necessary modifications to the standard request for proposal prepared by the Public Procurement Monitoring Office,

(d) Publicly publishing the procurement notice,

(e) Issuing pre-qualification documents, bidding documents or forwarding documents relating to proposals for consultancy services,

(f) Receiving and safely keeping pre-qualification proposals, bids or consultancy service proposals,

(g) Submitting the pre-qualification proposals, bids or consultancy service proposals to the evaluation committee for evaluation and submitting the evaluated bids for acceptance,

(h) Notifying the acceptance of the pre-qualification proposals, bids or consultancy service proposals,

(i) Obtaining, examining and safely keeping the performance guarantee,

(j) Examining, or causing to be examined, the quality standards of the goods, construction works or services that have been procured,

(k) Making available the information and documents asked for by the Public Procurement Monitoring Office, and

(l) Performing other functions as may be prescribed.

4) In carrying out or causing to be carried out the functions as referred to in sub-section (3), the Procurement Unit or the unit to which responsibility thereof has been assigned shall carry out the same with the approval of the chief of the concerned Public Entity.

5) The functions, duties and powers of the head of the procurement division, branch or unit established pursuant to sub-section (3) shall be as prescribed.

6) It shall be the duty of the head of the concerned public body to ensure that the work is completed within the stipulated time by regularly supervising, monitoring, and implementing quality control measures, in order to fulfil the procurement agreement entered into pursuant to this Act.

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