Responsibility for procurement activity

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(1)16 The chief of the concerned public entity shall be responsible for executing, or causing to be executed, the procurement activity by fulfilling the procedures referred to in this Act.
(2) A public entity shall, in executing the procurement activity pursuant to sub-section (1), get it to be executed by an employee who has such qualification as may be determined by the Public Procurement Monitoring Office and has knowledge or training on procurement.
(3) A public entity shall, for the performance of the following functions, establish a separate division, section or unit on the basis of workload and nature of procurement activity and designate the procurement official17:
(a) To prepare procurement plans,
(b) To prepare, as required, prequalification documents, bidding documents and contract documents in such a way that they do not generally differ substantially from18 the standard bidding documents, standard prequalification documents and standard contract documents prepared by the Public Procurement Monitoring Office,
(c) To so prepare documents relating to proposals for consultancy services as required that they do not generally differ substantially from19 the standard request for proposal prepared by the Public Procurement Monitoring Office,
(d) To publicly publish the notices on procurement,
(e) To issue pre-qualification documents, bidding documents or to forward documents relating to proposals for consultancy service,
(f) To receive and safely retain pre-qualification proposals, bids or proposals for consultancy service,
(g) To submit the pre-qualification proposals, bids or proposals for consultancy service to the evaluation committee for their evaluation and submit the evaluated bids for acceptance, (h) To give notice of acceptance of the pre-qualification proposals, bids or proposals for consultancy service,
(i) To obtain, examine and safely retain the performance guarantee,
(j) To examine, or cause to be examined, the quality of the procured goods, construction works or services,
(k) To provide such information and documents as demanded by the Public Procurement Monitoring Office, and
(l) To perform such other functions as may be prescribed.
(4) In performing, or causing to be performed, the functions referred to in sub-section (3), the authority who is entrusted with the responsibility of the procurement division, section or unit20 shall perform such functions with the approval of the chief of the concerned public entity.
(5)21 The functions, duties and powers of the chief of the procurement division, section or unit established pursuant to subsection (3) shall be as prescribed.
(6)22 It shall be the duty of the chief of the concerned public entity to ensure that the act is completed within the specified time by regularly making, or causing to be made, supervision, monitoring and quality control in order to implement, or cause to be implemented, the procurement contract made in accordance with this Act.

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