Chamwe Kaira
The Ministry of Finance is conducting regional consultations on the Public Procurement Act until 4 October.
The ministry is inviting the public to review and provide feedback on proposed amendments contained in the Public Procurement Amendment Bill, 2025.
The bill seeks to amend the Public Procurement Act of 2015, which regulates the procurement of goods, works, and services; the letting or hiring of assets; the granting of rights; and the disposal of assets by public entities.
It also establishes the Public Procurement Regulatory Authority, the Procurement Policy Unit, and the Central Procurement Board of Namibia, defining their powers and functions.
The bill outlines the roles of procurement committees, procurement management units, and bid evaluation committees in the procurement process.
It introduces procurement methods such as open advertised bidding, restricted bidding, requests for quotations, emergency procurement, direct procurement, electronic reverse auctions, community-based procurement, unsolicited proposals, framework agreements, and pooled procurement.
It sets rules for the bidding process, including requirements for bidding documents, bid security, validity periods, evaluation, rejection of bids, competitive negotiations, and the award of contracts.
It also covers post-qualification, life-cycle costing, supplier registration, and the briefing of unsuccessful bidders.
Procurement contracts must meet requirements relating to performance security, publication of contracts, price adjustments, subcontracting, contract management, advance payments, termination clauses, and contract close-out procedures.
The bill provides for the disposal of state assets through a disposal committee, setting out conditions and precautions for the process and rules for handling proceeds.
It introduces an administrative review system, including the creation of an Administrative Review Committee with powers to hear complaints.
A Public Procurement Court will also be established with jurisdiction over procurement disputes and appeals.
The bill contains provisions on procurement integrity, covering artificial division of contracts, conduct of bidders, and supplier responsibilities.
It prescribes a code of conduct, fiduciary duties, declaration of assets and interests, and restrictions on staff participation in procurement processes. Offences and penalties are specified for non-compliance, misconduct, or corruption.
Preferences are set for Namibian small and medium enterprises, local suppliers, joint ventures, and goods manufactured, mined, extracted, or grown in Namibia. Exclusive preferences may be granted to local suppliers in certain categories.
The Minister of Finance will have powers to issue procurement directives, determine policy, set preferences, and regulate the professionalisation of procurement.
A specialised policy unit in the ministry will advise on procurement policies.
The bill introduces sustainable procurement principles, emphasising environmental, social, and economic impacts in procurement decisions.
It repeals conflicting laws, provides transitional arrangements, and sets penalties for offences, including fines and imprisonment.
