The Public Procurement and Asset Disposal Act, No. 33 of 2015, Section 53(6) states that, all state organs and public entities during their procurement and disposal planning are required to reserve a minimum of 30% of the budgetary allocations to enterprises owned by women, youth, persons with disabilities and other disadvantaged groups.
This guide has been published to assist in sensitizing and building the capacities of Youth, Women, and People with disabilities and other disadvantaged groups in doing business with MCK. In addition to this guide, prospective bidders are encouraged to familiarize themselves with the Public Procurement and Asset Disposal Act, 2015 and related regulations and manual to ensure full compliance.
Purpose
The purpose of this document is to guide Youth, Women and People with Disability who intend to do business with the company understand the stages of the company‟s procurements and contracting processes and procedures. In addition, this guide is aimed at sensitizing and building the capacity of the Youth, Women and People with Disability on Public Procurement and Asset Disposal regulations.
Applicability of Guidelines
This guideline is limited to the Youth, Women and People with Disability. The provisions described under this section 2 apply to all other sections of the Guidelines. For the procurement of those contracts for goods, works, and services not financed in whole or in part by the company, the rules and regulations of the financier/donor shall apply.
Forms of Communication
All communications and enquiries between parties on procurement and asset disposal proceedings shall be in writing. Information and Communication Technologies (ICT) may be used by the company in procurement and asset disposal proceedings as prescribed in the Public Procurement and Asset Disposal Act, 2015 and subsequent regulations.
Conflicts of Interest, Fraud and Corruption
A person to whom the Public Procurement and Asset Disposal Act, 2015 applies shall not be involved in any corrupt, coercive, obstructive, collusive or fraudulent practice; or conflicts of interest in any procurement or asset disposal proceedings. In addition, a tender, proposal or quotation submitted by a person shall include a declaration that the person will not engage in any corrupt or fraudulent practice and a declaration that the person or his or her sub-contractors are not debarred from participating in procurement proceedings.
Confidentiality
After the public opening of bids, information relating to the examination, clarification, and evaluation of bids and recommendations concerning awards shall not be disclosed to bidders or other persons not officially concerned with the procurement and disposal process until its final completion.