L nUT Uz
FEDERAL NEGARIT GAZETA
OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
W CONTENTS
6)#9/21
xJ q_R 6)#9 PROCLAMATION NO. 649/2009.
23123
=}
=} ^L SY THE ETHIOPIAN FEDERAL GOVERNMENT
w[ e}` PROCUREMENT AND PROPERTY
ADMINISTRATION PROCLAMATION
N U nUT Uz ..q. *1
Unit Price Negarit G. P.O.Box 80001
gA 48)$9 L UT Uz q_R % 4 q
q N 21 .M Federal Negarit Gazeta No. 60 9st September, 2009 . page 4859
CHAPTER ONE
GENERAL
p L L
1. Short Title
1/ ` `e
This Proclamation may be cited as The Ethiopian
I #= ^ SY Federal Government Procurement and Property
w[ e}` l` Administration Proclamation No.649/2009.
6)#9/21$ }wKA K=ke LM::
2. Definitions
2/ ` T@
In this Proclamation unless the context requires
# % otherwise:
1 u=I <e:-
1/ Goods mean raw material, products and
1/ #n
n$
n TK u`' uXi U equipment and commodities in solid, liquid
u SM T> _ n' U`' or gaseous form, marketable software and
SX]' gk '
live animals as well as installation, trans-
' E c=J' T>< n ` port, maintenance or similar obligations
< K< n related to the supply of the goods if their
MuK K< }L' ^e- value does not exceed that of the goods
` K?L }Sdd M- themselves;
KA U^M
2/ Services mean any object of procure- ment
2/ #MKA$
#MKA TK n' v other than works, goods and consult- ancy
` Y^ U` MKA services: such as maintenance, security,
< K c=J' ' ' - janitorial, electricity, telecomm- unication
A !"' #$%&% '( ' and water supply services;
)$*+,-. E /H A01
23K< U^M
3/ Works mean all work associated with the
3/ #v
v
v ` Y^$
Y^ TK Q' S- construction, reconstruction, up grading,
U SW[}-MT Y^ ` demolition, repair or renovation of a building
u} T> =e v' SMf road, or structure, as well as services
v'456 74!' T[e' ' incidental to works, if the value of those
Te Y^ =G<U } J -
< Y^ MuK K< MKA services does not exceed that of the works
c=J' Sv' uvKu? S' themselves and includes build-own-operate,
Y^< Tkdke' Te}LK' U build- own-operate-transfer and build-
Sv' Tkdke' Te}LK operate-transfer contracts;
U Sv' uvKu? S
Tkdke <KA U^M
4/ Consultancy Service mean a service of an
4/ #U`
U` MKA$
MKA TK T"]
L< S< IKA uSkU T> intellectual and advisory nature provided by
c< ' = E 8' consultants using their professional skills to
}K
a T^' Ku study, design and organize specific projects,
U` Se' YM Se advice clients, conduct training and transfer
<k Te}LK T"] vI] knowledge;
K< Ua MKA <
5/ Procurement mean obtaining goods, works,
5/ #
$
TK n9' v ` consultancy or other services through
Y^9 MKA u' purchasing, hiring or obtaining by any other
u=^ U uT<U K?L }Sd- contractual means;
d <M T <
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q N 21 .M Federal Negarit Gazeta No. 60 9st September, 2009 . page 4860
6/ #SY SY] u?$ TK S<K< 6/ Public Body mean any public body, which is
uS<K< U uM u^M SY partly or wholly financed by the Federal
Government budget, higher education institutions
u T>}` SY S
and public institutions of like nature;
u?' } UI` }sU # }Sd-
d sU K< "M
7/ Public Fund mean any monetary resource
7/ #SY w$ TK ^M S- appropriated to a public body from the Federal
Y U u? U ^M S- Government treasury or aid grants and credits put
Y "< < ` w` KS- at the disposal of the public bodies by foreign
Y SY] u? }Su w U donors through the Federal Government or
m b@~ <e u= < internal revenue of the public body;
0/ #
}]$
}] TK uSY 10/ Candidate mean a natural or juridical
=d} }u U KS"- person invited to take part in public
M SK} c< U ` procurement or seeking to be so invited;
<
11/ Bidder mean a natural or juridical person
01/ #}^
}^$
}^ TK S[ Gdw submitting a bid;
k[u c< <
12/ Bidding Documents mean a document
02/ #[
[ c TK E; <&-
[ c$ prepared by the public body as a basis for
9= 2>5? 3@ KT #-= preparation of bids; which contains a
K< uSY SY] u? T> specification of the desired object of
AA !B CD E c procurement;
<
13/ Bid Proposal mean a document submit- ted
03/ #S[ c$ TK 2!F by bidders to participate in a bid on the basis
2 GH !B/ I
/ J- of the bid document prepared by a public
5K 3@ 2L }^ !B/ body in respect of that procurement;
2 E
M / c <
04/ #
SS]
SS]$ TK u=I 14/ Procurement Directive mean the directive
SW[ uw =T> MT T>>e\ to be issued by the Minister of Finance and
T> SS] < Economic Development in accordance with
this Proclamation;
05/ #T>
T>>e` # T
T>>>e`
`$ TK #pU 15/ Minister or Ministry mean the Minister or
}}K< w =T> MT T>>e` the Ministry of Finance and Economic
# T>>e` < Development respectively;
06/ #c
c<$
c TK }a c< U uQ 16/ Person mean a natural or juridical person;
c< Sw }c< M <
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07/ #M
M $
TK ^ kT@ 17/ Special Procurement mean a procurement
L< uSJ< U uT>>e\ of sizable volume carried out in bulk by a
<X@ up T>S< } decision of the Minister on account of the
U SY SY] national significance of that procurement or
u? L< }Sdd L to fulfill similar requirements of various
A =G<U SY public bodies or requirements of a public
SY] u? u}c >? <e u} body within a given period of time;
T> T>[< LA
KTTEL T>U <
!/ #x`
x`$
x` TK u^M Se 20/ Board mean an entity established under
U w[ this Proclamation to review and decide on
H> L u }] T>k- complaints from candidates in regard to the
`w u?~ S`Ua <d@ =c conduct of procurements and disposal of
u=I }ssS< "M < property of the Federal Government;
!2/ #un L$
L TK uSY 22/ Custodial Responsibility mean the
SY] b@T ybY ` wYM `W
responsibility conferred on a civil servant by
bwklW y| m ymNG|T NBrT
XSkwgD wYM kmZgB XSk\rZ the head of a public body or by a person
wYM bl@ \t wYM m b@T delegated by him to protect and maintain
_b |R XN!WL XSktlF DrS public property until it is disposed or written
ymNG|T NBrT lmZ lm-bQ off, or transferred to the custody of another
KmNG|T \t ys_ ` nW civil servant or public body;
!3/ #sT>
sT> w[$
w[ TK Gz#E hLT
23/ Fixed Asset mean tangible asset the value
lW yt-L UW n!ST b
wW mm ywsN kxND mT of which is determined by a directive to be
bY ln g!z@ -q c? yrW issued by the Minister, that is in operational
X xgLGlT bmS-T Y yg" use and that has a useful economic life of
NBrT s!N XNd yb! : M more than one year, such as furniture,
pEWtR kD m t>kR computers, heavy equipment, vehicles, ships
mRkB xWPN ?N mNgD and aircraft, buildings, roads, sewers,
yF> mSmR DLDY mS X bridges, irrigation systems, dam and the like;
GDB ymsl#TN Y=ML
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!4/ #Q S Y`$
Y` TK km 24/ Life- Time Approach mean a system of
NG|T NBrT UR ytz# tGC X effective management and control of public
wCN yqD ymZ ymrkB property which takes in to account all
ym-qM y_g yF wYM
associated activities and costs, namely,
ySwgD wYM kmZgB ym\rZ
}GT kGMT WS_ bSgT S planning, acquisition, receipt, use,
Y w[ e}` l` maintenance, consumption or disposal or
wn vK< S =S^ KT[ deletion of public property;
T>eM Y` <
25/ Supplies means all public property other
!5/ n TK k : W yn
#Lm n$ than fixed assets, which can be consumed
cWM ymNG|T NBrT s!N within one year of use and the value of which
0P C( 2Q N25 RS AT is determined by a directive to be issued by
e xND mT A !" U3 E the Minister;
= X UW n!ST bwW
mm ywsN NBrT /
26/ Disposal mean the transfer of public
!6/ #Te
Te$
Te TK SY w[ property to another person by sale or other
ui U u` KK?L means or the act of getting rid of public
Te}LK U Spu` U property by burning or burying;
TnM <
27/ Public Private Partnership mean investment
!7/. #SY M i`$ TK through private sector participation by a
uSY SY] u? uM contractual arrangement between a public body
vKGw S"M uT>[ <M uK< and a private sector enterprise, as the
vKGw }d T>[ =e concessionnaire, in which the concessionnaire:
S c=J c?i` }wKA T>
k< M vKGw-
K/ SY SY] u? :-
b) this Proclamation does not apply to
CN yGN zRF |CN
contracts a public body enters into with
yMKR l@lC xgLGlCN
w uSg K?KA SY another public body for the provision of
goods, works, consultancy or other
SY] u? KGT ud
services at cost.
Rg#T WL C( I VWE
A(XPYY
4.
LK 4. Gender Reference
bz!H xJ WS_ u }< Provisions of this Proclamation set out in
c?U "M'
masculine gender shall also apply to the feminine
gender.
5. SY E Z5 A4 S`
J
5. Principles of Public Procurement and
Property Administration
S U G %
} T>}K< S`J SW[ Public procurement and property administration
T[ `uM:-
shall have to comply with the following
principles:
1/ u U [ SY
w K=e T>K< pU
1/ ensure value for money in the use of public
Te~
fund for procurement;
2/ u=I u}k< M e}
"MJ ue}k` u? U S 2/ non discrimination among candidates on
] Se` ` vM}< grounds of nationality or any other criteria
K?KA U u }] not having to do with their qualification,
S"M M KS[< except in cases of preference specifically
provided for in this Proclamation;
3/ T<U <X@ T>cu
Se` u L 3/ transparency and fairness of the criteria on the
T>c< <X@ < KT>SK basis of which decisions are given in public
< G<K< M E [\ procurement as well as of decisions in each
2X] procurement;
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6. KU k
6. International Obligations
7. c Qu< =<p
=<p eKT[ 7. Public Accessibility of Legal Texts
/ } w S L<
S`Ua T>p T> b) setup a procurement endorsing committee
slTM' <ewew KJ< which approves procurements of higher
>? UT> T> K=slU value; it may also setup ad hoc evaluation
LM committee for complex procurement;
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N/ u G uw[ e}` Y^ L
c) ensure that staff and officials assigned in the
T>S U }Su< c^}
=G<U Z m T> vL procurement and property administration and
those assigned as members of the
I U SS]<
procurement endorsing committee receive
Z T<M Su [ c
training to enable them acquire knowledge of
K?KA }u= p
the content and application of this
nkU =<l T[ T>-
eM eM T< S- Proclamation, the directives to be issued in
accordance with this Proclamation, the
e Z G %
procurement and property administration
KSU um IKA L< SJ<
manuals, the standard bidding documents and
[M
other relevant forms;
S/ Se up L }S
c[} u=I }SK~ d) ensure that the procurement of the public
S`J uk SJ< body is preplanned and complies with
[M procurement principles enshrined in this
Proclamation;
W/ e^ M m
T> K?KA SU e) ensure that the procurement department, the
L }c< L }v^ procurement endorsing committee and other
< u}u=< ST S sections of the public body involved in
< [M procurement discharge their duties properly;
G/ Se u}TEL S<
a) execute public procurement in a perfectly
eUv` IKA TM
ethical and skillful manner;
K/ I U SS]- b) carry out public procurement in accordance
< T<M Su with this Proclamation, the procurement
[ c U p directives, the procurement manual , the
<K< SW[ uT[ standard bid documents, the forms and the
SY TM& procurement contract;
/ SY <?T
KT[ uT>eK< L c) advise the head of the public office on
SY SY] u?~ uL methods of achieving effective procurement.
GL T^M
CHAPTER TWO
U^ G<K THE PUBLIC PROCUREMENT AND PROPERTY
SY w[ e}` ?c
?c==
ADMINISTRATION AGENCY
5/ 2! !B Z5 A4 5/ endeavor to harmonize the system of public
MI( eCf/ AP AM AT= procurement and property administration with the
bb2 EcX [ T[ internationally recognized standards.
04/ I u SW[ T>< 14/ administer and enforce compliance with all the
x SS] =G<U uT>>e provisions of this Proclamation, regulations and
\ }c< K? }va uM directives to be issued in accordance with this
Y^ L SL< T[ Proclamation and other functions given to it by the
Minister;
05/ SY SY] u? T>k`w
K S[ SW[ uT[ 15/ submit quarterly and annually report to the
SY w[ e}` Minister regarding the overall functioning of
Y` uT>v T>W^ eKSJ< the public procurement and property
KT>>e\ % G S ] administration system based on information
` Tp[w' T>>e\ uT>k< provided to it by public bodies and provide
`` SW[ u S such data as the Minister may request
Y SY] u? eK}< regarding the nature and volume of public
S =G<U w[ procurement handled by each entity; as well
e}` < M S[ as on matters of property administration;
Se
07/ vw vL< B/@E KLE 17/ cause any supplier barred by the decision of
mNGST xT bKLl# ymNGST competent authorities of a regional
G xf[M Y XNYtF ygd government, from participating on
X tw wYM xQb! bL procurements of such region, not to
mNGST m b@C G XNY participate in procurements of federal public
tF DrG bodies;
?c=< Y^< uT><u >? In the exercise of its functions, the Agency shall
T>}K< YM [M:- have the power to:
1/ T<U Se SY] u?
U p^u= Q T>< < 1/ require any information, documents, records
eKSS<' uM eLKT and reports in respect of any aspect of the
<' < W^` uM eLK public procurement process where a breach,
SS< U eKSSd\ qT wrongdoing, mismanagement or collusions
k[u J < U ` has been alleged, reported or proven against
}< S[' c Sx
any public body;
]` =k`u<K T
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\M::
08. < _}` YM }v` 18. Powers and Duties of the Director General
!1. H>dw Sw
!1.
1/ The Agency shall keep complete and
accurate books of accounts.
1/ ?c=< }TEL K J<
H>dw Sw M:: 2/ The books of accounts and other financial
documents of the Agency shall be audited
2/ ?c=< H>dw Sw K?KA annually by the Auditor General or by an
w c u< *=}` auditor designated by him.
U u< *=}` uT>cU
*=}` uS~ S[S^K<::
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q N 21 .M Federal Negarit Gazeta No. 60 9st September, 2009 . page 4872
CHAPTER THREE
U^ Ze BASIC PUBLIC PROCUREMENT
SW[
SW[ @
@ PROCEDURES
!3. c
!3. 23. Records of Procurement
!4. M
!4. M KT[
24. Non-discrimination
u=I k !5 }<
}uk J u?' u` U Without prejudice to the provisions of Article 25
S] Se` ` vM}< of this Proclamation, candidates shall not be
K?KA U uSY discriminated against in the proceeding of public
procurement on the basis of nationality, race or
K=[ MU:: any other criterion not having to do with their
qualifications.
!5. M e}
!5.
25. Preference
1/ uT>>e\ uT>< SS] uT>
c< SW[ u[ UT p 1/ A preference margin which shall be
u= K}S[~ n' u= determined by a directive to be issued by the
<v KT>< v Minister for goods produced in Ethiopia, for
` Y^ Ilm
nI
works carried out by Ethiopian nationals and
9= KEN<] P% A !" for consultancy services rendered by
F`9= M e} [LM Ethiopian nationals be granted in the
evaluation process.
!7. oo
!7. 27. Language
1/
1) Except where a procurement proceeding
1
involves international bidders, for national
% %
bids in which only local bidders participate,
1 G the bid document shall be prepared and the
bid process shall be conducted in the
1 Z Amharic language. However, if it is found to
1 facilitate the procurement process, the public
% body concerned may authorize the use of
English language in the preparation of bid
1 G documents and bid proposals in a national bid
1 in which only local bidders participate,
i provided that such an act is not prejudicial to
fair competition.
!8. }]
!8. }] wn 28. Qualification of Candidates
c/ v H>dw K<
5/ SY SY] u?~ wn
L< SJ< KTe[ Gc} 5/ The public body shall disqualify a candidate
S[ < c k[u< who submits a document containing false
}] U wn< information for purposes of qualification; it
KT[ k[u< S[ SW[ shall disqualify a candidate if it finds at any
eI} Ku U M}TEL SJ< time that the information submitted
uT<U >? }[ concerning the qualifications of the candidate
}] [ < =J< was materially inaccurate or materially
incomplete.
!9. )%,% CD 2!>
!9.
29. Technical Specification
1/ eK< U K }TEL
1/ Technical specifications and descriptions
SK =` =G<U
laying down the characteristics of the goods,
] G M uJ
W^` S` T>K<u G<@ works or services to be procured shall be
KTS T> "L prepared for the purpose of providing a
T><< n' v correct and complete description of the object
Y^ U MKA vI` of procurement and for the purpose of
T>d > SK creating conditions of fair and open
T Kv<:: competition between all candidates.
['
". [ ' S] Gdw
30. Rejection of Bids, Proposals and Quotations
Tp[u= <p
<p eKT[
4// SY SY] u?
4) The procuring entity shall incur no liability
u<e k /1/ u}SK}< SW[
[' S] Gdw' towards candidates solely by virtue of its
Tp[u= <p uT[< U invoking sub-article (1) of this Article.
UU }m `v<U::
"1 ?K?a>e
"1. 31. Electronic Procurement
2/ ?c=< uSY SY] u? 2) the Agency shall ensure that public bodies,
p^u= u}q] "KA suppliers and supervising entities develop the
c^\ KS}u` T>eM pU capacity required to implement the system;
S\ [M
3) upon due consideration of the proposed system of
3/ T>>e\ k[u< u?K?}a> effecting procurement by means of electronic
S[ M<< SU exchange of information and where he is satisfied
c^` uSS`S` nL that the overall system and capacity of public
SY SY] u? bodies and suppliers allows the carrying out of
p^u= c^` pU procurement through electronic exchange of
u?K?a>e S[ M<< information, the Minister may authorize the
KSU < wKA c=U implementation of the electronic system in all or
}u=< c^` e` uS` certain public procurement proceedings by
Y`~ u}c< U uG<K<U establishing the appropriate framework for the
Se }T> =J operation of the proposed electronic system.
K=` LM::
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1// 1
G 1) Invitation to bid shall be advertised in at least
one times in a national news paper of general
circulation which is published in the
language the bidding document is prepared.
2/ i
2) Where the public body finds it necessary, it
/1/ may, in addition to the medium mentioned in
% G Z sub article (1) of this Article, advertise the
1 bid on a national radio and television.
V"6/
"6/ [
"6 [ ]
] 36. Invitation to Bid
[ ] T>}K< u}T] u?c=< Apart from containing the following particulars, the
T>< Su [ c SW[ invitation to bid shall be prepared in accordance with
uT[ S Ku:- the standard bidding document to be developed by the
Agency:
K/ # G
b) a brief description of the goods, works or
services to be procured;
N/ 1
c) the means and conditions for obtaining
-ST the bidding documents and the place
G 1 from which they may be obtained;
y
d) the place and deadline for the submission
S/
% %- of bids; and
y G p
G
e) the place and time for opening of bids,
W/ y G
S
along with an announcement that bidders
or their representatives are allowed to
attend at the opening of bids.
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V"7
"7 [
[ c
c 37. Bidding Documents
u}^ S"M T>[< <` u}- The bidding documents shall contain sufficient
TEL' KM} }v SW[ vK< G<@
="H@ KT[ [< c u?c=<
information to enable competition among the
}< Su [ c SW[ bidders to take place on the basis of complete,
uT[ um S[ u SM< } SJ neutral and objective terms. In particular, bidding
Ku:: u}KU c T>}K< K=" documents must include:
vM:-
}/ E>s E
<b/ 22&
iK VM !B9= / (k) the price adjustments that may be made
AVWpP <0 Q 7eN
K=[ during contract implementation and the
T>M 2X] E Q 7e conditions and the manner under which such
N
/ E45! iK E AVW price adjustments can be made to special
p+YY procurements prescribed by the Minister.
V"8/
"8/ [
"8 [ c i 38. Provision of Bidding Documents
V"9
"9 u[
u[ c L eKT>[ Thh 39. Modifications to Bidding Ddocuments
V#. [
[ Teu]
Teu] 40. Bid Security
1/ S[ c uO }
}`Vu ug ?yKA <e 1/ Bids shall be submitted in writing, signed and
J u[ Tem< }SK- in a sealed envelope, to the place and before
}< >? w u u}K< x the deadline stated in the invitation to bid.
u= S[ Ku::
#2. [
#2. [ eKS
eKS 42. Opening of Bids
1/ SY SY] u?~ u[ 1/ At the time stipulated in the bidding
c }SK}< S[ c document for opening of bids, which should
Tp[u= }c< >? w - follow immediately after the deadline for
}kk =<<' S[ c submission of bids, the public body shall
Tp[u= >? w u open all bids received before the deadline.
S[ c S Ku::
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3/ SY SY] u?~ K}g 3) The contract shall not be signed by the public
}^ }g< T>M< body prior to the receipt of the notice by the
Tem< S[c< { unsuccessful bidder and before the period
}SK}< specified in the directive to be issued by the
>? w TK u < <M
S[U KuU:: Minister has lapsed.
4/ SY SY] u?~ <M e}- 4) The procedures that public body has to follow
` uT>SK K=}M T>v< in administering the contract shall be
W^` T>>e\ uT>< SS- prescribed by a directive to be issued by the
] cM:: Minister.
p^u=< u<K< SW[ vKSS< A supplier shall provide the public body with a
uSY SY] u?~ L KT>`c< contract security to make good any damage the
< T""h T><M <M Teu] public body may sustain as a result of default by
K i Se Ku:: the supplier under the contract. The type of
<M Teu] T>pv< procurement for which contract security is
' <M Teu]< required and the type and amount of contract
S T>>e\ uT>< SS] security shall be determined by a directive to be
cM:: issued by the Minister.
$. <e [ WpU
WpU
[ Wp 50. Procedure for Restricted Tendering
2/ <e [< T>"N?< 2) if restricted tendering is used for the reason stated
uk #9(2) U (3) L in Article 49 sub-articles(2) or (3) of this
u}kc< U J [ Paroclamation, the invitation to bid shall as far as
]< e}K [e up^u= possible be sent to limited suppliers chosen from
`` <e }Su< p^u= among those registered in the suppliers list on the
S"M T>- }< SW[ basis of the following consideration:
uT[ TM-
a) any selection shall allow opportunities
G/ S^[< up^u= `` <e for suppliers on the list,
K}Su< N J M
T>e SJ `uM
b) the number of suppliers to whom the
K/ ] T>[L< }] invitation to bid is sent shall be such that
w <?T <` =`
KT[ T>eM SJ< S[
it is sufficient to ensure effective
Ku c=J' e}K [e } competition and shall not as far as
] l` 5 Te KuU possible be less than five compitators.
U^ ee CHAPTER SIX
p^u= T>U DIRECT PROCUREMENT
$1. p^u= KS
$1. KSU STEL 51. Conditions for use of Direct Procurement
Kv< G<@
G<@
/ Z %
d) within limits defined in the procurement
G - directives, for new works consisting of
- the repetition of similar works which
Z G1 1 conform to a basic project of which an
y initial contract has been awarded on the
basis of open or restricted bidding;
e) within limits defined in the procurement
/ Z % directives, for continuation of consultant
services, where the original contract has
been satisfactorily performed and the
1 ST G G continuation is likely to lead to gains in
G economy and efficiency;
G -
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T>N< U
$2. p^u= T>N<
$2.
52. Procedure for Direct Procurement
1/ i
$1 /1/ 1 1) When the public body engages in direct
Z procurement according to Article 51(1) of
Z this Proclamation, it shall prepare a
G # description of its needs and any special
% requirements as to quality, quantity, terms
G ST % and time of delivery, and shall be free to
G negotiate on price and conditions of offer
with the sole candidate. Without prejudice
$1 /3/ 1 to the provisions of sub-article (3) of
Article 51 of this Proclamation, any
Z 1 agreement reached to conduct the
S procurement shall be confirmed by a
contract signed by both parties.
gA 48)(2 L UT Uz q_R % 4 q
q N 21 .M Federal Negarit Gazeta No. 60 9st September, 2009 . page 4892
U^ cv CHAPTER SEVEN
uS] Ndw Sm T>U REQUEST FOR PROPOSALS
U^ eU
u Tp[u= T>U CHAPTER EIGHT
REQUEST FOR QUOTATION
$5. u Tp[u= KT>U STEL 55. Conditions for use of Request for Quotations
Kv< G<@
G<@
Public bodies may engage in procurement by
i means of request for quotations for the purchase
Z Z { of readily available goods or for procurement of
Z 1 % works or services for which there is an
G % established market, so long as the estimated value
# of the contract does not exceed an amount stated
in the procurement directive to be issued by the
1 Minister.
2/ Q 705v
KT>U A@ A( 2) In cases where procurements are made using
!B T^ p^u= e"K< [e request for quotation, as long as other
4E <3] A0`v9= w suppliers, who can supply the same goods,
uSu T` MU:: services or works are available, the public
uSJ<U SY SY] u?~ body shall not repeatedly invite the same
e}K [e
37s suppliers to submit their quotations. The
$"= E; <&9= 2bb public body shall ensure that equal
S` E@ 23OH 75 opportunity of participation in public
A YY procurement is given to all candidates
engaged in the business.
3/ Z
3) The request shall contain a clear statement of
# the requirements of the public body as to
quality, quantity, terms and time of delivery
% # of the goods, works, consultancy or other
G S services as well as other special
i requirements.
U^ CHAPTER NINE
uG<K [ [
[ T>U TWO - STAGE BIDDING
$7. uG<K [
$7. [ [
[ KSU STE 57. Conditions for use of Two-Stage Bidding
L Kv<
Kv< G<@
G<@
i S
Public bodies may engage in procurement by
Z means of two-stage bidding:
ST % 1-
1/ #G 1) when it is not feasible for the public body to
i formulate detailed specifications for the
goods or works and in the case of services, to
identify their characteristics and, in order to
G obtain the most satisfactory solution to its
i Z procurement needs;
2) when the public body seeks to enter into a
2/ !B/ Ee4/ contract for the purpose of research,
# 7P5 <(P experiment, study or development, except
PP E 7 <9= 2e where the contract includes the production of
Ee X @5 2!F 2F&
GH goods in quantities sufficient to establish
PP +N` E 7 their commercial viability or to recover
F`9= 7N< E
= / research and development costs;
2VpP hV !
gA 48)(5 L UT Uz q_R % 4 q
q N 21 .M Federal Negarit Gazeta No. 60 9st September, 2009 . page 4895
1/ G1 S
1) The solicitation documents shall call upon
suppliers to submit, in the first stage of the
two-stage bidding proceedings, initial tenders
9% containing their proposals without a tender
1 price. The solicitation documents may solicit
{ 1 proposal relating to the technical, quality or
# other characteristics of the goods, works or
services as well as to contractual terms and
S y #G conditions of supply, and where relevant the
ST professional and technical competence and
%1 qualifications of the suppliers.
G {
7/
i 7) The public body may engage in negotiation
with the first ranking bidder concerning any
aspect of its bid, except price.
U^ Y`
KU k /@@ EVpP CHAPTER TEN
INTERNATIONAL COMPETITIVE BIDDING
$9. KU k
$9.
59. Open International Bidding
1/
1) Open international bidding shall be used
S whenever in national open bidding an
1 effective competition cannot be obtained
1 unless foreign firms are invited to bid or for
Z { procurements above a threshold level for
% national bidding to be determined by a
1 directive to be issued by the Minister
2/ /1/ - 2) A procurement may be effected by means of
Z { national competitive bidding notwithstanding that
% the cost of the procurement exceeds the threshold
established in the directive for national bidding if
% Z it is ascertained that the required object of
procurement is available only locally.
gA 48)(7 L UT Uz q_R % 4 q
q N 21 .M Federal Negarit Gazeta No. 60 9st September, 2009 . page 4897
U^ e^ CHAPTER ELEVEN
M
SPECIAL PROCUREMENT
%. }
} 60. Large Value Procurement
%1 Tk eUU U
%1.
61. Procedure of Framework Contract
1/ SY SY] u? LL< }Sdd
L U SY 1) Framework contracts may be used to fulfill
SY] u? u}c >? <e similar procurement requirements of various
u}T> KT>[< L public bodies or recurrent procurement
uTk eUU SU LM requirements of a public body.
62. General
%2. nL
E>es E
<b/ 22&
235 The head of each public body shall ensure that
E
i property at the disposal of the public body is
% A!Iy 2
A properly handled, used and where necessary,
E 2OMP AVCR Xd hP disposed off in accordance with the directive to be
7<@ !I 2N<] 75 issued by the Minister.
A YY
%4.
%4. nkU 64. Use and Maintenance
2/ i
{ - 2) Heads of public bodies shall establish a
%< G proper maintenance system for all public
1 property to ensure that it will operate as
economically and effectively as possible in
G G %i
accordance with the directive to be issued by
the Minister.
%5. Se w[ e}`
65. Management of Public Property
1/ i 1) The heads of public bodies shall adopt a life-
% time approach to the management of public
property.
7/ E,s E
<b/ AA 22&
7) Depreciation shall be calculated on fixed
235 EVpP Xd u2! oE assets in accordance with the directive to be
Z5 C( E 0. (3C YY issued by the Minister.
%9. Te}LK
%9. 69. Transfer
U^ e^ e
CHAPTER THIRTEEN
uSY G %
ESTABLISHMENT OF THE BOARD REVIEWING
L T>k`w u?~
u?~ T>^ COMPLAINTS ON PUBLIC PROCUREMENT AND
x` eKTssU PROPERTY ADMINISTRATION
&. eKx` SssU
70. Establishment of the Board
1/ uSe U E Z5
1) A body (hereinafter referred to as the
A<@ L T>k`u< u?~
` <d@ T>c u?~ ] x` "Board") is hereby established which reviews
(=I u%EL #x`$ #}vK T>^) and decides on complaints lodged in regard
u=I }slTEM:: to public procurement and property disposal
proceedings.
2/ x` }]~ KT>>e\ JM
2) The Board shall be accountable to the
Minister.
&1. x` vL E `
2
&1.
71. Board Members and Terms of Service
1/ x` vL TQu[cw vw
"L< SY SY] u? EcP 1) The Board shall be drawn from persons
N2! 7 @T= <- representing the private business sector, the
b JK< relevant public bodies and public enterprises.
3/ T>>e\ x` vL cTM:: Kx` 3) The Minister shall appoint the members of the
AIC ENV/ A 2O E Board. He shall determine the amount of
allowance to be paid to the members of the
AVWpP (< YY
Board and the mode of payment.
4/ x` vL Y^ S Ze S
JM:: JU }c< NL 4) The term of service of members of the Board
A!Iy
<b vM u7/P shall be three years. However, any member
of the Board failing to properly discharge his
RS Y^ S< Skp u uK?L
vM K=}" LM:: duty maybe replaced at any time before his
term of service expires.
&2.. x` YM }v`
&2.
72. Powers and Duties of the Board
1/ T>>e\ x` e^< T><u
Y` x` T>[< eM # 1) The Minister shall issue and implement a
L `` SS] T>}K< directive setting for the procedure the Board
nL G<@ uuk SM< has to follow in the exercise of its powers and
e^ L <LM- duties; such directive shall adhere to the
following general rules:
gA 49)3 L UT Uz q_R % 4 q
q N 21 .M Federal Negarit Gazeta No. 60 9st September, 2009 . page 4903
G/ x` }] U
p^u= T>k`u< u?~9 a) the Board shall review and decide on
S`Ua <d@ cM complaints from candidates or suppliers;
K/ "
9% b) the rejection of bids, proposals or
quotations pursuant to Article 30 of this
Proclamation;
[/ 2! 2F&
GH Z5H
7<@ 25O/ 7<6
| c) the selection of method of property
disposal;
2/ 2! Z5 A
A E AOMP
C( d) the handling and usage of public
property.
1/ i G1
G 1) A complaint against an act or omission by
% i the public body shall in the first instance,
% i be submitted to the head of the public
G body.
gA 49)5 L UT Uz q_R % 4 q
q N 21 .M Federal Negarit Gazeta No. 60 9st September, 2009 . page 4905
4/ #h/ M5 AGHK v/ 4) The Agency shall review and give decision
222 AGHK/ M5 05 on the complaint within 15 working days of
` M RS / /i (3b YY receipt of such complaint.
&7.. p
&7. 77. Offences and Punishment
G/ T -
1 a) to influence the decision or action of that
% person on any question or matter that is
T - pending, or may be brought before him
in his official capacity; or
gA 49)9 L UT Uz q_R % 4 q
q N 21 .M Federal Negarit Gazeta No. 60 9st September, 2009 . page 4909
&9.. }h\
&9. }h\ }T> TJ< QA 79. Repealed and Non-Applicable Laws
GR wLdgRgS
wLdgRgS GIRMA WOLDEGIORGIS