1. Increase of Procurement Thresholds for Sub-National committees, National Procurement Commission, and National Executive Council. (ss. 12 and 26)

The proposed changes are as follows:

a. Minor Procurement – Under K50, 000.00 (unchanged)
b. Public/Statutory Bodies Head Approval up to K1million (unchanged)
c. Special Procurement Committees – K5million (unchanged)
d. District Procurement Committees – from K5million to K10million
e. Provincial Procurement Committees – from K10million to K20million
f. National Procurement Commission Board – K10million changed to K50million.
g. National Executive Council – Above K50million

2. Provide for Allowance for Electronic Procurement System (New S. 9A)

This new provision provides for the creation of an electronic procurement system (EPS). Whilst this system is yet to be developed and fully operationalised, the statutory provision would allow for the validity of procurements conducted through that system and for further operational details to be provided for in the Procurement Instructions and/or Regulations.

3. Make NPC CEO a full member of the NPC Board, but without voting powers (s. 13(1)(f))

Whereas currently the CEO is not a permanent member of the NPC Board and attends only if required to do so, the amendments would make the CEO a permanent board member. However, the CEO will not have voting powers.

4. Creation of Interim Board and Staggered appointments of Independent Board members (s 13, new 13A)

Currently, non-ex officio members of the NPC Board are appointed under s. 13(1)(d) – professional experts representing engineering, business/accounting, and civil society – and 13(1)(e) – an Independent Person appointed by the NEC. This is to ensure Board continues to operate when the term of non-ex officio members expire.

5. Creation of Mandatory Reporting Obligation and Period by Sub-National and Special procurement Committees (ss. 28C, 28J, and 28P)

The proposed amendments would make it mandatory for District and Provincial and Special Procurement Committees to report to the NPC within 60 days of each financial year. Failure to do so could result in the committee in question being suspended by the NPC Board, and the Board taking over.

6. Removing Appointment Responsibility from Minister and placing on NPC Board Chair (ss. 28E and 28L)

Whereas currently the Minister is responsible for appointing the chairs of sub-national committees, the amendment proposes that the appointment be made by the Chair of the NPC Board.

7. Provide for Establishment of Special Procurement Committees for Special Projects only (s. 28O)

Currently form erroneously establishes Special Committees by operation of law, which is not the intended policy nor the effective practice. Special Committees are not created permanently, but are made from time to time upon certification by the Authority to Pre-Commit Committee (APC).

8. Provide for Oversight and Audit Responsibility of the Commission (new s. 42A)

This new provision provides for direct oversight and audit powers by the NPC over the subnational procurement committees and special committees.

9. Commission Secretary changed to Board Secretary (s. 19)

Its is recommended that the title of the position of “Commission Secretary” be changed to “Board Secretary” to reflect that role more accurately.

10. Fees to Be Determined by the Commission Board (s. 68)

It is recommended that the Act reinstate this provision which was repealed in the NPA Amendments of 2020. This provision restores the Board’s power to determine fees on bidders.