Skip to main content

Act Creating the Public Procurement and Concessions Commission

This document has been provided by the
International Center for Not-for-Profit Law (ICNL).

ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.

Visit ICNL’s Online Library at
http://www.icnl.org/knowledge/library/index.php
for further resources and research from countries all over the world.

Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
enforcement purposes.
Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include ac curate and up-to-date information herein, ICNL
makes no warranties or representations of any kind as to its a ccuracy, currency or completeness. You agree that access to and u se of this
document and the content thereof is at your own risk. ICNL discl aims all warranties of any kind, express or implied. Neither ICNL nor any
party involved in creating, producing or delivering this document shall be liable for any damages whatsoever arising out of access to, use of
or inability to use this document, or any e rrors or omissions in the content thereof.

THE REPUBLIC OF LIBERIA

AN ACT CREATINGB THE
PUBLIC PROCUREMENT AND CONCESSIONS COMMISSION

APPROVED: SEPTEMBER 8 2005

PUBLISHED BY AUTHORITY

MINISTRY OF FOREIGN AFFAIRS
Monrovia, Liberia

September 21, 2005

Public Procurement and Concessions Act
2
ARRANGEMENT OF SECTIONS

Sections

PART I – PRELIMINARY

1. Scope and Application
2. Interpretation

PART II – PROCUREMENT AND CONCESSIONS COMMISSION

3. Establishment of Public Procurement & Concessions Commission
4. Object of the Commission
5. Functions of the Commission
6. Membership and Appointment
7. Tenure of Office
8. Meetings of the Commission and Election of Vice Chairperson
9. Filling of Vacancies
10. Complaints, Appeals and Review Panel
11. Power to Obtain Information
12. Confidentiality and Prohibition of Disclosure of Information
13. Disclosure of Interest
14. Administration of the Commission
15. Executive Director
16. Secretariat and Divisions of the Commission
17. Financing of the Commission
18. Accounts and Audit
19. Fiscal Year
20. Annual Reports and Answerability to the Legislature

PART III – ENTITIES

Sub-Part 1 – Entities Generally

21. Procuring and Concessions Entities
22. Decision of the Entity and Responsibility
23. Declaration of Procuring Entity
24. Use of Private Sector Practices By Entities
25. Non-application of Section 24 to Concession

Public Procurement and Concessions Act
3 Sub–Part 2- Procurement Structures

26. Procurement Committees
27. Functions of the Procurement Committee
28. Meetings of Procurement Committees
29. Procurement Unit
30. Bid Evaluation Panel
31. Time For Entering Into Contracts

PART IV – GENERAL PROVISIONS ON
PROCUREMENT PROCEEDINGS

32. Qualification of Bidders
33. Clarification And Modification Of Bidding And Prequalification
Documents
34. Description Of Goods, Works And Services
35. Deadline For Bids And Other Applications
36. Cancellation Of Proceedings For Rejection Of Bids
37. Public Notice Of Contract Awards
38. Debriefing Of Unsuccessful Bidders
39. Form Of Communications
40. Procurement Planning
41. Contract Administration Responsibility
42. Price Adjustment
43. Records And Reports Of Procurement
44. Debarment of Bidders and Suppliers
45. Margin of Preference

PART V – METHODS OF PROCUREMENT

46. Choice of Procurement
47. Open Competitive Bidding
48. National Competitive Bidding
49. International Competitive Bidding
50. Restricted Bidding
51. Procedures For Restricted Bidding
52. Request For Proposals
53. Request For Quotations
54. Basic Procedures For Request For Quotation
55. Sole-Source
56. Basic Procedures For Sole-Source Procurement
57. Invitation to Bid
58. Bidding Documents

Public Procurement and Concessions Act
4 59. Submission of Bids
60. Bid Security
61. Bid Opening
62. Examination, Evaluation and Comparison of Bids
63. Non-disclosure of Evaluation Details
64. Prohibition of Negotiations
65. Award of Procurement Contract
66. Acceptance of Bid and Signature of Contract
67. Two-Stage Bidding
68. Request for Consultant’s Services
69. Selection Based on Quality and Cost
70. Selection Based on Quality
71. Award of Consultancy Contract
72. Procurement Activity

PART VI – SPECIFIC PROCEDURES FOR PROCESSING
CONCESSION AGREEMENTS

Sub-Part 1 – Definition and Objectives of Concession Agreements

73. Definition
74. Objectives of Concessions

Sub-Part 2 – Scope, Application and Disqualified Private Sector Entities

75. Scope and Application
76. Concessions Entities
77. The Role of the Procurement Unit in Processing Concession
Agreements
78. Engagement of Advisors
79. Preparation of Concession Procurement Plan
80. Concession Structures
81. Composition of the Inter-Ministerial Concessions Committee
82. Functions of the Inter-Ministerial Concessions Committee
83. Meetings of the Inter-Ministerial Concessions Committee
84. Disclosure of Interest
85. Quorum
86. Disqualified Private Sector Persons/Entities

Sub-Part 3 – The Concession Procurement Process Planning

87. Inclusion In Economic Development Plan
88. No Concession Without Certificate

Public Procurement and Concessions Act
5 89. Criteria for the Issue of the Certificate for Concession
90. Presentation of Concession Option To The Public
91. Information At The Stakeholder Forum
92. Records Of The Concession Process
93. Inspection Of The Records
94. Specific Records To Be In Writing
95. Competitive Bidding
96. National Competitive Bidding
97. International Competitive Bidding
98. Domestic Industries To Participate In The International Competitive
Bidding
99. Criteria for the Application of Margin of Preference in Concessions
100. Restricted Competitive Bidding
101. Sole-Source
102. Prior Approval of Commission

Sub-Part 4 – Concession Documents Preparation

103. Performance of Preliminary/Feasibility Studies
104. Concession Bid Documents
105. Scope of Concession Documents
106. Notification of General Notice of Investment Opportunity,
Expression of Interest or Request for Proposals
107. Mode of Publication

Sub-Part 5 – Pre-Bid Meeting, Bid Submission and Opening

108. Pre-Bid Meeting
109. Particulars Of The Pre-Bid Meeting
110. Submission And Opening Of Bids

Sub-Part 6 – Evaluation

111. Evaluation
112. Certainty Of Evaluation Criteria
113. Minimum Contents Of The Evaluation Criteria
114. Prohibited Criteria In Evaluation

Sub Part 7 – Post Evaluation

115. Evaluation Report
116. Due Diligence
117. Form of Contract
118. Negotiations

Public Procurement and Concessions Act
6 119. Issues To Be Considered At The Negotiations
120. Confidentiality Agreement
121. Post-Contract Management
122. Regulations Pertaining to Mining and Petroleum Concessions

PART VII – RULES ON DISPOSAL OF STORES,
PLANT AND EQUIPMENT

123. Authority to Dispose
124. Disposal Procedures

PARTVIII – COMPLAINTS AND REVIEW PROCESS

125. Right to Review
126. Further Review
127. Decision of the Complaints, Appeals and Review Panel
128. Rules Applicable To Review Proceedings
129. Suspension Of Procurement Proceedings

PART IX – GENERAL PROVISIONS

130. Code of Conduct
131. Conduct of Procuring Entities, Public Officials and Their
Representatives
132. Conduct of Bidders and Suppliers
133. Records
134. Guidelines, Regulations, Manuals and Detailed Instructions
135. Modifications
136. Request For Information By The Board
137. Statutory Audits
138. Offences Relating To Procurement
139. Review Of Threshold Levels
140. Public Access
141. Repeals and Amendments
142. Transitional Provisions and Previous Acts
143. Unfinished Business
144. Coming Into Force

Public Procurement and Concessions Act
7

SCHEDULE
A
BILL
ENTITLED
THE PUBLIC PROCUREMENT AND CONCESSIONS ACT,
2005

IT IS ENACTED by the National Transitional Legislative Assembly of the
Republic of Liberia in Legislature Assembled as follows:

PART I – PRELIMINARY
OBJECTIVES OF THE LAW

THIS ACT regulates all forms of public procurement and concessions,
establishes the Public Procurement and Concessions Commission, provides
for institutional structures for public procurement and concessions, stipulates
methods and procedures for public procurement and concessions and for
purposes related thereto.
This Act is intended to:

(a) Maximize economy and efficiency in procurement, and obtain best
value for public expenditures;

(b) Promote economic development of Liberia;

(c) Build capacity of officials and institutions in public procurement;

(d) Promote competition and foster participation in procurement
proceedings and concession agreements by qualified suppliers,
contractors and consultants;

(e) Provide equal access without discrimination to all eligible and
qualified providers of goods, works and services and fair and
equitable treatment of all bidders;

Public Procurement and Concessions Act
8 (f) Promote integrity, fairness, accountability and public confidence in the
procurement process;

(g) Achieve transparency in the procedures, processes and decisions
relating to procurement and concession agreements;

(h) Decentralize public procurement to procuring entities;
(i) Promote the growth of indigenous Liberian Private sector;

(j) Harness private sector financial, human and technical resources
through concession agreements; and

(k) Eradicate monopolies and promote competitiveness in the concession
procurement process.
Scope and Application

1. (1) This Act shall apply to the procurement of goods, works and
services, financed in whole or in part from public funds including the
disposal of government stores, plant and equipment and all concessions as
defined under this Act.

(2) Notwithstanding the generality of sub-section (1) of this section,
the Act shall apply to:

(a) All executive agencies including Government ministries,
commissions, bureaus, departments and agencies;
(b) The Judiciary and the Legislature;
(c) Subsidized – agencies;
(d) Independent bodies and commissions set up by the State;
(e) All public enterprises which are wholly owned by the
State or in which the State has majority interest;
(f) Counties, districts and local authorities;
(g) Public universities, public schools, colleges and hospitals;
(h) Financial institutions, public trusts, pension funds,
insurance companies, building societies and similar
institutions which are wholly owned by the State or in
which the State has majority interest;
(i) National security institutions subject to the provisions of
sub-sections 3 (c), 5 and 6 of this Section;
(j) Any private sector entity vested with the responsibility
for the execution of activities using public funds;
(k) Concession Entities as defined under Part VI of this Act;

Public Procurement and Concessions Act
9

Non-application
(3) This Act shall however not apply to:

(a) International agreements concluded between the
Government of Liberia and other countries or
international organizations for general or specific projects
where these agreements provide for specified
procurement rules and procedures.

(b) Agreements executed by the Central Bank of Liberia
relating to the implementation of monetary policy or
procurement related to the production of coins or
currency.

(c) Procurement of military or national security equipment
subject to sub-section 5 of this Section.

Conditions Applicable To Exemptions
(4) The government agency responsible for the execution of the
agreements stated in sub-section 3 (a) and (b) of this section on behalf of the
Republic of Liberia shall inform the head of the relevant entity of the
provisions of such agreements.

(5) The following rules shall apply to sub-section 3(c):

(a) Where the Minister responsible for Defense, or the head
of any national security agency with the prior approval
of Cabinet or the entity charged with the oversight
responsibility for defense or national security, determines
that any procurement related to national defense or
national security requires the application of special
procedures, the procedures set out in this Act may be
modified by the Commission for the specific purpose, but
the modification shall be governed strictly by
considerations relating to defense or security.

(b) For the purpose of subsection 3(c), procurement of items
such as general stores, uniforms, stationery, office
equipment and ordinary vehicles for the military or
security agencies shall not be classified as related to
national defense or national security procurement.

Public Procurement and Concessions Act
10 (c) The Commission may, in consultation with Cabinet or
the entity charged with the responsibility for defense or
national security, make further procedures relating to
military and national security procurement.
Interpretation

2. Except as otherwise stated under this Act, the following words shall
have the meaning ascribed to them in this section:

(1) “Bidder” means a supplier of goods, services or works; or the
applicant for the acquisition of government stores, plant or equipment being
disposed of or an applicant submitting a bid for a concession.

(2) “Bid Security” means the security provided by a bidder to
secure the obligation of the bidder participating in a bidding process,
including the obligation to sign the procurement contract in accordance with
the requirement of the bid.

(3) “Certification for Concessions” means a certification by the
Minister responsible for Economic Planning that a project is qualified to be a
subject of a concession procurement process.

(4) “Close Relative” means such close relatives as a parent, spouse,
child, brother, sister, in-law, grandchild and grandparent.

(5) “Collusive Practice” means a scheme or arrangement between
two or more bidders with or without the knowledge of the Procuring Entity,
designed to establish prices at artificial non-competitive levels whether or not
such collusive practice results in a contract.

(6) “Commission” means the Public Procurement and Concessions
Commission established under this Act.

(7) “Concession Information Memorandum” means the
information that is provided in the Concession Bid Documents about a
government asset to be concessioned.

(8) “Corporate Manner” means the observance of rules and
procedures statutory or otherwise governing decision making in a
Procurement Entity.

(9) “Corrupt Practice” means the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value to influence the action of
a public officer in the selection process or in contract execution.

Public Procurement and Concessions Act
11
(10) “Day” means working days excluding Saturday, Sundays and
public holidays.

(11) “Domestic Business” means a private sector entity or firm
incorporated under the laws of the Republic of Liberia and operating in
Liberia.

(12) “Entity” means either a Concession Entity or Procuring Entity
or both of them.

(13) “Fraudulent Practice” means a misrepresentation or omission
of facts in order to influence a procurement process or the execution of a
contract including collusive practices.

(14) “Goods” means tangible items in any form including raw
materials, products, equipment and objects in solid, liquid or gaseous form,
as well as services incidental to the supply of the goods where the value of
those incidental services are insignificant in relation to the value of the goods.

(15) “Liberian Business” means a firm that has 51% or more
ownership by Liberian citizens.

(16) “Margin of Preference” means the margin given to bidder on
the basis of Section 45 or Section 99 of this Act.

(17) “Minister” means the Minister in charge of a Ministry.

(18) “Performance Security” means a financial instrument
submitted by a bidder to secure the bidder’s obligations under a procurement
or concessions contract including but not limited to a bank guarantee,
insurance bond and financial deposit.

(19) “Procuring Entity” means an entity carrying out procurement
of goods, works, services or disposal of stores, plant and equipment using
public funds and/or assets under this Act.

(20) “Public Funds” means funds of the Republic of Liberia and
other public funds as may be designated by the Legislature whether the
source of such funds is from taxes, grants, gifts, loans or other sources.

(21) “Public Interest” means the interest that will inure to the
people of Liberia.

Public Procurement and Concessions Act
12 (22) “Public Officer” means any person who is considered a public
officer under the civil and public service law of the Republic of Liberia.

(23) “Services” means services which are of an intellectual, technical
or advisory nature and include consultancy services;

(24) “Subsidized Agency” means an agency established by
Government to provide public service but which may generate its own funds
in addition to funds from public funds;

(25) “Technical Services” means services which are tendered and
contracted on the basis of performance of a measurable physical output such
as drilling, mapping, aerial photography, surveys, seismic investigations,
maintenance and/or construction of facilities or plant and similar operations;

(26) “Works” means work associated with the construction,
reconstruction, demolition, repair or renovation of a building or structure or
surface and includes site preparation, excavation, assembling, installation of
plant, fixing of equipment and laying out of materials, decoration and
finishing, and any incidental activity under a works contract.

PART II – PUBLIC PROCUREMENT AND CONCESSIONS
COMMISSION
Establishment of the Public Procurement & Concessions Commission

3. (1) There is hereby established by this Act a body to be known as
the Public Procurement and Concessions Commission, referred to in this Act
as “the Commission”.

(2) The Commission shall have the oversight responsibility for all
public procurement and concessions in accordance with this Act.

(3) The Commission shall have a distinct corporate identity with
perpetual succession and a common seal and may sue and be sued in its
corporate name.

(4) The Commission may acquire, hold, manage or dispose of any
movable or immovable property in connection with the discharge of its
functions and may enter into contracts and transactions that are directly or
reasonably related to its functions.

Public Procurement and Concessions Act
13
Objects of the Commission

4. The object of the Commission is to ensure the economic and efficient
use of public funds in public procurement and to ensure that public
procurement and concession processes are conducted in a fair, transparent
and non-discriminatory manner.

Functions of the Commission

5. In furtherance of its objects the Commission shall perform the
following functions:

(a) Monitor compliance with this Act by all parties and persons to
whom the Act applies;
(b) Disseminate information related to this Act and information
related thereto;
(c) Develop rules, instructions, regulations and related
documentation on public procurement and concessions,
including formats in furtherance of the Act;
(d) Formulate, promote, support and implement human resource
development programs in furtherance of the aims of this Act;
(e) Review procurement and concessions documents and/or
inspect records as and when necessary to prevent corruption of
the process or any intended process;
(f) Formulate policy and prepare standards for procurement and
concessions, including forms of contract;
(g) Assess the operations of the public procurement and concession
processes and make improvements as and when necessary;
(h) Present an annual report to the Legislature on the public
procurement and concessions;
(i) Hold an annual procurement forum on the status of its work in
relation to this Act;
(j) Publish a quarterly Public Procurement and Concessions
Bulletin which shall include as applicable, procurement notices
above a specified threshold, notices on concessions, notices of
invitation to bid and contract award information above a
specified threshold and a list of complaints received and the
outcome of the procurement or concession dispute resolution
process;
(k) Advise Government on issues related to this Act;
(l) Investigate and debar business entities and bidders who have
seriously neglected their obligations under a public
procurement or concessions contract or done anything in

Public Procurement and Concessions Act
14 contravention of this Act from participating in public
procurement in accordance with this Act;
(m) Maintain a list of suppliers, contractors, consultants and
prospective bidders who have been debarred from public
procurement and communicate the list to procurement entities
on a regular basis;
(n) Conduct independent reviews of complaints and appeals
related to the procurement and concessions process and make
decisions thereon.
(o) Perform such other functions as are incidental to the attainment
of the objects of this Act.
Membership and Appointment

6. (1) The Commission shall comprise seven (7) persons who shall be
nominated by the President in accordance with subsections (2) and (3) of this
section and shall be vetted and approved by the House of Senate.

(2) The President shall not later than ninety (90) days after the
coming into force of this Act nominate seven (7) persons to constitute the
Commission as follows:

(a) A chairperson who shall be knowledgeable about public
procurement and concessions and who shall not be in the
public service and have no conflict of interest with the
activities of the Commission;

(b) Three (3) persons nominated from the public sector as
follows:
i. a lawyer from the office of the Attorney General
other than the Attorney General, who shall be
nominated on the advise of the Attorney General;
ii. two (2) persons, at least one of whom shall be a
woman and each of whom shall have experience
in public procurement and/or concessions and/or
be familiar with governmental and multi-lateral
agency procurement procedures;

(c) Three (3) persons nominated from the private sector who
have experience in procurement and/or concessions.

(3) In furtherance of subsection 2(c) of this section, the President
shall, ensure that the nominations from the private sector includes at least
two (2) nominees representing the interest of associations, including but not

Public Procurement and Concessions Act
15 limited to technical services associations, whose members frequently deal
with procurement and/or concessions and the business community.

(4) The President shall ensure that in making the nomination of the
seven (7) persons to the Commission or in the filling of any vacancy under
Section 11 of this Act, the experience of the nominees shall as much as
possible be evenly spread over the scope covered by this Act.

Tenure of Office

7. (1) A member of the Commission shall hold office for a term of four
(4) years and shall be eligible for re-appointment for only one other term of
four (4) years whether or not the second term is successive.

(2) A member shall cease to be a member of the Commission or
may be removed from office only with the prior approval of the House of
Senate on any of the following grounds:

(a) The person’s inability to perform the functions of office,
by reason of infirmity of mind or body;
(b) Proven misconduct;
(c) The person is convicted of an offence involving fraud or
dishonesty;
(d) The person is absent from seven (7) consecutive meetings
without any valid reason as determined by the
Commission provided that at least three (3) of the
meetings are monthly meetings required under Section 8
(3) of this Act;

(3) Other than as set out in subsection (2) of this section, a person
may also cease to be a member of the Commission if the person resigns from
office by written notice to the President with a copy to the House of Senate.

Meetings of the Commission and Election of Vice Chairperson

8. (1) The Chairperson shall ensure that not later than thirty (30) days
after the members have been approved by the House of Senate, the
Commission shall have its first meeting for the dispatch of its business.

(2) At its first meeting the Commission shall nominate one of its
members, other than the Chairperson, as a Vice Chairperson.

(3) The Commission shall meet for the dispatch of business at such
times and at a regular place fixed by the Commission for its meetings and
shall meet at least once every month.

Public Procurement and Concessions Act
16
(4) In the event that the Commission is unable to meet at its regular
meeting place the Chairperson shall fix an alternative meeting place provided
members receive the notice of the new venue at least three (3) clear days in
advance of the meeting.

(5) The Chairperson shall preside at meetings of the Commission
and in the absence of the Chairperson, the Vice-Chairperson shall preside and
in the absence of both, the members shall elect one of their numbers to
preside.

(6) The quorum for a meeting of the Commission shall be five (5)
and the Executive Director, who is the non-member Secretary to the
Commission, shall not be counted for the purposes of determining a quorum.

(7) Each member shall have one vote but in case of an equality of
votes, the Chairperson whether substantive or in acting capacity shall have a
casting vote.

(8) The Commission may co-opt any person to act as advisor at a
meeting of the Commission, except that a co-opted person shall not have the
right to vote on any matter being considered by the Commission.

(9) The validity of the proceedings of the Commission shall not be
affected by a vacancy among its members or by a defect in the appointment
or qualification of a member.

(10) Except as otherwise expressly provided, the Commission shall
determine the procedure for its meetings.

Filling of Vacancies

9. (1) Where the Chairperson or a member of the Commission ceases
to be a member the following actions shall be taken within thirty (30) days of
the person ceasing to be Chairperson or member:

(a) The members of the Commission shall, in the case of the
Chairperson, elect one of their members to act as
Chairperson until such time as the Chairperson resumes
his/her office or another person is nominated by the
President and approved by the House of Senate as the
Chairperson.

Public Procurement and Concessions Act
17
(b) In the case of a Vice Chairperson, the members shall
within thirty (30) days of the occurrence of the vacancy
elect one of their members to fill the vacancy.

(c) In all other cases of vacancy the Chairperson shall, within
thirty (30) days of the occurrence of the vacancy report to
the President to nominate a new person to fill the
vacancy.

(2) The President shall, within sixty (60) days of receiving a request
to fill a vacancy or the vacancy coming to the notice of the President,
nominate a new person for the approval of the House of Senate to fill the
vacancy.

(3) A person nominated and approved to fill a vacancy, shall
subject to Section 7 of this Act, hold office for the term of four (4) years and
shall not be considered as continuing the unfinished term of the member who
has ceased to be a member of the Commission.

Complaints, Appeals and Review Panel

10. (1) Not later than one hundred and twenty (120) days after the
Commission is constituted, the Commission shall constitute a Complaints,
Appeals and Review Panel with the sole purpose of reviewing complaints
and appeals to the Commission made pursuant to the provisions of Part VIII
of this Act.

(2) The Complaints, Appeals and Review Panel shall consist of
seven (7) persons at least three (3) of whom shall be qualified lawyers and not
more than one (1) of whom shall be a member of the Commission.

(3) The members of the Panel shall elect one of their members other
than the member who is also a member of the Commission, as Chairman of
the Panel.

(4) For the purposes of performing its functions under this Act, not
less than five (5) members of the Panel shall constitute a quorum.
(5) The panel shall be appointed for a term of three (3) years, and a
member may be reappointed to the Panel.

(6) The Complaints, Appeals and Review Panel shall hear and
review complaints in accordance with this Act with particular reference to
Part VIII of this Act.

Public Procurement and Concessions Act
18
(7) Neither the Commission nor any agency of government shall
interfere with the complaints and review functions of the Complaints,
Appeals and Review Panel.

(8) The decision of the Complaints, Appeals and Review Panel shall
be final and shall be forwarded to the Commission and the Procuring Entity
for its information, records and action.

Power to Obtain Information

11. (1) Both the Commission and the Complaints, Appeals and Review
Panel shall have power, in performing their functions under this Act to the
following:

(a) By notice in writing, to require any bidder or party to a
procurement or concession proceedings or contract in the
private or public sector to furnish information in such
form and manner and within such time as may be
specified in the notice, for the purposes of the
Commission ensuring compliance with this Act;

(b) To interview any bidder or party to a procurement or
concessions proceedings or contract and request him/her
to furnish such particulars as the Commission may
require for the performance of the Commission’s
functions;

(2) A notice referred to in subsection (1) shall state that it is served
in exercise of the powers conferred by this section and shall include a general
statement of the purpose for which the information or response is required.

(3) When a requirement to furnish information or particulars under
this Act is made, the response shall be furnished by the party concerned not
later than the time specified in the notice or such extension as the
Commission may grant.

(4) A person who fails to furnish information requested by the
Commission or the Complaints, Appeals and Review Panel made in
accordance with this Act, or who knowingly provides misleading or false
information or materials or willfully obstructs the Commission, the
Complaints, Appeals and Review Panel, any officer, agent or employee of the
Commission in the performance of any of the Commission’s functions under
this Act, commits an offence and shall be liable upon conviction to the
applicable penalty under this Act.

Public Procurement and Concessions Act
19
Confidentiality and Prohibition of Disclosure of Information

12. Any member, official, employee or agent of the Commission or any
person whether in the private or public sector who commits any of the
offences in this section shall be liable upon conviction to the applicable
penalty under Section 11 of this Act.

(a) Disclosure of any data or information obtained under
Section 11 to a person not authorized to receive the
information; or

(b) Use of data or information obtained under Section 11
directly or indirectly for commercial purposes including
the purpose of speculating in any stock, bond or other
security or any goods or services.

Disclosure of Interest

13. (1) A member of the Commission or a person appointed/co-opted
by the Commission who has any interest, direct or indirect, in any matter to
be considered by or on behalf of the Commission shall disclose the nature of
his/her interest to the Commission and such disclosure shall be recorded in
the minutes of the Commission

(2) A member with any interest shall not take part in any
deliberation or decision of the Commission relating to that matter, and a
member who contravenes this section shall be guilty of misconduct and liable
to be removed from the Commission and/or suffer any penalty that may be
applicable under this Act.

Administration of the Commission

14. (1) The Secretariat spelt out under Section 16(1) of this Act shall
provide administrative, secretarial and other support services for the
Commission and the Secretariat shall be headed by the Executive Director
appointed in accordance with Section 15 of this Act.

(2) The functions of the Executive Director shall include but not be
limited to the day-to-day administration of the Commission, implementing
the decisions of the Commission, keeping accurate records of proceedings
and decisions of the Commission and such other functions as the Commission
may direct.

Public Procurement and Concessions Act
20 (3) The Commission may engage staff and such consultants and
advisers as it may require for the proper and efficient discharge of the
functions of the secretariat and its general function under this Act.

(4) The Executive Director may delegate functions of his or her
office to any officer of the Secretariat but shall not be relieved of the ultimate
responsibility for the discharge of the delegated function(s).

(5) Subject to Section 15(4) the Executive Director shall hold office
on such terms and conditions as may be spelt out in the letter of appointment
to his office or may be prescribed by the Commission.

Executive Director

15. (1) The Commission shall appoint an Executive Director in
accordance with this section, who shall be the Chief Executive of the
Secretariat and a non-member secretary to the Commission.

(2) The Executive Director shall be selected on the basis of a
competitive recruitment process in accordance with this Act.

(3) The Commission shall ensure that the Executive Director is
appointed not later than sixty (60) days after the Commission is constituted.

(4) The Executive Director may be appointed for any number of
years that the Commission may determine, pursuant to the results of annual
performance appraisals.

(5) The Executive Director may resign from office by a notice to the
Chairperson of the Commission or may be removed from office for any of the
reasons spelt out under Section 7 (2) (a) (b) (c) or (d) of this Act.

Secretariat and Divisions of the Commission

16. (1) The Commission shall have a Secretariat with such divisions
and units as are necessary to perform the functions of the Commission.

(2) The divisions and units shall be responsible for at least the
following functions:

(a) Compliance and monitoring,
(b) Policy making
(c) Development of procurement standards
(d) Establishment of rules and regulations
(e) Training

Public Procurement and Concessions Act
21 (f) Information dissemination and communication

(3) Divisions of the Commission shall be staffed by the secretariat
appointed by the Executive Director in consultation with the Civil Service
Agency.

(4) The Commission shall constitute sub-committees for the
efficient discharge of its functions.

(5) Each sub-committee of the Commission shall consist of not
more than three (3) persons and may include persons co-opted by the
Commission but each sub-committee shall include at least one (1) member of
the Commission who shall chair the sub-committee.

(6) Apart from the sub-committees set out under subsection (4) and
(5) of this section, the Commission may for the discharge of its functions,
appoint special committees of the Commission comprising members of the
Commission or non-members or both members and non-members and may
assign to the committee such functions as the Commission may determine
except that a committee composed entirely of non-members may only advise
the Commission.

Financing of the Commission

17. (1) The activities of the Commission shall be financed by a fund
consisting of:

(a) Money appropriated for the purposes of the Commission
through the national budget process.

(b) Application fees paid by appellants who file appeals to
the Commission.

(c) Proceeds of the Procurement Bulletin and other
publications by the Commission.

(d) Grants, gifts, and donations made to the Commission but
which shall not include grants, gift and donations from
private sources.

(e) Other sources of income for the Commission as approved
by the Legislature.

(2) In imposing the fees and charges under subsection 1(b) and (c)
of this section, the Commission shall ensure that the charges are minimal and

Public Procurement and Concessions Act
22 the Commission shall not use any charges or fees to deter persons from
making appeals to the Commission or to make profit from the sale of the
Commissions publications.

Accounts and Audit

18. (1) The Commission shall keep proper books of accounts and
proper records in relation to them and the accounts, books and records of the
Commission shall be in the form prescribed by the law governing
management of records for the time being in force.

(2) The books and accounts of the Commission shall be audited
annually by the Auditor-General or by an auditor appointed or authorized by
the Auditor-General.
Fiscal Year

19. The fiscal year of the Commission shall be the same as the fiscal year
of the Government of Liberia.

Annual Reports and Answerability to the Legislature

20. (1) The Commission shall be answerable to the Legislature.

(2) The Commission shall not later than one (1) calendar month
after the end of the fiscal year, submit to the Legislature and publish a written
report which shall include the following:

(a) The Commission’s activities and operations for the
previous year
(b) Copy of Audited Accounts.
(c) A report on the complaints, appeals, administrative
reviews for the year and their outcome.
(d) Recommendations for improvement of specific areas of
goods, works, services, disposals and concessions and
the planned program for the implementation of the
recommendations.
(e) Report on the annual procurement forum held by virtue
of Section 5 (j) in the previous year.
(f) General and specific recommendations.

Public Procurement and Concessions Act
23
PART III – ENTITIES

Sub-Part 1 – Entities Generally

Procuring and Concessions Entities

21. (1) Any entity to which this Act applies shall be a Procuring Entity
or Concessions Entity as the context may require under this Act.

(2) Every Procurement or Concessions Entity shall be responsible
for procurement or concessions carried out by the Entity.

(3) In the performance of its functions under this Act, the Entity
shall be subject to the provisions of this Act and to such other conditions as
may be laid down in regulations and administrative instructions issued by
the Commission in accordance with this Act.

(4) The head of the Entity and/or any person to whom
responsibility is delegated in accordance with this Act shall be held
responsible and accountable for any action taken in pursuit of his/her
responsibilities.

Decisions of the Entity and Responsibility

22. (1) The decisions of any entity in respect of its function under this
Act shall be taken in a corporate manner and any internal units concerned
shall contribute to the decision making process.
(2) The head of an Entity shall be responsible for ensuring
compliance with the provisions of this Act and shall not be absolved from
accountability or responsibility because he/she delegated such functions.
Declaration of Procuring Entity

23. In addition to the scope of entities covered by Section 1 of this Act,
the Commission may, in consultation with the appropriate authority of the
Legislature, by notice in the Gazette, declare any entity to be a Procuring
Entity.

Use of Private Sector Practices by Entities

24. (1) Subject to further guidelines and the approval by the Commission,
a Procuring Entity but not a Concession Entity, may undertake procurement

Public Procurement and Concessions Act
24 in accordance with established private sector or commercial practices if all the
following are present:

(a) The Procuring Entity is legally and financially autonomous
and operates under commercial law;

(b) The proposed procurement method will ensure value for
money, provide competition and transparency to the
extent possible;

(c) It has received the written approval of the Commission.

(2) The Commission may make regulations to guide this section.

Non-Application of Section 24 to Concessions

25. The provisions of Section 24 shall apply to procurement only and shall
not under any circumstance apply to concessions.

Sub-Part 2 – Procurement Structures

Procurement Committees

26. (1) A Procurement Committee is hereby established in every entity
to which this Act applies.
(2) The Procurement Committee shall upon the coming into force
of this Act consist of at least five (5) persons constituted by the head of the
entity as follows:
(a) The head of the Procuring Entity, as Chairperson
(b) Two other senior officials of the entity, one of whom shall
be the head of finance of the entity
(c) A representative of the concerned end-user department
who shall be a rotating member
(d) Any member co-opted for the purpose

(3) The Head of the Procurement Unit spelt out in Section 29 shall
also be a non-member secretary to the committee.

(4) The Head of the Entity shall ensure that the Procurement
Committee holds its first meeting within thirty (30) days after the coming into
force of this Act.

(5) The Procurement Committee may co-opt non-members for its
meetings.

Public Procurement and Concessions Act
25

Functions of the Procurement Committee

27. The Procurement Committee shall:

(a) Review procurement plans in order to ensure that they
support the objectives and operations of the entity and
comply with the national budget process;

(b) Review the schedules and specifications for procurement
and also ensure that the procurement procedures to be
followed are in strict conformity with the provisions of
the Act, its operating regulations and guidelines;

(c) Oversee all the procurement functions of the Procuring
Entity.

(d) Ensure compliance with this Act and its operating
guidelines by the Procuring Entity.

(e) Review the activities of each step of the procurement
cycle leading to the selection of the lowest responsive
evaluated bid by the Procuring Entity;

(f) Give approval to the Bid Evaluation Panel or otherwise
to enable the Procuring Entity or Procurement Unit to
continue with the procurement process;

(g) Provide the Commission with reports as required,
including quarterly reports;

(h) Confirm the range of acceptable cost of items to be
procured in line with the available funds and approved
budget;

(i) Facilitate contract administration and ensure compliance
with all reporting requirements under this Act;

(j) Ensure that stores and assets are disposed of in
compliance with the provisions of this Act.

(k) A Procurement Committee may engage the services of
such consultants and advisers, or co-opt persons with

Public Procurement and Concessions Act
26 specialized expertise as may be required for the proper
and efficient discharge of its functions.

Meetings of Procurement Committees

28. (1) The Procurement Committees shall meet as and when required
to review a bid or perform related functions but shall in any event meet at
least once every quarter.

(2) A notice in respect of its quarterly meetings shall be given at
least seven (7) days prior to the scheduled date of the meeting.

(3) The quorum of a meeting of the Procurement Committee shall
be at least four (4), comprising the chairperson or the acting head of the entity
who shall act as chairperson and at least three (3) other persons.

Procurement Unit

29. (1) A Procurement Unit is hereby established in each Procuring
Entity under this Act.

(2) The Procurement Unit shall be staffed with persons trained and
knowledgeable in procurement and charged with carrying out, on an ongoing
basis, functions related to procurement.

(3) The head of the Procuring Entity shall determine the
composition of the Procurement Unit but every Procurement Unit shall
consist of not less than two (2) officials charged with the responsibility of
budgeting, expenditure, and the administration of public procurement for the
entity.

(4) The Head of the Procuring Entity shall ensure that the
Procurement Unit is provided with adequate resources.

(5) The functions of a Procurement Unit shall include:-

(a) Planning of procurement
(b) Preparation of invitations to bid and of bidding
documents
(c) Publication and distribution of invitations to bid
(d) Receiving and safeguarding of bids
(e) Conducting bid opening procedures in accordance with
Sub-Section 5 of Section 61 of this Act
(f) Performance of secretarial services for the respective
procurement committees

Public Procurement and Concessions Act
27 (g) Administering the implementation and monitoring of
contracts
(h) Assessment of the quality of the procured goods, works
and services
(i) Sourcing and profiling of all suppliers, contractors and
consultants, and the maintenance of a database for that
purpose
(j) Such other functions as may be conferred by any other
enactment

(6) Appointment of staff to the Procurement Unit may be made
subject to certification and qualification requirements that shall be instituted
by the Commission with advice from the Civil Service Agency.

(7) The Procurement Unit shall operate under the supervision of
the Procurement Committee.

Bid Evaluation Panel

30. (1) Each Procurement Committee shall constitute a Bid Evaluation
Panel with the required expertise as and when required

(2) The Bid Evaluation Panel shall be responsible for the evaluation
of bids in accordance with the predetermined and published evaluation
criteria as outlined to bidders in the bid documents in accordance with this
Act and shall prepare and submit an evaluation report for the consideration
of the Procurement Committee.

(3) The Commission may make rules to regulate the composition
and activities of the Bid Evaluation Panel.

Time For Entering Into Contracts

31. Except in the case of emergency and with the prior approval of the
Commission, no entity shall enter into a procurement contract above a
threshold specified by the Commission unless a minimum of fourteen (14)
days have lapsed since the notification to award a contract was sent to the
Commission.

Public Procurement and Concessions Act
28

PART IV – GENERAL PROVISIONS ON PROCUREMENT
PROCEEDINGS

Qualification of Bidders

32. (1) In order to participate in procurement proceedings, a bidder
must qualify by meeting the criteria set by the Procuring Entity, which may
include:

(a) Professional and technical qualifications;
(b) Equipment availability, where applicable;
(c) Past performance;
(d) After sales service, where applicable;
(e) Spare parts availability;
(f) Legal capacity;
(g) Financial resources and condition;
(h) Assessment by the internal revenue authority to ascertain
payment of taxes; and
(j) Payment of social security contributions, where
applicable.

(2) The qualification criteria set under subsection (1) shall be
applied by examining, through investigation and collaboration with other
relevant agencies, whether or not the bidder meets the qualification criteria
and not by using a point system for comparing the relative level of
qualifications of participating bidders.

(3) The Procuring Entity shall be entitled to demand from potential
bidders and applicants for prequalification documentation reflecting their
qualification data.

Disqualification for Inaccurate Information

(4) A Procuring Entity shall disqualify a bidder if it finds at any
time that the information submitted concerning the qualifications of the
bidder was materially inaccurate or materially incomplete.

Prequalification

(5) Any requirement established pursuant to this section shall be
set forth in the prequalification documents, if any, and in the bidding

Public Procurement and Concessions Act
29 documents, and shall apply equally to all bidders without discrimination; and
only these criteria stated in such documents shall be applied.

(6) When prequalification proceedings are held, the Procuring
Entity shall –

(a) Provide to all bidders responding to the invitation to
prequalify, prequalification documents which shall
provide bidders with the information required to enable
them prepare and submit their applications for
prequalification;

(b) Make available to each applicant the results of the
assessment of the prequalification and all applicants that
meet the minimum criteria for prequalification shall be
invited to bid.

(c) Allow bidders adequate time to purchase, prepare and
submit prequalification documents. The period so
allowed shall not be less than the period allowed for
bidders to submit bids under National Competitive
Bidding and International Competitive Bidding
respectively.

(7) All applicants who meet the minimum criteria for
prequalification shall be invited to bid.

(8) Where prequalification proceedings are not conducted, post-
qualification, in which the Procuring Entity verifies the qualifications of the
bidder selected for award against the criteria stated in the bid documents,
shall be used.

Clarification and Modification of Bidding and Prequalification Documents

33. (1) The Procuring Entity shall respond within three (3) working
days to any request by a bidder for clarification of the bidding documents, or
the prequalification documents, submitted to the Procuring Entity within the
time specified in the bidding documents or in the prequalification documents.

(2) Responses to requests for clarification and responses from a pre-
bid conference as well as any modification or any other clarifications of the
bidding documents or of the prequalification documents shall be
communicated to all bidders participating in the procurement proceedings
without delay, so as to allow bidders an opportunity to take the clarifications
or modifications into account in preparing their submissions and if necessary

Public Procurement and Concessions Act
30 to allow bidders to do so, the Procuring Entity shall extend the deadline for
submission of bids or applications to prequalify.

Description of Goods, Works and Services

34. (1) To the extent possible, any specifications, plans, drawings,
designs and requirements or descriptions of goods, works or services shall be
based on the relevant objective technical and quality characteristics, and
performance of the goods, works or services to be procured; but there shall be
no requirement for or reference to a particular brand, trademark, name,
patent, design, type, specific origin or producer unless there is no other
sufficiently precise or intelligible way of describing the characteristics of the
goods, works or services to be procured and provided that words such as “or
equivalent” are included.

(2) Any descriptions of the technical or quality characteristics of the
goods, works or services to be procured, and requirements as to testing,
packaging, marking, labeling, or conformity certification, or symbols and
terminology, that are irrelevant to the performance of the goods or create
unjustified obstacles to participation by qualified bidders, and unnecessarily
and without justification limit competition, shall not be included or used in
the prequalification documents, or bidding documents.

(3) The Procuring Entity shall where applicable prepare
descriptions of procurement requirements in conformity with the applicable
environmental protection legislation and Regulations as well as international
conventions and standards.

Deadline for Bids and Other Applications

35. The Procuring Entity shall set the deadline for submission of bids,
applications for prequalification and expressions of interest so as to allow
sufficient time for their preparation and submission, with a view to
maximizing competition, in accordance with the minimum periods set in
sections 50 and 51.

Cancellation of Proceedings for Rejection of Bids

36. (1) A bid may be rejected only in accordance with this Act and
regulations made thereunder.

(2) A Procuring Entity may –

(a) Reject all bids at any time prior to the acceptance of a bid;
(b) Cancel the procurement proceedings where –

Public Procurement and Concessions Act
31 (i) The procurement need has ceased to exist or
changed significantly;
(ii) Insufficient funding is available for the
procurement;
(iii) There is a significant change in the required
technical details, bidding conditions, conditions of
contract or other details, such that the
recommencement of proceedings is necessary;
(iv) Insufficient, or no responsive bids are received;
(v) There is evidence of corruption, fraud, coercion or
collusion among bidders; or
(vi) Cancellation is deemed to be in the interest
of national security.

(3) Before rejecting all bids or canceling any procurement
proceedings, the Procurement Unit shall prepare a written request for
approval of the cancellation for submission to the Procurement Committee,
which shall clearly state –

(a) Detailed reasons for recommending cancellation;
(b) The status of the procurement proceedings, including in
particular, whether bids have already been opened under
bidding methods; and
(c) Whether new procurement proceedings are
recommended and, if so, the modifications
recommended.

(4) The reason for rejecting all bids, and for canceling the
procurement proceedings, shall be noted in the record of the procurement
proceedings, and promptly communicated to the bidders.

(5) A Procuring Entity shall not be liable to a bidder by reason only
of rejection of all bids or cancellation of procurement proceedings under
subsection (2).

(6) If a decision to cancel the procurement proceedings is taken
before the deadline for submission of bids, any bid received shall be returned
unopened to the bidder.

(7) In the event of cancellation or the rejection of all bids in
accordance with subsection (2) of this section, the procurement shall not be
re-bid to the same specifications and contract conditions unless the
cancellation of the initial proceeding is for budgetary or other reasons
unrelated to the specifications and contract conditions, but if the procurement

Public Procurement and Concessions Act
32 is to be repeated, the reasons for the cancellation of the initial proceeding
shall be examined and the technical specifications or contract conditions, or
both may be suitably modified prior to re-bidding.

Public Notice of Contract Awards

37. The Procuring Entity shall promptly publish in the Procurement
Bulletin, Gazette and any newspaper of wide national circulation notice of
each contract award in which the price of the contract exceeds the threshold
set in the Schedule, indicating the contract price and the name and address of
the successful bidder.

Debriefing Of Unsuccessful Bidders

38. The Procuring Entity shall upon the request of any unsuccessful
bidder, inform the bidder of the reasons for which the bid was unsuccessful.

Form of Communications

39. (1) Subject to this Act, documents, notifications, decisions and other
communication referred to in this Act to be submitted by the Procuring Entity
to a bidder or by a bidder to the Procuring Entity, shall be in writing.

(2) The Commission may authorize Procuring Entities to use other
forms of communication, including electronic communication for publication
of invitations to bid, transmission of bidding documents, submission of bids,
conclusion of contracts, and payments but any such other means of
communication shall be such as can preserve a record of the content of the
communication, provide an adequate level of security, and does not unduly
restrict bidders’ access to the procurement proceedings, and that other
requirements in this Act and regulations, and other applicable legislation are
met.

Procurement Planning

40. (1) All Procuring Entities shall undertake procurement planning,
with a view to achieving maximum value for public expenditure and the
other objects of this Act.

(2) The procurement plan to support the Procuring Entity’s
approved program and budget shall indicate –

(a) Contract packages
(b) Estimated cost of each package
(c) The procurement method

Public Procurement and Concessions Act
33 (d) Processing steps and time schedules

(3) A Procuring Entity shall not divide a procurement order into
parts or lower the value of a procurement order to avoid the application of
the procedures for public procurement prescribed in this Act.

(4) The Procurement Unit shall, where necessary and on a quarterly
basis, review and update their procurement plans and notify any
modifications to the head of the entity and ministry responsible for Finance.

Contract Administration

41. The Procuring Entity shall be responsible for the administration and
monitoring of contracts entered into by the Entity.

Price Adjustment

42. (1) Price adjustment is not permitted unless provided for in the
procurement contract to take into account changes in economic
circumstances.

(2) If the procurement contract provides for the possibility of price
adjustment, it shall stipulate the conditions, such as increases or decreases in
the cost of materials, labor, transportation and energy, in which price
adjustment would be permitted; the formulas, and indices to be referred to in
order to determine whether economic conditions have altered to a significant
enough degree to justify a price adjustment and to identify the amount of
increase or decrease; the frequency with which price adjustments may be
implemented; and procedures to be followed.

(3) The procurement contract may provide that, when the
application of the price adjustment formula leads to a price modification
exceeding a stipulated percentage of the initial price or a stipulated
percentage of the balance of the contract, the Procuring Entity may terminate
the contract.

(4) Any price variation shall be subject to approval by the
respective Procurement Committee.

Records and Reports of Procurement

43. (1) The Procuring Entity shall preserve all documentation relating
to the procurement proceedings in accordance with applicable rules
concerning archiving of Government documentation, but at a minimum it
shall be kept for a period of six (6) years following the date of final

Public Procurement and Concessions Act
34 completion of the procurement contract, or from the date of rejection of all
bids or cancellation of the proceeding, as the case may be.

(2) In addition to the documentation referred to in subsection (1),
the Procuring Entity shall prepare and maintain a summary report of the
procurement proceedings, including to the extent applicable –

(a) A description of the object of the procurement;
(b) A list of the participating bidders, their profile and
qualifications, and the qualification criteria applied;
(c) Bid prices;
(d) The bid evaluation criteria;
(e) A summary of the evaluation of bids;
(f) Summary of any review proceedings and decisions
thereon;
(g) Requests for clarifications and responses thereto;
(h) Statement of grounds for cancellation of procurement
proceedings pursuant to Section 15;
(i) Statement of grounds for choice of a procurement
method other than open bidding or request for proposals
for services;
(j) Statement of grounds for reduction of bid preparation
periods;
(k) Information concerning rejection of bids;
(l) Such other information as may be required by the
regulations made under this Act.

(3) The portion of the record referred to in paragraphs (a), (b), (c),
(d) and (g) of subsection (2) shall, on request, be made available to a person
after a bid, proposal, offer or quotation has been accepted or after
procurement proceedings have been terminated without resulting in a
procurement contract.

(4) The portion of the record referred to in paragraphs (e), (h) and
(i) of subsection (2) shall, on request, be made available to suppliers,
contractors or consultants that submitted bids, proposals, offers or
quotations, or applied for pre-qualification, after a bid, proposal, offer or
quotation has been accepted or procurement proceedings have been
terminated without resulting in a procurement contract.

(5) The Procuring Entity shall not disclose –
(a) Information, if its disclosure will –

(i) be contrary to law,

Public Procurement and Concessions Act
35 (ii) Impede law enforcement,
(iii) Not be in the public interest,
(iv) Prejudice legitimate commercial interests of the
parties, or
(v) Inhibit fair competition under this Act;

(b) Information relating to the examination, evaluation and
comparison of bids, proposals, offers or quotations, other
than the summary referred to in subsection (2) (e) of this
section.

(6) Records and documents maintained by procuring entities on
procurement shall be made available for inspection by the Commission, Anti-
Corruption Commission and Auditor-General upon request; and where
donor funds have been utilized for the procurement, donor officials shall also
have access, upon request, to procurement files for the purpose of audit and
review.

Debarment of Bidders and Suppliers

44. (1) The Commission may subject to the conclusion of its
investigations exclude a bidder from participation in public procurement for
a minimum period of one year and a maximum period of six (6) years after –

(a) Consultation with the affected Procuring Entity to
consider all the facts of the case;
(b) Reasonable notice to the bidder or supplier involved of
the cause of the proposed actions; and
(c) Reasonable opportunity to the bidder or supplier to
respond to the proposed action.

(2) A potential bidder shall only be debarred from participation in
procurement on the following grounds: –

(a) Provision of false information supplied in the process of
submitting a bid;
(b) Collusion between the bidder and another bidder or a
bidder and a public officer concerning the formulation of
any part of the bidding documents or supply of
information in the bid proceedings;
(c) Connivance to interfere with the participation of
competing bidders;
(d) Misconduct relating to the submission of bids, including
corruption, collusion, price fixing, a pattern of under-
pricing of bids, breach of confidentiality, and any other

Public Procurement and Concessions Act
36 misconduct implied under this Act or under any part of
this Act;
(e) Non-performance of contractual obligations under a
contract deemed serious enough to warrant debarment,
provided that the non-performance was not due to
circumstances beyond the control of the supplier;
(f) Conviction of a criminal offence relating to obtaining or
attempting to obtain a contract or subcontract;
(g) Non-settlement of tax obligations after assessment by the
National Revenue Authority or the evasion of tax by any
means; or
(h) Conviction of a crime related to business or professional
activities.
(3) Nothing in this section shall derogate from the powers of the
Complaints, Appeals and Review Panel under Section 10 of this Act.

Margin of Preference

45. (1) A Procuring Entity may grant a Margin of Preference to Domestic
Businesses or Liberian Businesses, as defined under this Act, in accordance with
Regulations to be made by the Commission.

(2) The Margin of Preference shall be subject to the provisions of Sub-
Section 4 of this Section and shall be reflected in the record of the procurement
proceedings;

(3) The Commission shall by Regulation set or adjust the minimum
benchmarks for the application of the Margin of Preference as it may deem
necessary.

(4) Notwithstanding the generality of Sub-Sections (1), (2) and (3) of this
section, the Regulations on the Margin of Preference issued by the Commission shall
include the provision that no bidder shall enjoy the Margin of Preference unless:

(a) In the case of supply of goods, the goods are manufactured in
Liberia and a minimum quantity of its inputs, specified by the
regulations, in terms of material or labor or both is derived
from Liberia.

(b) In the case of procurement of works, services or consultancies,
the bidder’ business is a Liberian Business or a Domestic
Business.

Public Procurement and Concessions Act
37 PART V – METHODS OF PROCUREMENT

Choice of Procurement

46. (1) Public procurement shall be undertaken by means of advertised
open bid proceedings, to which equal access shall be provided to all eligible
and qualified bidders without discrimination, subject only to the exceptions
provided under this Part.

(2) It is not permitted artificially to divide procurement with the
intention of avoiding the monetary thresholds established under this Act or
other instruments issued for the purposes of this Act.

(3) If the Procuring Entity uses a method of procurement other than
advertised open competitive bidding, it shall note in the record of the
procurement proceedings the grounds for the choice of the procurement
method.

(4) Where the participation of the procurement end-user or
beneficiary community may result in enhancing the economy, quality or
sustainability of the service to be procured, or the very objective of the project
is to create employment and involvement of the beneficiary community, such
end-user or community may participate in the delivery of services under
procedures to be defined in the regulations.

(5) In the cases referred to in subsection (4), procurement may be
carried out by force account, in which the procurement is carried out with
self-supervision, utilizing the Procuring Entity’s own personnel and
equipment or those of another Government institution.

(6) The cases in which force account may be utilized include,
separately or in combination with any activity –

(a) That, in view of its size, nature, location or scattered
locations, financing or high demobilization costs for
outside suppliers, does not attract bidders, at least not at
a reasonable price;

Public Procurement and Concessions Act
38 (b) That cannot be calculated, or determined in detail in
advance or both such that, if it were carried out by a
private sector entity, it would have to bear a great risk;

(c) Where the risk of unavoidable work interruptions is
better borne by the Procuring Entity than by a private
sector person;

(d) Where it has been demonstrated that force account is the
only practical method for constructing and maintaining
works under special circumstances;

(e) For a pilot project of a particular nature for development
of a technology or work method or both that cannot yet
be carried out by a supplier; and

(f) For works that must be carried out without disrupting
existing operations by the Procuring Entity’s crew
familiar with those operations.

(7) Where any procurement of goods, sub-contracted works or
services is required to supplement the force account activity, that
procurement shall be carried out in accordance with the relevant provisions
of this Act.

Open Competitive Bidding

47. (1) The open bid proceedings may include a prequalification stage
or the application of a post qualification procedure.

(2) The open bid may be carried out in a single stage or in two
stages, but use of the two-stage method is appropriate in the circumstances
outlined in subsection (3); of this section.

(3) An open bid may be held in two stages in the following cases:-

(a) When it is not feasible to define fully the technical or
contractual aspects of the procurement to elicit
competitive bids; and

(b) When, because of the complex nature of the goods, works
or services to be procured, the Procuring Entity wishes to
consider various technical or contractual solutions, and
to discuss with bidders the relative merits of those

Public Procurement and Concessions Act
39 variants before deciding on the final technical or
contractual specifications.

National Competitive Bidding

48. (1) In procurement proceedings in which the Procuring Entity
decides that only domestic suppliers or contractors are likely to be interested
in submitting bids, the Procuring Entity may employ national competitive
bidding procedures.

(2) The Procuring Entity is not required to employ national
competitive bidding procedures if the estimated contract amount is lower
than the value threshold specified in the Schedule.

(3) The Procuring Entity may stipulate in the bidding documents
that bidders must quote only in the local currency and payments shall be
made wholly in the local currency.

(4) At least four (4) weeks shall be allowed for submission of bids
in order to allow sufficient time for the invitation to reach candidates and to
enable them to prepare and submit bids.

International Competitive Bidding

49. (1) The Procuring Entity shall employ international competitive
bidding procedures when the estimated contract amount is higher than the
value threshold specified in the Schedule.

(2) International competitive bidding may be used whenever open
competitive bidding is used and effective competition cannot be obtained
unless foreign firms are invited to bid.

(3) International competitive bidding shall be in accordance with
the relevant procedures prescribed in this Act together with the following:-

(a) The invitation to bid and bidding documents shall be in
English;
(b) The invitation to bid shall be placed in a newspaper with
adequate circulation to attract foreign competition as
provided in this Act;
(c) At least six (6) weeks shall be allowed for submission of
bids in order to allow sufficient time for the invitation to
reach candidates and to enable them to prepare and
submit the bids;

Public Procurement and Concessions Act
40 (d) Technical specifications shall, to the extent compatible
with national requirements, be based on international
standards or standards widely used in international trade
and in particular shall conform to the provisions of this
Act;
(e) Bidders shall be permitted to express their bids, as well
as any security documents to be presented by them, in
their respective domestic currencies, or in a currency
widely used in international trade and stated in the
bidding documents;
(f) General and special conditions of contract shall be of a
kind generally used in international trade.

Restricted Bidding

50. Subject to approval by the Procurement Committee, restricted bidding
may be held in the following cases:-

(a) When the goods, works or services are only available
from a limited number of bidders;
(b) When the time and cost of considering a large number of
bids is disproportionate to the estimated value of the
procurement.

Procedures for Restricted Bidding

51. (1) When restricted bidding is employed on the grounds referred to
in Section 52 (a) all known suppliers capable of supplying the goods, works
or services shall be invited to bid.

(2) When restricted bidding is employed on the grounds referred to
in Section 52 (b) the Procuring Entity shall solicit bids from a minimum
number of five (5) bidders, if possible.

(3) The procedures for bidding proceedings, as set forth in this Part
shall apply to restricted bidding, except to the extent that they are modified
by this section.

Request for Proposals

52. Request for proposals for services is the method to be used for the
procurement of consultant services, subject only to the exceptions provided in
sections 70 and 71 of this Act.

Public Procurement and Concessions Act
41 Request for Quotations

53. The request for quotations method may be used for the procurement of
goods, works and services –

(a) Where the procurement is for readily available
commercially standard goods, not specially
manufactured to the particular specifications of the
Procuring Entity and the estimated value does not exceed
the amount set in the Schedule;

(b) When the estimated value of the procurement of small
works, does not exceed the amount set in the Schedule;
(c) When the estimated value of the procurement of services
does not exceed the amount set in the Schedule.

Basic Procedures for Request for Quotation

54. (1) Quotations shall be requested for in writing from as many
bidders as practicable, but from at least three (3) bidders.

(2) The request shall contain a clear statement of the requirements
of the Procuring Entity as to quality, quantity, terms and time of delivery, as
well as any other special requirements.

(3) Bidders shall be given adequate time to prepare and submit
their quotations, but each bidder shall be permitted one quotation, which
may not be altered or negotiated.

(4) A purchase order shall be placed with the bidder that provided
the lowest-priced quotation meeting the delivery and other requirements of
the Procuring Entity.

Sole-Source

55. (1) Public procurement by means of the sole-source procurement
method is permitted only in the following circumstances –

(a) When only one supplier has the exclusive right to
manufacture the goods, carry out the works, or perform
the services to be procured and no suitable alternative is
available;

(b) For additional deliveries of goods by the original
supplier which are intended either as parts replacement

Public Procurement and Concessions Act
42 for existing goods, services or installations, or as the
extension of existing goods, services or installations
where a change of supplier would compel the Procuring
Entity to procure equipment or services not meeting
requirements of interchangeability with already existing
equipment or services;

(c) When additional works, which were not included in the
initial contract, have through unforeseeable
circumstances, become necessary and the separation of
the additional works or services from the initial contract
would be difficult for technical or economic reasons;

(d) In cases of extreme urgency, provided the circumstances
which gave rise to the urgency were neither foreseeable
by the Procuring Entity nor the result of dilatory conduct
on its part;

(e) When the services require that a particular consultant be
selected due to his/her unique qualifications, or when it
is indispensable to continue with the same consultant.

(2) Use of sole-source procurement on the grounds referred to in
paragraphs (b), (c), (d), and (e) of Section 1 is subject to prior approval by the
Procurement Committee.

Basic Procedures for Sole-Source Procurement

56. (1) When the Procuring Entity engages in sole-source procurement
on the grounds referred to in subsection 57 (1) (b), (c), (d) and (e), it shall
prepare a written description of its needs and any special requirements as to
quality, quantity, terms and time of delivery; and shall request submission of
a bid or proposal in writing or both and shall be free to negotiate with the
sole bidder.

(2) Publication in the Procurement Bulletin, Gazette, a newspaper
of national circulation and, when feasible on the internet, of a notice of the
holding of sole-source procurement proceedings is required when the
estimated value of the procurement exceeds the threshold set in the Schedule.

Invitation to Bid

57. (1) The invitation to bid, or an invitation to prequalify, shall be
published in the Procurement Bulletin, Gazette, national print media of wide

Public Procurement and Concessions Act
43 circulation and electronic media, when feasible, and, in the case of
international competitive bidding, also in selected international media.

(2) Whenever feasible, and in accordance with the regulations,
invitations to bid or to apply for prequalification shall be published on the
internet and the publication of the invitation shall run at least for the period
of time specified in the regulations.

(3) An international bid, in which the participation of foreign
bidders is invited, shall involve publication in the English language of the
invitation to submit bids, or to apply for prequalification, and the bidding
and contract documents are also to be made available in the English
language, shall be held in the following cases:-

(a) When the estimated value of the procurement exceeds
the threshold set in the Schedule; or

(b) When there is no response to a national bidding
proceeding.

(4) The invitation to bid or, as the case may be, the invitation to
prequalify, shall include information on –

(a) The identity and address of the Procuring Entity;
(b) The nature and time-frame of the procurement, including
the place of delivery of goods or services, and the
location of any works;
(c) The manner of obtaining and the price of the bidding
documents, or, if applicable, the prequalification
documents;
(d) The place and deadline for submission of bids, or of
applications to prequalify;
(e) Such other matters as may be prescribed in the
regulations and standard forms issued by the
Commission.

Bidding Documents

58. (1) Unless provided otherwise under the regulations, Procuring
Entities shall use the standard bidding documents published or approved by
the Commission.

(2) The Procuring Entity shall provide, in an expeditious and non
discriminatory manner, the bidding documents to all potential bidders that
respond to the invitation to bid or, in the case of prequalification proceedings,

Public Procurement and Concessions Act
44 to all bidders that have been prequalified, and the price that may be charged
for the bidding documents shall reflect only the cost of printing and
distributing the documents.

(3) The bidding documents shall inform bidders of –

(a) The nature and time frame of the procurement,
including, but not limited to the technical specifications
or drawings as the case may be, terms of reference, the
contractual terms of the procurement, and the manner of
entry into force of the contract;
(b) Bidder qualification requirements if a prequalification
procedure was not followed;
(c) Information as to site visits and pre-bid conferences;
(d) Instructions for preparation and submission of bids,
including the deadline for submission of bids, time and
place of bid opening;
(e) Components to be reflected in the price, the currency or
currencies in which the bid price may be stated, and the
currency and related exchange rate to be used for
comparison of bids;
(f) The criteria and methodology for evaluation of bids and
the selection of the successful bidder, which shall all be
quantified in monetary terms or expressed in the form of
pass or fail requirements, if possible, or, where not
possible, by relative weights and when considering
evaluation criteria, the Procuring Entity shall consider
only the following:-

(i) The bid price, subject to any Margin of Preference
applied pursuant to Section 47;
(ii) the cost of operating, maintaining and repairing
the goods or works, the time for delivery of the
goods, completion of works or provision of the
services, the functional characteristics of the goods
or works, the terms of payment and of guarantees
in respect of the goods, works or services;
(iii) the effect that acceptance of a bid would have on
the environment, the extent of local content,
including local manufacture, labor and materials,
in goods, works or services being offered by
bidders, the transfer of technology and the
development of managerial, scientific and
operational skills;

Public Procurement and Concessions Act
45 (g) The preference, if any, for domestic goods and
contractors as outlined in regulations;
(h) Any grouping of goods works or services into lots and
packages and the manner of evaluation of the lots and
packages;
(i) Whether alternatives to the technical or contractual
specifications would be considered and, if so, how those
alternatives would be evaluated;
(j) If suppliers are permitted to submit bids for only a
portion of the goods, works or services to be procured, a
description of the portion or portions for which bids may
be submitted;
(k) The required validity period of bids;
(l) The amount and acceptable forms of any required bid,
performance or other security;
(m) The conditions of contract which will be entered into
with the successful bidder;
(n) Notice of conflict-of-interest restrictions and anti-fraud
and corruption rules;
(o) The manner in which bidders may obtain review of
actions, omissions and decisions of the Procuring Entity;
and,
(p) Such other matters as may be required in the regulations,
manuals and standard forms prescribed by the
Commission.

Submission of Bids

59. (1) Subject to subsection (3) of this section, a bid shall be submitted
in writing, duly signed and in a sealed envelope; and bids received after the
deadline for submission of bids shall be returned unopened.

(2) Invitation for prequalification and bidding documents shall
permit submission of applications to prequalify or bids by hand or mail or by
courier at the option of the bidder.

(3) Subject to the policy laid down by the Commission, the bidding
documents may authorize other methods of submission of bids, such as by
electronic mail, as long as the confidentiality and security of bids are assured,
including the prevention of the opening and reading of bids by anyone until
the opening of bids at the time set in accordance with Section 61 of this Act.
(4) Bids shall remain valid for the period of time indicated in the
bidding documents, but modification or withdrawal of a bid during the bid
validity period is subject to forfeiture of the bid security.

Public Procurement and Concessions Act
46 (5) The validity period of a bid may be deemed extended only on
the basis of the agreement of the bidder concerned and the bidder that agrees
to an extension of the validity period of its bid shall also obtain a
corresponding extension of the bid security, if such a security was required.

Bid Security

60. (1) The bidding documents may require bidders to submit a bid
security, which shall be applied to all bidders, and which set in accordance
with the regulations.

(2) Forfeiture of a bid security may be imposed only in the event of

(a) A modification or withdrawal of a bid after the deadline
for submission of bids and during its period of validity;
(b) Refusal by a bidder to accept a correction of an
arithmetical error appearing on the face of the bid;
(c) Failure by the successful bidder to sign a contract in
accordance with the terms set forth in the bidding
documents; or
(d) Failure by the successful bidder to provide a security for
the performance of the contract if required to do so by
the bidding documents.

Bid Opening

61. (1) Bids shall be opened at the time and place indicated in the
bidding documents, and the time of bid opening shall coincide with the
deadline for submission of bids, or follow immediately thereafter, allowing a
minimum time interval for logistical reasons.

(2) Bidders or their representatives may attend the bid opening,
where the name of the bidder, the total amount of each bid, any discounts or
alternatives offered, and the presence or absence of any bid security, if
required, and essential supporting documents shall be read out loud and
recorded, and a copy of the record shall be made available to any bidder on
request; and any documents with financial implications must be signed by
the Chairperson and two other members of the bid opening committee.

(3) No decision regarding the disqualification or rejection of any
bid shall be taken or announced in the bid opening session.

(4) Following opening of the bids, and until the preliminary
decision on award has been notified to the successful bidder, no bidder shall

Public Procurement and Concessions Act
47 make any unsolicited communication to the Procuring Entity or try in any
way to influence the Procuring Entity’s examination and evaluation of the
bids.

Representation of Procurement Committee at Bid Opening

(5) All bids shall be opened in the presence of the Chairperson of the
Procurement Committee or a member of the Procurement Committee designated
by the Chairperson.

Examination, Evaluation and Comparison of Bids

62. (1) Following the opening of bids, the Procuring Entity shall first
examine the bids in order to determine whether the bids are complete, signed,
whether required documents to establish legal validity and required bid security
have been furnished and whether bids are substantially responsive to the
technical specification and contract conditions set forth in the bidding
documents.

(2) Bids which are not complete, not signed, not accompanied by a bid
security in the prescribed form, if one is required, or not accompanied by
essential supporting documents such as business registration certificates,
business licenses and tax receipts, or are substantially non-responsive to the
technical specifications or contract conditions or other critical requirements in the
bidding documents, shall be rejected and excluded from further evaluation and
comparison.

(3) If a prequalification procedure was applied, a bid received from
any entity other than the prequalified bidders shall be rejected and excluded.

(4) Bids not excluded from consideration under subsections (2) and (3)
of this section, shall be evaluated in accordance with the criteria and
methodology stated in the bidding documents.

(5) The Procuring Entity may seek clarification from any bidder to
facilitate evaluation but shall neither ask nor permit any bidder to change the
price or any other aspect of the bid and if a bidder amends its bid in any manner,
such a bid shall be rejected and its bid security forfeited.

(6) If there is an arithmetical error, such an error shall be rectified and
the bidder notified but if the bidder refuses to accept such correction, its bid shall
be rejected and the bid security forfeited.

(7) If there is a discrepancy between figures and words, the amount in
words shall prevail unless the discrepancy is due to misplacement of decimal
point, in which case the mistake shall be rectified and the bidder notified.

Public Procurement and Concessions Act
48

(8) In carrying out the evaluation, if there are minor deviations in any
bid which did not merit rejection at the earlier stage, such minor variation shall
be costed, if possible, and the evaluated cost of such a bid shall then be compared
to those of other bids to determine the lowest evaluated bid.

(9) If the process included a prequalification, the qualifications of
the lowest evaluated bidder shall be verified again to take account of any
change since the original prequalification.

(10) If there was no prequalification, the qualifications of the lowest
responsive evaluated bidder shall be checked against the criteria specified in
the bidding documents; if that bid fails, the same check shall be applied to the
next ranked bid.

(11) The Procuring Entity shall prepare an evaluation report
detailing the examination and evaluation of bids and identifying the
recommendation for award of contract in accordance with the evaluation
criteria specified in the bidding document.

Non-Disclosure of Evaluation Details

63. Information relating to the examination, clarification, evaluation and
comparison of bids shall not be disclosed to bidders or to any other person
not involved officially in the examination, evaluation or comparison of bids
or in the decision on which bid should be accepted, except as permitted under
this Act.

Prohibition of Negotiations

64. (1) Except as provided in subsection (2) (b) of this section, no
negotiations shall take place between the Procuring Entity and a supplier or
contractor with respect to a bid submitted by the supplier.

(2) If the lowest evaluated responsive bid exceeds the budget for
the contract by a substantial margin, the Procuring Entity shall investigate the
causes for the excessive cost and may –

(a) Consider requesting new bids; or
(b) Subject to approval by the Procurement Committee and
guidelines issued by Commission, negotiate a contract
with the lowest evaluated bidder to try to obtain a
satisfactory contract through a reduction in the scope
which can be reflected in a reduction of the contract
price.

Public Procurement and Concessions Act
49

Award of Procurement Contract

65. (1) The contract shall be awarded by the Procuring Entity to the
bidder that submitted the lowest evaluated and most responsive bid which
meets the evaluation criteria as specified in the bidding documents.

(2) Prior to the expiry of the period of bid validity, the Procuring
Entity shall notify the successful bidder of the proposed award and shall
specify the time within which the contract must be signed, subject to any
intervening complaints filed in accordance with Part VIII of this Act.

(3) Where the value of the contract exceeds the levels set in the
regulations, notice shall be given to the other bidders and the Commission
specifying the name and address of the proposed successful bidder and the
price of the contract, but the contract shall not be signed until at least fourteen
(14) calendar days have passed following the giving of that notice.

(4) If the bidder whose bid has been accepted fails to sign a written
contract, when required to do so, or fails to provide any required security for
the performance of the contract within the prescribed time limit, the
Procuring Entity shall accept the next ranked bidder from among the
remaining bids that are in force.

Acceptance of Bid and Signature of Contract

66. (1) Where the bid documents require the bidder whose bid has
been accepted to sign a written procurement contract conforming to the bid,
the Procuring Entity and the bidder shall sign the procurement contract
within thirty (30) days after the notice referred to in subsection 65(2) and 65
(3).

(2) The procurement contract shall come into force when the
contract is signed by the bidder and by the Procuring Entity.

(3) Except as otherwise provided under this Act, a procurement
contract in accordance with the terms and conditions of the accepted bid shall
enter into force when the notice is dispatched to the bidder.

(4) Contracts shall be signed by the head of a Procuring Entity, but
he or she may delegate signature of small contracts to the head of
Procurement Unit or other senior official of the Entity.

Public Procurement and Concessions Act
50

Two-Stage Bidding

67. (1) Where a procurement is to be done by a two stage bidding, the
bidding documents shall, in the first stage, call upon bidders to submit initial
bids without a bid price, and may solicit initial proposals relating to the
technical, quality or other characteristics of the goods, works or services, as
well as to contractual terms and conditions of the proposed contract, and,
where relevant, the professional and technical competence and qualifications
of the bidders.

(2) The Procuring Entity may engage in discussions with any or all
bidders whose proposals satisfy the conditions set forth in the bidding
documents with a view to understanding the proposals or to indicate changes
required to make them acceptable and to seek the bidder’s willingness to
make such changes; minutes of these discussions shall form part of the
procurement records.

(3) At the end of the first stage, the Procuring Entity may –

(a) Reject those bids which do not, and cannot be changed to
meet the basic requirements, minimum performance, or
required completion time or have any other weakness
which makes the bid substantially non responsive;

(b) Modify the technical specifications, evaluation criteria,
and contract conditions, while seeking to maximize
competition and articulate appropriate evaluation
methodology.

(4) In the second stage, the Procuring Entity shall invite bidders
whose bids have not been rejected to submit final bids with prices responsive
to the revised bidding documents.

(5) A bidder, not wishing to submit a final bid, may withdraw from
the bidding proceedings without forfeiting any bid security that the bidder
may have been required to provide, and the final bids shall be evaluated and
compared in accordance with the criteria and methodology included in the
revised bidding documents.

Public Procurement and Concessions Act
51 (6) The procedures for bidding set forth in this Part shall apply to
two-stage bidding proceedings, except to the extent that they are modified by
this section.

Request For Consultant’s Services

68. (1) For the purposes of procuring the services of a consultant, the
Procuring Entity shall prepare a shortlist of three (3) to six (6) consulting
firms as determined by subsections (2) and (3) of this section and to the
greatest extent feasible, comprising consultants of the same category, and
similar capacity and business objectives, to which it shall provide the request
for proposals for services; and the short-list shall be established from among
those who have the capacity to perform the required services, as
demonstrated in their submissions.

(2) When the estimated value of the procurement exceeds the
threshold set in the Schedule, in order to establish the shortlist, the Procuring
Entity shall seek expressions of interest by publishing a notice in the
Procurement Bulletin, Gazette, in national print media of wide circulation,
and whenever feasible, on the internet, and where appropriate, the notice
may also be published in a relevant trade publication or technical or
professional journal.

(3) For assignments of a value lower than the threshold set in the
Schedule, the shortlist may be established from market knowledge or other
sources of information but in the case of assignments which have an
estimated value above that threshold, or are particularly complex, an
advertisement shall also be utilized.

(4) The request for proposals shall provide short listed bidders with
the information necessary to enable them to participate in the procurement
proceedings and to submit proposals that are responsive to the needs of the
Procuring Entity including, in particular:

(a) The name and address of the Procuring Entity;
(b) The nature, time frame and location of the services to be
provided, terms of reference, required tasks and outputs;
(c) The criteria to be used in evaluating and comparing
proposals, and their relative weight as compared to price;
(d) The contractual terms of the procurement, and the
manner of entry into force of the contract;
(e) Instructions for preparation and submission of proposals,
and the place and deadline for submission of proposals;

Public Procurement and Concessions Act
52 (f) The final selection procedures to be applied;
(g) Notice of conflict-of-interest restrictions and antifraud
and corruption rules, including the grounds for potential
debarment from future participation in procurement of
goods, services or works that may result from the
assignment under consideration; and
(h) Such other matters as may be prescribed in the
regulations and standard documents issued by the
Commission.

(5) The price of a proposal shall be considered by the Procuring
Entity only after completion of the technical evaluation.

Selection Based on Quality and Cost

69. (1) The selection of the successful proposal shall be based either: –

(a) On the technical quality of the proposal, the consultant’s
relevant experience and the expertise of its staff, and the
proposed work methodology, as well as the price of the
proposal; alternatively,

(b) On the quality of the technical proposal submitted within
a predetermined fixed budget; or

(c) On the basis of the best financial proposal submitted by
the candidates, having obtained an acceptable technical
score pre-disclosed in the request for proposals.

(2) Detailed procedures shall be set forth in the regulations.

Selection Based On Quality

70. When the services are of an exceptionally complex nature or of a
considerable impact on future projects or national economy or when they
may lead to the submission of proposals which are difficult to compare, the
consultant may be selected exclusively on the basis of the technical quality of
his or her proposal; the use of which method should be approved by the
Procurement Committee subject to the approval of the Commission.

Award of Consultancy Contract

71. (1) The contract may be negotiated with the selected consultant but
negotiations may not be simultaneously held with several consultants.

Public Procurement and Concessions Act
53 (2) The Procuring Entity shall notify its proposed award to all
short-listed consultants and the Commission at the same time it notifies the
selected consultant, but where the value of the contract exceeds the levels set
in the regulations, the contract shall not be signed until at least fourteen (14)
calendar days have passed following the giving of that notice.

(3) The selected consultant shall not be permitted to substitute key
staff, unless both parties agree that undue delay in the selection process
makes such changes unavoidable or that such changes are critical to meet the
objectives of the assignment.

(4) The key staff proposed for substitution shall have qualifications
equal to or better than the key staff initially proposed.

Procurement Activity

72. Notwithstanding any procurement proceedings or activity, no
Procuring Entity shall sign a procurement contract or permit a contract to
come into force unless the Head of the Procuring Entity has ascertained that:

(a) The activity has been duly budgeted for by the entity.
(b) The budget has been properly subjected to the budget
process and been duly approved.
(c) The budget for the activity has been provided for and
approved under the national budget.

PART VI – SPECIFIC PROCEDURES FOR PROCESSING CONCESSION
AGREEMENTS

Sub-Part 1 – Definition and Objectives of Concession Agreements

Definition

73. (1) Concession means the grant of an interest in a public asset by
Government or its agency to a private sector entity for a specified period
during which the asset may be operated, managed, utilized or improved by
the private sector entity who pays fees or royalties under the condition that
the Government retains its overall interest in the asset and that the asset will
revert to the Government or agency at a determined time. Under this Act, the
term concession shall comprise of all its variants including but not limited to
the following:

(a) “Build/Refurbish/Modernize-Operate-Transfer (BOT)”:
Where a private entity finances the development of

Public Procurement and Concessions Act
54
infrastructure/facility/utility and operates it for a specified
period after which the project is handed over to the
Government/public entity free of lien or at a cost to the public
entity.

(b) “Build/Refurbish/Modernize-Transfer-Operate (BTO)”: Where
the Government/public entity contracts a private entity to build
or complete a facility the ownership of which is transferred to the
Government/public entity on completion after which the facility
is leased back to the private entity for a fixed or renewable term.

(c) “Build/Refurbish/Modernize-Own-Operate-Transfer (BOOT)”:
Where the private entity obtains a franchise for a fixed period,
whether exclusive or not, to develop, operate, maintain, manage
and collect user fees for a public facility over a fixed period at the
end of which title to the facility reverts to the public
entity/Government.

(d) “Build/Refurbish/Modernize-Own-Operate (BOO)”: Where the
Government/public entity either transfers ownership and
responsibility for a public facility or contracts with a private entity
to build, own and operate a new facility is subject to terms and
conditions laid down by the Government/public entity for the
operation of the facility.

(e) “Joint Ventures”: Where the Government/public entity shares
investment, profits, losses and/or control of the operations of a
facility with the private entity.

(f) “Management Contract/Service Contract”: Where a private entity
is engaged as an agent of the Government/public entity, to
perform a public function on behalf of the Government/public
entity for a fee in whatever form, with or without performance
incentives regardless of whether the public entity retains
responsibility for the acts of the private entity agent or not.

(g) “Outsourcing”: Where the Government/public entity contracts a
private entity for the continuous provision of an otherwise public
service paid for by the public entity.

(h) “Partial Privatization”: The partial disposal of Government
interest to a private entity other than through the Stock Exchange.

(i) The Commission may identify other business arrangements that
shall be defined as concessions.

Public Procurement and Concessions Act
55 Objectives of Concessions

74. The objectives of every concession shall be to promote one or more of
the following:

(a) Increased Government revenue from concessions.
(b) Harnessing of private sector financial, human and
technical resources for economic development
(c) Competition in the provision of services, supplies, goods
or infrastructure and reduce monopolies.
(d) Accelerate the development of infrastructure, human
capacity and the provision of services
(e) The growth of the Liberian private sector
(f) Partnerships between the public and private sectors

Sub-Part 2 – Scope, Application and Disqualified
Private Sector Entities

Scope and Application

75. (1) This part shall apply to all activities relating to concessions and
shall in particular apply to the following:

(a) The implementation of concessions including, but not
limited to the:

i. Identification and certification for Concessions
ii. Planning of the process for concession agreements
iii. Preparation of concession bid documents
iv. Invitation and evaluation of bids, negotiations and
signing of concession agreements
v. Implementation, supervision and monitoring of
concession agreements

(b) The grant of concessions of whatever form in all sectors
including but not limited to:

i. Mineral exploration and mining
ii. Fishing
iii. Timber
iv. Telecommunications
v. Electricity, water and other utilities
vi. Forestry
vii. Agricultural concessions including plantations

Public Procurement and Concessions Act
56 viii. Oil exploration and extraction
ix. Development of public infrastructure including
but not limited to airports, terminals, toll
roads/bridges, shopping malls, etc.
x. The grant of special licenses including licenses for
imports, exports, services, works or for the
performance of functions on behalf of the public
sector
xi. Other sectors as determined by the Minister
responsible for Economic Affairs.

(c) All Concession Entities or Government institutions and
agencies legally mandated to undertake concessions

(d) All private sector entities that participate in concessions.

Concession Entities

76. (1) Any entity that is issued with a Certificate for Concessions in
accordance with Sections 88 and 89 of this Act shall be a Concession Entity for
the purposes of this Act and shall be responsible for the concession process.

(2) The head of the Concession Entity shall be held accountable and
responsible for any action taken in pursuit of his or her responsibilities under
this Part and shall not be absolved from accountability because he or she
delegated the function.

The Role of the Procurement Unit in Processing Concession Agreements

77. (1) The Procurement Unit set up under Section 29 of this Act shall
be responsible for the performance of the following concessions functions
under the oversight of the Procurement Committee.

(2) In respect of concessions the Procurement Unit shall perform
the following functions:

(a) Prepare the Concession Procurement Plan
(b) Plan and administer concession up to but excluding
evaluation and award of concession contracts
(c) Prepare concession bid documents in collaboration with
technical experts
(d) Receive and safeguard bids received
(e) Conduct bid opening procedures in accordance with
Section 110 of this Act
(f) Perform secretarial services for the Concession Entity

Public Procurement and Concessions Act
57 (g) Such other functions as may be conferred by the head of
the entity in accordance with this Act

Engagement of Advisors

78. (1) A Concession Entity and/or the Inter-Ministerial Committee
may where it is conducive to the national interest, engage private sector
entities or experts to advise on any of the processes of concessions other than
approvals and such experts shall work with the Procurement Unit for the
purposes of the specific concession.

(2) The selection of a private sector entity or individual for the
purposes of subsection (1) of this section shall be made in accordance with the
procedure for the selection of consultants set out under Sections 70 and 71 of
this Act.

Preparation of Concession Procurement Plan

79. (1) The Concession Procurement Plan shall include the following
details:

(a) The allocation of responsibilities and deadlines for all
pre-implementation activities necessary for the
concession procurement process including the
engagement of consultants to advise at any stage of the
concession process;

(b) Arrangements to ensure co-ordination with other
institutions where necessary;

(c) The method to be employed in the procurement of the
concession indicating whether it is a National
Competitive Bidding or an International Competitive
Bidding and the reasons for same;

(d) The proposed dates for the General Notice of Investment
Opportunity, Expression of Interest, Invitation to Bid,
evaluation, negotiation and all processes leading to the
concession agreement.

(4) The Commission shall, where necessary to ensure compliance
with this Act, request for changes in the Concessions Procurement Plan
within the twenty-one (21) days of receipt of the Concessions Implementation
Plan.

Public Procurement and Concessions Act
58 Concession Structures

80. There is hereby established under this Act the Inter-Ministerial
Concessions Committee and the Concession Bid Evaluation Panel.

Composition of the Inter-Ministerial Concessions Committee

81. (1) The Inter-Ministerial Concessions Committee shall consist of
seven (7) persons constituted on ad hoc basis as required in accordance with
subsection (2) of this section.

(2) The Inter-Ministerial Concessions Committee shall be
responsible for the review of a concession and approval of the report of the
Concessions Bid Evaluation Panel and the preparation of the annual
concessions plan for submission and approval by Cabinet.

(3) The Inter-Ministerial Concessions Committee shall comprise the
following:

(a) The chairperson of the National Investment Commission
who shall be the chairperson of the committee
(b) The Minister of Justice
(c) The Minister responsible for Finance
(d) The Minister responsible for Economic Affairs
(e) Two other Ministers appointed by the President
representing the collective interest of various sectors of
the economy connected with the concession other than
the minister responsible for the sector
(f) The head of the Concession Entity

(4) The Head of the Procurement Unit of the specific Concession
Entity shall serve as the non-member secretary to the Inter-Ministerial
Concessions Committee for the purposes of its work for the Concession
Entity.
(5) The Inter-Ministerial Concessions Committee may co-opt
experts to its meetings for a particular concession under review for advisory
purposes.

Functions of the Inter-Ministerial Concessions Committee

82. (1) The Inter-Ministerial Concessions Committee shall perform the
following functions:

(a) Review and approve concession bid documents prior to
the invitation of bids.

Public Procurement and Concessions Act
59
(b) Review the evaluation reports to ensure that procedures
were in strict conformity with the criteria, the Act and
relevant regulations, approve or otherwise, the
evaluation reports to enable the Concession Entity to
continue with the next step of the process.

(c) Approve the minimum benchmarks for the negotiations
with the concessionaire as proposed by the Concession
Entity.

(d) If negotiations breakdown, and if acceptable, authorize
the Concession Entity to negotiate with the next highest
ranking bidder.

(e) Constitute the Concession Bid Evaluation Panel and the
Negotiations Team.

(f) Make recommendations to the head of the Concession
Entity and the Commission as and when necessary.

(2) No entity other than the Inter-Ministerial Concessions
Committee set up under Sections 80 and 81 of this Act shall perform the
functions of the Inter-Ministerial Concessions Committee and the purported
performance of the functions of the Inter-Ministerial Concessions Committee
by any other person or entity shall be void.

Meetings of the Inter-Ministerial Concessions Committee

83. (1) The Inter-Ministerial Concessions Committee shall be convened
at the instance of the Head of the Concession Entity through a written request
submitted to the President and the Chairperson of the National Investment
Commission.

(2) The President, on receipt of the request from the Head of the
Entity, shall nominate two (2) persons under subsection (3) (e) of Section 81
for the specific purpose and the chairperson of the National Investment
Commission, shall on receipt of the notice of the President’s nominees
convene a meeting of the committee for the purposes of the specific
concession.
(3) Apart from the Chairperson and the Ministers responsible for
Finance, Justice and Economic Affairs, no person shall have permanent
representation on the Inter-Ministerial Concessions Committee.

Public Procurement and Concessions Act
60 (4) When the concession contract is entered into, the Inter-
Ministerial Concessions Committee shall be deemed to be dissolved for the
purposes of the particular concession.

(5) No member of the Committee shall delegate his role as a
member. Where absolutely necessary any of the persons mentioned under
subsection (3) of Section 81 may send a Deputy Minister as a proxy to
represent the member at a meeting of the Committee. The member shall be
responsible for any decisions made by the proxy.

Disclosure of Interest

84. (1) A member of the Inter-Ministerial Concessions Committee or a
person appointed/co-opted by the committee who has any interest, direct or
indirect, in any matter to be considered by or on behalf of the Commission
shall disclose the nature of his or her interest to the Commission and such
disclosure shall be recorded in the minutes of the committee.

(2) A member of the Inter-Ministerial Concessions Committee with
any interest shall not take part in any deliberation or decision of the
committee relating to that matter, and a member who contravenes this section
shall be guilty of misconduct and liable to be removed from the committee
and/or suffer any penalty that may be applicable under this Act.

Quorum

85. The Inter-Ministerial Commission Committee shall not be properly
constituted for its work without the presence of the ministers responsible for
Finance, Economic Affairs, Justice, the head of the Concession Entity or in the
absence of any of them the duly authorized deputy.

Disqualified Private Sector Persons/Entities

86. The following private sector entities, whether local or foreign, are
disqualified from participating in any concession process.

(a) Partnerships
(b) Sole Proprietorships
(c) Natural Persons
(d) Not-for-profit entities or Non-Governmental
Organizations
(e) Unincorporated Associations

Public Procurement and Concessions Act
61 Sub-Part 3 – The Concession Procurement Process Planning

Inclusion In Economic Development Plan

87. (1) The Minister responsible for Economic Affairs shall develop an
annual concessions plan for sectors of the economy in which concessions may
be promoted for approval by Cabinet.

(2) The role assigned the Minister responsible for Economic Affairs
under subsection (1) of this section shall only be exercised in consultation
with all Ministers and head of Entities that may be affected by the annual
concessions plan.

(3) The head of a Concession Entity shall, prior to commencing any
activity for the purpose of implementing a concession, request the Minister
responsible for Economic Affairs to issue a Certificate for Concession for the
specific concession.

No Concession without Certificate

88. (1) Every concession implementation process shall commence with
the issue of a Certificate for Concession and no concession shall be
implemented unless the proposed project has been issued with a Certificate
for Concession.

(2) The Ministry responsible for Economic Affairs shall have the
sole responsibility to issue the Certificate for Concession.

Criteria for the Issue of the Certificate for Concession

89. (1) Prior to issuing the Certificate for Concession under Section 88
of this Act, the Ministry responsible for Economic Affairs shall ensure that:

(a) The concession falls within the area of the economy in
which concession arrangements may be carried out in
furtherance of national economic objectives.

(b) The proposed concession has not already been allocated
with public funds for the same purpose envisaged under
the proposed project.

(c) The barriers or bottlenecks that need to be addressed
prior to or in the course of the concession procurement
process have been clearly identified by the Concession

Public Procurement and Concessions Act
62 Entity or by the Ministry responsible for Economic
Affairs and brought to the knowledge of the Entity.

(2) The functions of the Ministry responsible for Economic Affairs
under subsection (1) of this section shall be performed with prior consultation
with the head of Concessions Entities affected by specific concession.

Presentation of Concession Option to the Public

90. A Concession Entity shall pursuant to the receipt of the Certificate for
Concession undertake public stakeholder consultations as part of the
concession implementation process.

Information at the Stakeholder Forum

91. At the stakeholder forum, the Concession Entity shall at least provide
information on the following:

(a) The strategic importance of the Project

(b) The extent of investment or private resources i.e.
financial, human, etc. to provide the needs of the
community

(c) The technical and financial feasibility of the Project

(d) Measures instituted and/or may be instituted to address
any environmental challenges and adverse externalities
for the population

(e) Any other reason that may justify choosing the
concession option

Records of the Concession Bidding Process

92. In furtherance of transparency and accountability every entity
involved in any concession process shall maintain a written record of all
proceedings in accordance with Section 43 of this Act.

Inspection of the Records

93. The records shall be made available for inspection by the Commission
and the Auditor-General or any person(s) duly authorized by the
Commission or relevant Government authority.

Public Procurement and Concessions Act
63 Specific Records to Be In Writing

94. Without limiting the generality of this part or any subsection of this
part the following shall at all times be in writing:

(a) General Notice of Investment Opportunity
(b) Request for Expression Of Interest
(c) Instructions to Bidders
(d) The Request For Proposals
(e) The Evaluation Report together with attachments
(f) All documents related to the award of contracts
(g) Concession Information Memoranda

Competitive Bidding

95. Concessions bidding proceedings shall be on the basis of open
competitive bidding unless otherwise stipulated under this Act.

National Competitive Bidding

96. (1) An Entity shall use National Competitive Bidding where it is
concluded that:
(a) There is the availability of adequate technology in Liberia
for the object of the concession.
(b) The expected capital outlay is capable of being raised by
local businesses
(c) The concession project is not likely to be of interest to
foreign investors
(d) The concession falls within the area of the economy
which is by law restricted to Liberians
(2) Where National Competitive Bidding is used only domestic
firms shall be invited to participate in the particular bid.
International Competitive Bidding
97. (1) International Competitive Bidding shall be used where one or
more of the following conditions may prevail:
(a) The project requires international expertise
(b) The project requires technology not available in Liberia

Public Procurement and Concessions Act
64 (c) The project requires capital outlay not ordinarily
available in Liberia

(2) Bidders shall be allowed not less than six (6) weeks to prepare
and submit bids.
Domestic Firms to Participate In the International Competitive Bidding

98. In all instances of International Competitive Bidding, domestic
businesses which meet the minimum criteria for participation shall, without
restrictions, be qualified to participate either solely or in association with
foreign entities.

Criteria for the Application of Margin of Preference In Concessions

99. (1) Where a concession is awarded on the basis of International
Competitive Bidding, a Concession Entity may allow for Margin of
Preference for Domestic and Liberian Businesses as defined under this Act
and the Commission shall establish a criteria for the Margin of Preference to
be applicable to concessions in that respect.

(2) Notwithstanding the generality of sub-section (1) of this section,
the Commission shall ensure that the criteria for the Margin of Preference
applicable to concessions shall, as much as possible, be consistent with the
provisions of Section 45 of this Act.

Restricted Competitive Bidding

100. Subject to the approval of the Commission, Restricted Competitive
Bidding shall be employed where the Concessions Entity has pre-qualified
bidders in accordance with the provisions of this Part of this Act.

Sole-Source

101. Subject to the approval of the Commission a concessionaire may be
sole sourced if one or more of the following conditions prevail:

(a) The Concession requires specialized expertise that is
available only to one specific bidder.

(b) The Concession involves an innovation the patent for
which is held by one particular bidder.

(c) The Concession requires specialized research, or
experiment that only one person is prepared to
undertake

Public Procurement and Concessions Act
65
(d) The Concession is in respect of strategic national interest
or national defense and security and it is not in the
national interest to have more than one bidder

Prior Approval of Commission

102. In all instances other than National Competitive Bidding and
International Competitive Bidding, the method to be used shall receive the
express prior approval of the Commission.

Sub-Part 4 – Concession Documents Preparation

Performance of Preliminary/Feasibility Studies

103. (1) A Concession Entity shall undertake preliminary or
prefeasibility studies to determine the feasibility of a proposed project and
the prefeasibility studies may be carried out in consultation with the Minister
responsible for Economic Affairs and other experts whether from the private
or public sector as appropriate.

(2) The selection of any private sector entity or individual as a
consultant to assist the Concession Entity shall be in compliance with Section
70 and 71 of this Act.

Concession Bid Documents

104. (1) Prior to issuing a Request for Expression of Interest or Invitation
to Bid, the Procurement Unit shall prepare the full set of the concession bid
documents and shall submit same to the head of the Concession Entity for
review and approval by the Inter-Ministerial Concessions Committee.

(2) The Inter-Ministerial Concessions Committee shall establish the
appropriate technical team to review the concession bid documents and
based on their recommendations approves or otherwise the concession bid
documents.

Scope of Concession Documents

105. The concession bid documents shall, at a minimum include the
following:

(a) Project information memoranda which shall cover, but
not limited to the following:

Public Procurement and Concessions Act
66 i. the background of the Project
ii. objectives of the proposed concession
iii. expected improvements or deliverables
iv. outline of expected project outcome and
benchmarks for measuring the attainment of
Project objectives

(b) The invitation to bid as applicable
(c) Instructions to bidders which shall include the following:

i. An indication of whether or not there will be a pre-
bid meeting and if so the date, time and venue.
ii. Criteria for examination or evaluation of bids
iii. Criteria for award of concessions
iv. Form of Agreement
v. Form of Bid
vi. Form of Bid Security and Performance Security
vii. Time and Venue for submission and opening of bids
viii. Form of Financial Proposal to be submitted
separately
ix. All relevant forms necessary for preparation of bids

(d) General and specific conditions of contract/agreement.

Notification of General Notice of Investment Opportunity, Expression of
Interest or Request for Proposals

106. Upon approval of the concession bid documents, the Procurement
Unit shall publish as required, a General Notice of Investment Opportunity,
Expression of Interest, Request for Proposals or all of them in successive
order as the context may require in accordance with the provisions of this
Act.

Mode of Publication

107. The Commission may issue guidelines regarding publications of the
General Notice of Investment Opportunity, Expression of Interest or Request
for Proposal.

Public Procurement and Concessions Act
67 Sub-Part 5 – Pre-Bid Meeting, Bid Submission and Opening

Pre-Bid Meeting

108. Where necessary, a pre-bid conference may be organized to give
prospective bidders the opportunity to seek clarification and to obtain
additional information on the requirements of the concession or clarify issues
set out in the Concession Bid document.

Particulars of the Pre-Bid Meeting
109. The date, time and venue of the pre-bid meeting shall be specified in
the Concession bid documents and shall in any case not be less than fourteen
(14) days after publication of the invitation to bid.

Submission and Opening of Bids

110. (1) All responses to the Expression of Interest and/or Invitation to
Bid whether submitted by a bidder earlier or on the same day slated for the
Bid Opening shall be opened at the same time and place and in the presence
of the bidders, their representatives or agents in attendance.

(2) The bid submission and opening shall observe the rules of bid
submission and opening under Sections 61, 62 and 63 of this Act.

(3) In the case of two envelope bidding, the Concession document
shall specify the procedure for opening of the technical and financial
envelopes.

Sub-Part 6 – Evaluation

Evaluation

111. (1) Evaluation of concession bids shall be undertaken by a
Concessions Bid Evaluation Panel that shall be constituted by the Inter-
Ministerial Concession Committee.

(2) The Procurement Unit may make recommendations to the head
of the Entity regarding the composition of the Concessions Bid Evaluation
Panel and the head of the Entity may direct that specific persons with expert
knowledge on the subject be co-opted for the effective evaluation of bids.

(3) For the avoidance of doubt the Bid Evaluation Panel to be
constituted under Section 30 of this Act for procurement shall not be

Public Procurement and Concessions Act
68 construed to be the same as the Concessions Bid Evaluation Panel referred to
in this section.

(4) Notwithstanding subsection (3) of this section, nothing in this
Act shall prevent a person who is a member of the Bid Evaluation Panel
under Section 30 of this Act, from being appointed a member of the
Concessions Bid Evaluation Panel provided the person possesses the requisite
qualification to serve in that capacity.

(5) The Concessions Bid Evaluation Panel shall be an ad hoc body
and shall be deemed to be dissolved once its report is approved by the Inter-
Ministerial Concessions Committee.

Certainty of Evaluation Criteria

112. No criteria shall be used for evaluation that was not set out in the
Concession bid documents made available to bidders and a Concession Entity
shall not change the evaluation criteria after the bids have been received.

Minimum Contents of the Evaluation Criteria

113. The evaluation shall:

(a) In respect of an Expression of Interest take into
consideration the particular requirements of the Project
and the nature of the expertise required for the proper
implementation of the Project which must have been set
out in the request for Expression of Interest.

(b) In respect of a Request for Proposals take into account
the criteria set out in the Request for Proposals which
shall in any event be designed to attain the objects of the
concession and shall include at least the following:

i. technical feasibility of the proposal
ii. effectiveness of the methods and resources to be
deployed
iii. planned improvement over the concession period
iv. the effect of the proposal on the overall strategic
objectives and national development plan spelt
out by the Ministry responsible for Economic
Affairs
v. technology transfer

Public Procurement and Concessions Act
69 vi. expected effect of the concession on national
income, employment of Liberians, the
environment, related industries and other sectors
of the economy
vii. application of Margin of Preference, where
applicable in accordance with Section 99 of this
Act.

Prohibited Criteria in Evaluation

114. The criteria for the selection of responsive bidders shall not at any
stage, include any of the following:

(a) Criteria that cannot be reasonably interpreted as a
condition meant to elicit the attainment of any of the
principles provided for under this Act.

(b) Criteria that is non-commercial in character and which
will not lead to the attainment of the objectives of the
concession arrangement.

(c) Ambiguous criteria the interpretation of which can be
subjective.

(d) A criteria or condition that leads to the grant of the
concession to particular persons or group of persons.

(e) A criteria or condition designed to facilitate the selection
of a known bidder in contravention of the competitive
process.

(f) A condition that will promote the corruption of the entire
or part of the concession procurement process.

Sub Part 7 – Post Evaluation

Evaluation Report

115. (1) The Concessions Bid Evaluation Panel shall conclude the
evaluation within sixty (60) days of the opening of the bids and shall submit
an evaluation report to the Inter-Ministerial Concessions Committee.

Public Procurement and Concessions Act
70 (2) The Evaluation Report shall at least comprise the following:

(a) A report on the responsiveness of the bids on the basis of
the requirements set out in the proposals

(b) Results of the technical evaluation

(c) Results of the financial evaluation

(d) Recommendations which shall include a statement that
the bidder with the highest overall score be invited for
negotiations and if negotiations fail with that bidder,
negotiations should be held with the next bidder in that
order till a successful bidder is selected.

(3) Due diligence of all recommended bidders undertaken as
provided in Section 116 of this Act.

(4) The head of the Entity shall not have the power to alter the
report of the Concession Bid Evaluation Panel or to request for changes in the
recommendations.

Due Diligence

116. (1) Prior to the submission of the evaluation report to the Inter-
Ministerial Concession Committee a Concession Entity shall undertake due
diligence on all responsive bidders.

(2) The extent of the due diligence shall be determined by the
Entity but shall at a minimum include a verification of the following:

(a) The capacity of the private sector entity to enter into the
concession agreement.

(b) The authenticity of the certificate of incorporation and
other statutory documents. If the private sector partner
is of a foreign origin company, the validity of the
document must be verified from the country of origin.

(c) Authenticity of the persons purporting to represent the
bidder for which purpose the public entity shall demand
a board resolution of the prospective bidder authorizing
the persons to negotiate or enter into an agreement on its
behalf.

Public Procurement and Concessions Act
71 (d) The fulfilment by the private sector entity whether
wholly foreign owned or in partnership with a local
counterpart of the requirements of the laws regulating
business operations in Liberia.
(e) Where the bidder is a consortium, proof that:

i. None of the members is disqualified under this
Act;

ii. Members of the consortium have bound
themselves to assume joint and several liabilities
for the private sector party’s obligations under the
concession agreement or in the alternative that a
member(s) of the consortium has consented to
bear the risk of the other(s) and that a copy of the
document evidencing same has been deposited
with the entity.

(f) Authenticity of the claims of technical and financial
capability made by the bidder

(3) The Concession Entity may, if appropriate engage independent
experts to carry out the due diligence.

(4) In all cases the due diligence must be concluded before the
concession’s contract comes into force.

Form of Contract

117. The form of contract for each Concession Agreement shall be
developed by the Concession Entity in collaboration with the Ministry of
Justice and endorsed by the Inter-Ministerial Concessions Committee prior to
negotiations.

Negotiations

118. (1) Within fourteen (14) days after the approval of the evaluation
report by the Inter-Ministerial Concessions Committee, the Inter-Ministerial
Concessions Committee shall constitute a Negotiations Team comprising of
technocrats and relevant experts co-opted as necessary for the conduct of the
negotiation with the highest ranked bidder.

(2) The Negotiations Team shall comprise of a team of not less than
three (3) but not more than seven (7) persons appointed by the Inter-
Ministerial Concessions Committee.

Public Procurement and Concessions Act
72
(3) The Negotiations Team shall consist of technocrats and the head
of the Concession Entity shall not be a member of the Negotiations Team.

(4) The Negotiations Team shall be responsible for ensuring that
the negotiations are concluded before the expiry of the original or extended
date of the Bid Security submitted by the Bidder.

(5) Negotiations shall be entered into with the highest ranked
bidder indicated in the evaluation report and approved by the Inter-
Ministerial Committee. In the event of the break down of the negotiations, the
Negotiation Team shall report to the Inter-Ministerial Concessions
Committee. The Inter-Ministerial Concessions Committee shall give approval
if appropriate for the commencement of negotiations with the next highest
bidder in that order of ranked bidders until negotiations are concluded and
all applicable conditions are fulfilled.

Issues to Be Considered At the Negotiations

119. (1) The Negotiations Team shall take the following into account, within
the context of existing laws, in its negotiations with the prospective
concessionaire:

(a) Responsibilities of parties under the concession

(b) Standards of performance including service, deadlines,
safety, compliance and operating/maintenance
requirements

(c) Contingency arrangements for identified risks

(d) Tax obligations

(e) Mechanisms for monitoring performance, quality of
service and other Project objectives

(f) Dispute resolution mechanisms

(g) Performance Bonds

(h) Monitoring/Reporting

(i) Reporting Requirements

(j) Social Responsibility Requirements

Public Procurement and Concessions Act
73
(k) Use Of Local Labour

(l) Capacity Building

(m) Technology Transfer

(n) The financial components including payment provisions,
the time of payment and currency of payment

(o) Responsibilities for insurance, security, operation and
maintenance where applicable

(p) Contract revision arising from material change in the
conditions of the contract

(q) Environmental Issues

(r) Termination provisions

(s) Project failure and remedies, if any

(t) Breach of contract/Events of default

(u) Provision for re-entry, buy-back transfer, reversion,
assignment and related issues

(v) Tariffs, charges, rates, fees, etc. that may be charged to
third parties, where applicable and responsibility for
fixing same

(w) Non-circumvention, confidentiality and scope of these
provisions

(x) Ownership of intellectual property, facilities or new
technologies developed

(y) Provisions which may survive termination of the contract
e.g. arbitration, confidentiality

(z) Contract amendment process

Public Procurement and Concessions Act
74 (2) The Inter-Ministerial Concessions Committee may expand on
these issues for negotiations for any particular concession, but the issues must
have been included in the concessions bid documents.

Confidentiality Agreement

120. (1) The Negotiations Team shall not commence with the negotiations
unless they have received a copy of the Confidentiality Agreement entered
into between the bidder invited for the negotiations and the entity which
restricts each of the parties from disclosing information in accordance with
internationally accepted standards of confidentiality in such cases.

Post-Contract Management

121. The Negotiation Team shall conclude post-contract management
arrangements during the negotiations and this shall at least include:

(a) Mechanisms for monitoring performance of the terms
and conditions of the agreements
(b) Reports to be submitted on periodic basis and the
methods for authentication of the reports
(c) Asset maintenance and improvement requirements if any
(d) Arrangement for handling public complaints

Regulations Pertaining to Mining and Petroleum Concessions

122. (1) Without limiting the application of this Part the Commission
shall not later than one hundred and eighty (180) days after the coming into
force of this Act ensure that regulations are issued so as to bring the
procedure for the issue of prospecting, reconnaissance and exploration
licenses for petroleum and mining concessions under any existing law in
conformity with this Part of this Act.

(2) In the performance of its functions under subsection (1) of this
section the Commission shall ensure that the issue of any license for
prospecting, reconnaissance and exploration shall be done in a competitive
manner and without the grant of a monopoly to any party.

Public Procurement and Concessions Act
75 PART VII – RULES ON DISPOSAL OF STORES, PLANT
AND EQUIPMENT

Authority to Dispose

123. (1) A department with obsolete stores or unserviceable equipment
and plant shall send a disposal request to the Minister responsible for
Finance.

(2) The Minister responsible for Finance shall if satisfied, authorize
the head of the entity to convene a disposal committee comprising
representatives of the entity and persons with relevant expertise and the
board shall after carrying out inspection recommend the best method of
disposal in accordance with Section 124.

(3) The committee’s recommendations shall be subject to approval
of the head of entity.

Disposal Procedures

124. (1) Disposal of obsolete and surplus items consistent with
applicable guidelines provided by the Commission, pursuant to the Disposal
Committee shall be by:

(a) Transfer to government departments or other public
entities, with or without financial adjustment;

(b) Sale by public tender to the highest tender, subject to
reserve price;

(c) Sale by public auction, subject to minimum acceptable
price;

(d) Destruction, dumping, or burying or such forms of
disposal as appropriate.

(2) Other than the methods of disposal under subsection 1 (a), (b)
and (c), any form of disposal including those set out under subsection 1 (d)
shall only be done with the written approval of the Environmental Protection
Agency.

(3) The Commission may in consultation with the Minister
responsible for Finance prescribe further procedures for disposals but the
Commission shall not have the power to make any guidelines or regulations
in respect of subsection (1) (d) of this section.

Public Procurement and Concessions Act
76 PART VIII – COMPLAINTS AND REVIEW PROCESS

Right to Review

125. (1) The following shall have the right to lodge a complaint in
pursuit of this Act.
(a) Any bidder who has suffered or is at the risk of suffering
a loss or damage as a result of the breach of this Act or in
any procurement process;

(b) Any person who has grounds to believe that he or she or
the Entity he or she represents has been prevented from
becoming a bidder;

(c) Any person who has reason to believe that there has been
a breach of this Act;

Shall have a right to lodge a complaint to the Procuring or Concession Entity
and may seek review or redress from the Entity in the first instance or from
the Commission if he or she is dissatisfied with the Entity’s decision or its
failure to decide within the time stipulated in subsection (4) of this section.

(2) A complaint or request for review shall not be entertained
unless the complainant:

(a) Submits the complaint in writing
(b) Has stated his or her particulars and the means by which
he or she may be reached
(c) Has stated the nature of the grievance and, where
applicable, part of the process from which the complaint
arose.

(3) Notwithstanding subsection (1), the following shall not form the
subject of any complaint and the Commission and entities shall not have the
authority to review complaints arising from any of the following:

(a) The Entity’s choice of a procurement or concession
method unless the complaint is about a contravention of
this Act in the choice of the method;
(b) A decision by the Entity to reject all bids unless the
complaint is supported by evidence that the decision to
reject the bids was made in contravention of this Act.

Public Procurement and Concessions Act
77 (4) The entity shall on receipt of a complaint investigate the
complaint and shall communicate its decision to the complainant within
fourteen (14) days of receipt of the complaint.

(5) The Entity’s response to the complaint shall be in writing and
shall state:

(a) The reasons for the decision; and

(b) Whether the complaint is upheld in whole or in part

(c) Indicate the corrective measures that are to be taken
where applicable

Further Review

126. (1) A person entitled to seek review with the Commission shall
lodge a further complaint to the Commission as of right and nothing in this
Act or in any other law shall derogate from the right of a qualified person to
seek further review with the Commission.

(2) Upon receipt of a complaint, the Commission shall inform the
entity of the receipt of a complaint and the particulars of the complaint and
may invite the entity to provide information as required.

(3) All complaints to the Commission shall be reviewed by the
Complaints, Appeals and Review Panel of the Commission in accordance
with this Part and rules of procedure made in pursuit of this Act.

Decision Of The Complaints, Appeals And Review Panel

127. Except where a contract has already been entered into in accordance
with this Act, the Commission may in accordance with the decision of the
Complaints, Appeals and Review Panel:

(a) Prohibit the Procuring Entity from acting in an unauthorized
manner or from following incorrect procedures

(b) Revise or amend an unlawful decision of any Procurement
or Concession Entity

(c) Annul in whole or in part any unlawful act or decision
under a procurement or concession process.

Public Procurement and Concessions Act
78 (d) Replace the Entity’s decision with the decision of the
Complaints, Appeals and Review Panel.

(e) Terminate the proceeding.

Rules Applicable To Review Proceedings

128. (1) Where the complaint emanates from a bidder or is made in
connection with any bid proceedings, the head of the Entity or the
Commission shall notify all bidders of the complaint and a copy of the
decision of the head of the entity or the Commission shall be furnished to all
bidders not later than five (5) days of the issue of the decision.

(2) A summary of the decision may be made available to the
general public by or in consultation with the Commission.

(3) The decision of the Complaints, Appeals and Review Panel shall
be final and may be appealed only in a Court of competent jurisdiction.

Suspension Of Procurement Proceedings

129. (1) Except in the case of emergency, any entity which receives a
complaint other than a request for further review under subsection (3) of this
section shall immediately suspend the procurement or concession
proceedings for thirty (30) days provided the complaint –

(a) Is not frivolous;
(b) Contains a declaration which demonstrate that the
bidder will suffer irreparable damage if the suspension is
not granted; and
(c) In the entity’s view the complaint is likely to succeed and
the grant of the suspension will not cause
disproportionate harm to the Procurement or Concession
Entity or to other bidders.

(2) The Commission may make rules to regulate complaints and
reviews and the rules shall be consistent with the laws regulating
administrative procedures for the time being in force.

Public Procurement and Concessions Act
79 PART IX – GENERAL PROVISIONS

Code of Conduct

130. The Commission shall compile and publish a code of conduct for the
purposes of this Act

Conduct of Procuring Entities, Public Officials and Their Representatives

131. (1) Any public officer involved in requisitioning, planning,
preparing and conducting procurement proceedings and administering the
implementation of contracts, shall –

(a) Discharge his or her duties impartially so as to ensure
fair competitive access to public procurement by bidders.

(b) Always act in the public interest and in accordance with
the object and procedures set out in this Act.

(c) At all times avoid conflict of interest and the appearance
of conflicts of interest, in carrying out his or her duties
and shall immediately disclose any conflict of interest
and excuse himself or herself from any involvement in
the matter.

(d) Not commit or abet corrupt or fraudulent practices,
coercion or collusion, including the solicitation or
acceptance of any inducements.

(e) Keep confidential the information that comes into his or
her possession relating to procurement proceedings and
to bids, including bidders’ proprietary information.

(f) Not take up a position of authority in any private
concern with which he or she undertook procurement
activities for a period of three (3) years after departure
from the Procuring Entity.

(2) Public officers of a Procuring Entity, or their close relatives,
shall not participate as bidders in the procurement proceedings of the
Procuring Entity.

(3) A Procuring Entity shall reject a bid if the bidder offers, gives or
agrees to give an inducement and promptly notify the rejection to the bidder
concerned, the Commission and to the relevant law enforcement authorities.

Public Procurement and Concessions Act
80
(4) The Procuring Entity shall not award a contract to a bidder who
is responsible for preparing the specifications or bidding documents for the
contract or supervising the execution of a contract, or to any affiliate of such a
bidder; but this subsection shall not apply to bidders who jointly or severally
are complying with their obligations under a turnkey or design and build
contract.

(5) A public officer shall recuse himself or herself from any
participation in a procurement proceeding where a bid has been submitted by
a bidder who is a close relative of the public officer, or by a bidder by whom
the public officer or the close relative is employed in a management capacity,
or as an agent or in which he or she is member of the board of directors, or
has a financial interest.

(6) Any recusal under subsection (5) shall be effected immediately
the public officer becomes aware of the submission of such a bid and the
requirement under subsection (5) of this section shall extend to the
administration and management of any procurement contract awarded to
such a bidder.

(7) All public officers and other persons involved in public
procurement shall, in accordance with this Act and other applicable
legislation –

(a) provide full cooperation and disclosure of their interest
in any matter being considered by or on behalf of the
Commission to the Commission and the Auditor-
General, and other authorities exercising monitoring and
supervisory jurisdiction over public funds pursuant to
the laws of Liberia;

(b) not later than sixty (60) days from assuming
responsibility and thirty (30) days after leaving office,
make a declaration of their assets and liabilities in such
form as the Commission may determine and the
declaration shall be updated annually as well as
whenever there is a substantial change in assets and
liabilities.

Conduct of Bidders and Suppliers

132. (1) A bidder or supplier shall at all time abide by their obligations
under this Act, the regulations, contracts, and other instruments applicable to
their conduct and activities related to procurement.

Public Procurement and Concessions Act
81
(2) A bidder or a supplier shall not engage in or abet corrupt or
fraudulent practices, including the offering or giving, directly or indirectly, of
any inducement, the misrepresentation of facts in order to influence a
procurement process or the execution of a contract, or interference in the
ability of competing bidders to participate in procurement proceedings.

(3) Bidders shall not engage in any activity, prior to or after bid
submission, designed to deprive the Procuring Entity of the benefits of free
and open competition, including, but not restricted to, collusion over bidding
for opportunities and price fixing, and coercive, corrupt or fraudulent
practices.

(4) Bidders and suppliers who engage in fraudulent, corrupt or
coercive practices in connection with public procurement are subject to
prosecution pursuant to this Act and other relevant legislation for the time
being in force.

(5) It shall be an offence under this Act for a private sector person who
is involved in the prefeasibility studies or subsequently involved as an expert
in the concession procurement process to have any interest in any form in a
bidder or concessionaire or be associated with a concessionaire or any bidder
for the same concession or to use any date or information obtained for private
gain or to disclose same to unauthorized persons.

Records

133. Written records shall be kept of the bid opening and the records shall
include the following

(a) Minutes of the meeting including a list of all present and
who shall be entitled to receive copies of the minutes of
the bid opening.

(b) A form showing the submission or otherwise of the core
requirements of Request for Proposals by the bidders
including:

i. Technical and Financial offers – separate
envelopes
ii. Bid security as required
iii. Duly signed Form of Bid by a person authorized
to sign or having a power of attorney thereof.

Public Procurement and Concessions Act
82
Guidelines, Regulations, Manuals and Detailed Instructions

134. (1) The Commission may issue detailed instructions, guidelines,
regulations and related documents to give effect to this Act.
(2) Only the Commission is authorized to prepare and issue regulations
and guidelines in order to fulfill the objectives of this Act and to carry out the
provisions of this Act, and any regulations or guidelines that contradict or is
otherwise inconsistent with any of the provisions of this Act shall, to the extent of
such contradiction or inconsistency be void.
(3) For the purposes of this Act, and in furtherance of this section, the
Commission may make Regulations, Guidelines, Policies including but not limited
to:
(a) Standard bidding documents, Request for Proposals and other
formats to be used on a mandatory basis by Procuring Entities
and Concession Entities.
(b) The preparation and submission of bids;
(c) The provision for the manner of publication of notices for
procurement contract awards;
(d) The Margin of Preference in the evaluation of bids;
(e) the preparation and submission of applications to pre-qualify
for a tender;
(f) Detailed procedures for selection of consultants;
(g) The procurement process where one Entity or a specially
appointed agent is to procure items on behalf of another
entity;
(h) Amend the threshold for procurement methods and award of
contracts as per the Schedule to this Act;
(i) Sample formats of the Procurement Plans; and
(j) On any other matter connected with public procurement.
(4) In issuing the standard bidding documents for the purposes of this Act
the Commission shall be guided by the need for standard bidding
documents for the following:
(a) Goods –National Competitive Bidding, International
Competitive Bidding and for health sector
(b) Works – National Competitive Bidding, International
Competitive Bidding and small works
(c) Services – Request for proposal for services and consultants
(d) Concessions

Modifications

135. (1) Except in cases of extreme urgency, where there will be an aggregate
increase in the original amount of any contract by more than ten (10) percent of the
original contract price, a Procuring Entity shall request the appropriate approving

Public Procurement and Concessions Act
83
authority for variation, extension, modification or variation of contract as may be
required.

(2) Subject to sub-section (3) and (4) of this section, nothing in this Act
shall derogate from an Entity’s right, considering the circumstances and with the
prior approval of the Commission, to vary a contract which has commenced by the
omission of part of the contract in order to save the country from further losses.

(3) No variation of omission shall be done without the prior written
approval of the Commission acting in consultation with the Minister responsible for
Finance.

(4) The Commission and the Minister responsible for Finance shall at all
time base their decisions on the need to curtail losses which will otherwise be
incurred if part or all of the remaining part of the contract is not omitted.

(5) It shall be an offence under this Act for part of any contract to be
varied by omission with the view to awarding it to another person other than a
person selected through a competitive bidding process for the omitted parts.

Request for Information By The Commission

136. Every Procuring Entity shall provide the Commission with such information
as the Commission may require in writing, regarding procurement or concession
engaged in by the Entity.

Statutory Audits

137. (1) The Auditor-General shall conduct annual audits of the procurement
activities of Entities and shall furnish copies of reports on the audits to the
Commission.

(2) The Auditor-General or an independent Entity shall at the request of
the Commission also carry out specific audits into the procurement activities of
Entities and compliance by successful bidders with the procurement requirements of
this Act and regulations made under this Act.

(3) The statutory audit of procurement activities may be relied upon by
the Commission to institute measures to improve the procurement or concession
process.

Offences Relating To Procurement

138. (1) Any person who contravenes any provision of this Act commits an
offence and a person convicted under this Act shall, upon summary conviction be
liable to a fine or a term of imprisonment not exceeding two (2) years or to both.

Public Procurement and Concessions Act
84 (2) In addition to other offences under this Act, the following shall
also constitute offences under this Act.

(a) Entering or attempting to enter into a collusive agreement,
whether enforceable or not, with any other bidder;

(b) Directly or indirectly influencing in any manner or
attempting to influence in any manner the procurement or
concession process to obtain an unfair advantage in the
award of a procurement contract;

Review of Threshold Levels

139. The threshold levels specified in the Schedule shall be reviewed by
the Commission by means of a Legislative Instrument as and when required.

Public Access

140. The Executive Director of the Commission shall ensure that
administrative rulings of the Complaints, Appeals and Review Panel and
directives of the Commission that are of general application under this Act
are promptly made available to the public.
Repeals and Amendments
141. (1) By the enactment of this Act, the following laws and regulations
are hereby repealed, amended or otherwise affected as set out in this section.
(a) The following chapters of the Act adopting a new
General Business Law are hereby repealed:
i. Chapter 2 – by the deletion of the following
portion from subsection (2) of Section 2.1 of
Chapter 2 of the Act Adopting A New General
Business Law viz:

“… nor to any person who operates under a concession
previously or hereafter granted by the Liberian
Government to the extent that such concession permits
monopolization of any field of trade, commerce,
business or industry.”

iii. Chapter 8 – Importation of Cement is hereby
repealed in its entirety.

Public Procurement and Concessions Act
85 (b) Chapter 80 of the Executive Law, Management and
Disposals of Government Property is hereby repealed in
its entirety.

(c) The Guidelines of the Liberia National Bidding
Committee for Selection of Construction Contractors and
Consulting Engineers/Architectural Firms is hereby
repealed in its entirety.

(d) Articles IV (M), IV (N), (O), VI and X of Liberia Rubber
Development Authority are hereby repealed.

(e) The Act to Reinforce the Powers of the National Bidding
Committee created towards the development and
upliftment of Liberian Construction Industry is hereby
repealed in its entirety.

(f) Section 52.2 (e) of the Ministry of Rural Development Act
is hereby repealed.

(2) The following laws are hereby affected as follows:

(a) Sub-Section 88.2 (5) of the Act to Amend the Public
Authorities Law to create the Liberia Water and Sewer
Corporation in respect of the Corporation’s capacity to
grant concessions shall be exercised in accordance with
the provisions of Part VI of this Act.

(b) An Act Creating The National Investment Commission
Repealing The Act Of Legislature Creating The Liberian
Development Corporation, Transferring The Assets Of
The Liberian Development Corporation To The National
Investment Commission, And Transferring The
Functions Of The Concession And The Investment
Commission And The Secretariat Of The Said
Commission To The National Investment Commission;
Approved September 1979 – Is hereby affected by the
deletion of all matters relating to concessions from that Act
except as permitted to be performed by the National Investment
Commission under the provisions of Part VI of this Act.

(c) The Act Adopting A New Minerals And Mining Law
Part 1, Title 23, Liberian Code Of Laws Revised;
Approved April 2000 is affected as follows:

Public Procurement and Concessions Act
86
i. Notwithstanding any provisions under that Act,
its interpretation, operation and application in
respect of concessions shall be subject to the
provisions of Part VI of this Act.

ii. The entitlement or eligibility to mineral rights
under sections 4.1 and 4.2 of chapter 4 of that Act
to the extent that it leads to the grant of a mining
concession shall be subject to the provisions of
Part VI of this Act.

iii. The powers granted the Minister responsible for
Mines, Lands and Energy under sections 21.2 and
21.3 of chapter 21 of that Act shall be subject to the
provisions of this Act and shall only be exercised
in consultation with the Commission and any
regulation issued by the Minister referred to in
that Act in respect of concessions shall, to the
extent of any inconsistency with this Act be void.

iv. Any power granted any person, body or entity in
respect of mining, exploration or the extraction of
any natural resource shall be exercised in
accordance with Part VI of this Act.

(d) Chapter 51 of the Executive Law: The General Services
Agency, Sections 51.2 (a), (b) and (c); 51.4, 51.5 and 51.6
are hereby affected by the deletion of all matters relating
to the procurement, disposal and sales, supplies of assets
and materials of Government agencies and institutions,
subject to the provisions of this Act.

(e) Chapter 27 of the Executive Law: Ministry of Public Works,
Section 27.2 subsections (a), (b) and (c) are hereby affected
subject to the provisions of this Act in respect of all matters
relating to the procurement of goods, works and services.

(f) Section 4 (f), (g), (i) of the Act Creating the Forestry
Development Authority is hereby affected subject to the
provisions of this Act.

Public Procurement and Concessions Act
87
Transitional Provisions and Previous Acts

142. (1) Notwithstanding the amendments, revocation and repeal of
enactments stated in Section 141, any contracts, order, decisions or anything
made or done by a body which, until the coming into force of this Act, was
charged with the performance of any of the functions under this Act shall, be
valid and continue to be in force as if it was made or done under this Act.

(2) Where in the view of the Commission the continued validity of
any contract, order, decisions, or anything done or made by a body under
subsection (1) above violates any law, order or decisions before the coming into
force of this Act, the Commission may take the appropriate steps to rectify the
inconsistency to the extent permissible and consistent with this Act.
(3) Any existing procurement procedures or regulations, including the
Interim Public Procurement Policy and Procedures (IPPPP) of July 2004,
Executive Order No. 3, followed by procuring entities shall become null and void
after the coming into force of this Act.
Unfinished Business

143. Notwithstanding the coming into force of this Act, Bid Committees or any
Entity involved in an unfinished procurement or concession immediately before
the coming into force of this Act shall, subject to the prior approval of the
Commission continue through the completion of the unfinished procurement or
concession.

Coming Into Force
144. (1) Notwithstanding, the enactment of this Act by the National
Transitional Legislative Assembly and the approval of the Act by the Chairman
of the National Transitional Government of Liberia, this Act shall become
effective:
a. On the expiration of the Accra Comprehensive Peace Accord (ACPA) and
the Contract and Monopolies Commission (CMC) established under the
ACPA ceases to exist, and;
b. Concomitantly with the inauguration of an elected government as of
January 2006.
(2) Upon the coming into force of this Act, it shall supersede any other
law, regulations, guidelines, directives and such other instruments guiding
public procurement and concessions and any such law, regulations, guidelines or
instrument of any form found to be inconsistent with any provision of this Act
shall, to the extent of the inconsistency be void.

Public Procurement and Concessions Act
88
SCHEDULE
THRESHOLDS
1. Contract awards shall be published when the estimated value of the
contract is above:
a. In the case of contracts for the procurement of goods, US$25,000
b. In the case of contracts for the procurement of services,
US$10,000
c. In the case of contracts for the procurement of works, US$50,000
2. Shopping Procedures shall be used when the estimated value of the
procurement is below:
a. In the case of contracts for the procurement of goods, US$2,000
b. In the case of contracts for the procurement of services,
US$2,000
c. In the case of contracts for the procurement of works, US$10,000
3. National Competitive Bidding shall be used when the estimated
value of the procurement is below:
a. In the case of contracts for the procurement of goods,
US$100,000
b. In the case of contracts for the procurement of services,
US$50,000
c. In the case of contracts for the procurement of works,
US$200,000
4. International Competitive Bidding shall be held when the estimated
value of the procurement exceeds:
a. In the case of contracts for the procurement of goods,
US$100,000
b. In the case of contracts for the procurement of services,
US$50,000

Public Procurement and Concessions Act
89
c. In the case of contracts for the procurement of works,
US$200,000
5. Approval of Contract Awards (values in US$)
The solicitation of Expressions of Interest is required when the
estimated value of the consultants’ services is US$100,000.

Type of Contact
Contract Value
(Threshold)

Authority Approving
Proposed Contract Award

Less than
US$10,000
Head of Procuring Entity
Goods

Over US$10,000 Procurement Committee

Less than
US$50,000
Head of Procuring Entity
Works /
Technical
Services
Over US$50,000 Procurement Committee

Less than $10,000
Head of Procuring Entity
Consulting
Services
Over $10,000 Procurement Committee

6. Contracts over $150,000
The Commission shall be notified of proposed contract awards over
$150,000 and the contract shall not be signed until at least fourteen (14)
days after the date of the notice
7. Contracts over US$ 250,000
The Ministry of Finance shall take part in negotiations of contracts over
US$ 250,000 for information purposes only.

ANY LAW TO THE CONTRARY NOTWITHSTANDING

-->