The Public Procurement (Amendment) Act, 2023

An Act to amend the Public Procurement Act, 2020. [26th December, 2023
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Public Procurement
(Amendment) Act, 2023, and shall be read as one with the Public
Procurement Act, 2020 in this Act referred to as the principal Act. 2. Section 2 of the principal Act is amended by the—
(a) deletion of the definitions of “international procurement
agreement”, “limited bidding” and “limited selection”
and the substitution therefor of the following definitions
in the appropriate places in alphabetical order:
“international procurement agreement” means a
convention, treaty or other agreement to which
Zambia is a State party which requires the
Government to contribute its resources in any
form to any procurement activities within the
Republic, wholly, partially, jointly or severally;
“limited bidding” means a procurement method for
goods, works and non-consulting services
where bids are obtained by direct invitation to a
shortlist of bidders; and
“limited selection” means a procurement method for
consulting services where bids are obtained by
direct invitation to a shortlist of bidders;;
Public Procurement (Amendment) [No.

rocurement method for
consulting services where bids are obtained by
direct invitation to a shortlist of bidders;;
Public Procurement (Amendment) [No.

17 of 2023 283
Enactment
Short title
Act No. 8 of
2020
Amendment
of section 2
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K24.00 each. GOVERNMENT OF ZAMBIA
ACT
No. 17 of 2023
Date of Assent: 22nd December, 2023

m the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K24.00 each. GOVERNMENT OF ZAMBIA
ACT
No. 17 of 2023
Date of Assent: 22nd December, 2023

Public Procurement (Amendment)284 No. 17 of 2023]
(b) deletion of the definition of “procurement agreement”; and
(c) by the insertion of the following new definition in the
appropriate place:
“Government to Government procurement” means a
procurement undertaken in accordance with an
agreement between the Republic and a foreign
State;. 3. Section 3 (2) and (3) of the principal Act is amended by the
deletion of the words “defence or international relations” wherever
the words appear and the substitution therefor of the words “defence,
currency or international relations”. 4. Section 4 (1) and (2) of the principal Act is amended by the
deletion of the words “and the Treasury” wherever the words appear. 5. Section 12 (4) of the principal Act is amended by the
deletion of the word “Authority” and the substitution therefor of the
words “relevant approvals authority”. 6.

of the principal Act is amended by the
deletion of the word “Authority” and the substitution therefor of the
words “relevant approvals authority”. 6.

Section 14 of the principal Act is amended—
(a) in subsection (3), by the deletion of paragraph (i) and the
substitution therefor of the following:
(i) an Appeal Form;; and
(b) by the deletion of subsection (5) and the substitution therefor
of the following:
(5) The information contained in the standard
procurement documents shall not be confidential
except—
(a) the contents of expressions of interest,
pre-qualification applications, bids,
proposals, note taking books, minutes
of bid evaluation meetings, comments
or remarks on each expression of
interest, pre-qualification application,
bid or proposal after the contractor
selection result is published;
(b) a request for clarification of bids or
proposal made by the procuring entity
and responses to those requests
submitted by bidders during the bid
evaluation process after publication
of the contractor selection results;
Amendment
of section 3
Amendment
of section 12
Amendment
of section 14
Amendment
of section 4

s after publication
of the contractor selection results;
Amendment
of section 3
Amendment
of section 12
Amendment
of section 14
Amendment
of section 4

(c) reports made by the procuring entity,
by the evaluation team, appraisal
reports, reports of consultants or
other related reports in the selection
process after publication of the
contractor selection results; and
(d) other relevant documents in the
selection process that are marked
“confidential” in accordance with this
Act, or other written law. 7. Section 15 (2) (a) of the principal Act is amended by the
deletion of the word “except”. 8. Section 17 (3) of the principal Act is amended by the deletion
of paragraph (e). 9. Section 18 (4) of the principal Act is amended by the deletion
of paragraph (a) and the substitution therefor of the following:
(a) a bidder contravenes subsection (1), that bidder is
disqualified, on procedures as prescribed, from
participating in any existing procurement proceeding;. 10. Section 19 (6) of the principal Act is amended by the
deletion of the words “person or a relative” and the substitution
therefor of the words “person, relative or associate”. 11.

pal Act is amended by the
deletion of the words “person or a relative” and the substitution
therefor of the words “person, relative or associate”. 11.

The principal Act is amended by the deletion of section 29
(2) and the substitution therefor of the following:
(2) A controlling officer or Chief executive officer shall
inform the Authority of the membership of the Procurement
Committee not later than fourteen days of the date of
appointment of the Procurement Committee or of any
change in the membership of the Procurement Committee. 12. Section 34 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) The following stages of the procurement process
require the prior authorisation of the relevant approvals
authority:
(a) the use of the limited or direct bidding methods of
procurement, except where direct bidding is on
the grounds of the low value;
Amendment
of section 15
Amendment
of section 17
Amendment
of section 18
Amendment
of section 19
Amendment
of section 29
Amendment
of section 34
Public Procurement (Amendment) [No. 17 of 2023 285

17
Amendment
of section 18
Amendment
of section 19
Amendment
of section 29
Amendment
of section 34
Public Procurement (Amendment) [No. 17 of 2023 285

(b) the use of the limited or direct selection methods
of procurement, except where direct selection
is on the grounds of low value;
(c) solicitation documents prior to their issue;
(d) evaluation reports prior to any further bid opening,
the subsequent stage of evaluation or notification
of award;
(e) any other documents incorporating contract award
recommendations, such as reports on
negotiations, prior to notification of award;
(f) amendments to contracts prior to their issue;
(g) the cancellation of procurement proceedings; and
(h) the termination of a contract. 13. The principal Act is amended by the repeal of section 36
and the substitution therefor of the following:
36. A procuring entity may, in accordance with this
Act, as prescribed, appoint a procurement agent or
procurement service provider to carry out procurement
functions on its behalf. 14. Section 37 of the principal Act is amended by the insertion
of the following new paragraph immediately paragraph after (o):
(p) Government to Government procurement. 15.

rincipal Act is amended by the insertion
of the following new paragraph immediately paragraph after (o):
(p) Government to Government procurement. 15.

Section 39 of the principal Act is amended—
(a) by the deletion of subsection (2) and the substitution therefor
of the following:
(2) Participation in open national bidding shall
be limited to citizen and local bidders, except that
citizen bidders shall be given priority in the
evaluation of bids as prescribed.;
(b) in subsection (4) by the insertion of the following new
paragraphs immediately after paragraph (b):
(c) engaging an original equipment manufacturer or
original product manufacturer may reduce on
third party associated costs, ensure delivery
reliability and quality assurance; or
Use of
procurement
agent or
service
provider
Amendment
of section 37
Amendment
of section 39
Repeal and
replacement
of section 36
Public Procurement (Amendment)286 No. 17 of 2023]

ervice
provider
Amendment
of section 37
Amendment
of section 39
Repeal and
replacement
of section 36
Public Procurement (Amendment)286 No. 17 of 2023]

(d) a procuring entity operates in a specialised industry
and the goods, works or non consulting services
to be procured are of a specialised nature.; and
(c) in subsection (7), by the deletion of the word “shall” and
the substitution therefor of the word “may”. 16.

ured are of a specialised nature.; and
(c) in subsection (7), by the deletion of the word “shall” and
the substitution therefor of the word “may”. 16.

Section 41 of the principal Act is amended —
(a) in subsection (2) by the insertion of the following new
paragraph immediately after paragraph (b):
(c) a procuring entity operates in a specialised industry
and the consulting services to be procured are
of a specialised nature.;
(b) by the deletion of subsection (3) and the substitution
therefor of the following:
(3) Participation in open national selection
shall be limited to citizen and local bidders, except
that citizen bidders shall be given priority in the
evaluation of proposals as prescribed.;
(c) by the insertion of the following new subsection immediately
after subsection (3):
(4) A local bidder awarded a procurement
contract in accordance with subsection (3) shall
partner with a citizen supplier.;
(d) in subsection (5) by the deletion of the word “shall” and
the substitution therefor of the word “may”; and
(e) by the renumbering of subsections (4), (5) and (6) as
subsection (5), (6) and (7), respectively. 17. The principal Act is amended by the repeal of section 48
and the substitution therefor of the following:
48.

ction (5), (6) and (7), respectively. 17. The principal Act is amended by the repeal of section 48
and the substitution therefor of the following:
48.

(1) The objective of electronic reverse auction is
to enable a procuring entity to seek competitive pricing by
inviting pre-qualified suppliers to participate in a real time
dynamic online procurement proceeding. (2) A procuring entity may use electronic reverse
auction, if—
(a) it is feasible for the procuring entity to formulate
a detailed description of the subject matter
of the procurement;
Amendment
of section 41
Repeal and
replacement
of section 48
Electronic
reverse
auction
Public Procurement (Amendment) [No. 17 of 2023 287

rocurement;
Amendment
of section 41
Repeal and
replacement
of section 48
Electronic
reverse
auction
Public Procurement (Amendment) [No. 17 of 2023 287

(b) there is a competitive market of bidders
anticipated to be qualified to participate in
the electronic reverse auction to ensure
effective competition; and
(c) the criteria to be used by the procuring entity in
determining the successful bid are
quantifiable and can be expressed in monetary
terms. (3) A procuring entity shall only qualify to use the
reverse auction method if it has—
(a) a procurement portal; and
(b) an appropriate secure software with electronic
procurement capabilities and functionalities
approved by the Authority. 18. Section 51 of the principal Act is amended—
(a) in subsections (1) and (2) by the deletion of the words
“Government agency” wherever the words appear and
the substitution therefor of the words “procuring entity”;
and
(b) by the insertion of the following new subsection
immediately after subsection (2):
(3) Section 89 of this Act shall not apply to
purchases under this section. 19. The principal Act is amended by the insertion of the
following new section immediately after section 51:
51A.

ply to
purchases under this section. 19. The principal Act is amended by the insertion of the
following new section immediately after section 51:
51A.

The objective of Government to Government
procurement is to enable a procuring entity to acquire goods,
works or services from a foreign State and to benefit from
the expertise and development experience from that foreign
State. 20. Section 56 of the principal Act is amended—
(a) in subsection (2)—
(i) by the deletion of paragraph (a); and
(ii) the re-numbering of paragraphs (b) and (c) as
paragraphs (a) and (b), respectively; and
Amendment
of section 51
Insertion of
section 51A
Government
to
Government
procurement
Amendment
of section 56
Public Procurement (Amendment)288 No. 17 of 2023]

of section 51
Insertion of
section 51A
Government
to
Government
procurement
Amendment
of section 56
Public Procurement (Amendment)288 No. 17 of 2023]

(b) in subsection (3) by the deletion of the words “or funds
are available for the procurement”. 21. The principal Act is amended by the repeal of section 66
and the substitution therefor of the following:
66. (1) A procuring entity shall establish an evaluation
committee for the purposes of electronic or non-electronic
evaluation of bids. (2) The composition, functions, procedures and sittings
of an evaluation committee shall be prescribed. (3) The evaluation methodology and criteria shall be
done in accordance with this Act and may be determined
by—
(a) the type, value and complexity of the procurement;
(b) the price;
(c) the cost of operating, maintaining and repairing
goods or of construction;
(d) the time of delivery of the goods, of construction
or provision of services;
(e) the characteristics of the subject matter of the
procurement;
(f)the terms of payment and guarantees relating to
the subject matter of procurement; or
(g) where relevant, the experience, reliability and
professional and managerial competence of the
supplier or contractor and of the personnel
involved in providing the subject matter of the
procurement.

professional and managerial competence of the
supplier or contractor and of the personnel
involved in providing the subject matter of the
procurement.

(4) In addition to the criteria set out in subsection (3),
the determination of the evaluation methodology may also
take into account a margin of preference for the benefit of
domestic suppliers or contractors or of domestically
produced goods, or any other preference. Evaluation
Repeal and
replacement
of section 66
Public Procurement (Amendment) [No. 17 of 2023 289

mestically
produced goods, or any other preference. Evaluation
Repeal and
replacement
of section 66
Public Procurement (Amendment) [No. 17 of 2023 289

(5) A procuring entity may request a bidder to clarify
the bid in order to assist in the evaluation, but changes in
the substance of the bid, including changes in price, shall
not be permitted—
(a) following a clarification under this section or other
provisions of this Act; or
(b) after the date and time of the closing of the bid,
unless otherwise provided for in this Act. (6) A procuring entity may correct arithmetical errors
that are discovered during the examination of the
submissions and shall promptly notify the bidder that
presented the submission of that correction. (7) A procuring entity that corrects an error in
accordance with subsection (6) shall not make a—
(a) substantive change to the qualification information
or to a submission;
(b) change aimed at making an unqualified bidder
qualified or an unresponsive submission
responsive; or
(c) change aimed at making a qualified bidder or a
responsive submission unresponsive. (8) A procuring entity shall not—
(a) engage in a negotiation with a bidder with respect
to qualification information or submissions; or
(b) make a change in the unit price following a
clarification under subsection (5) or other
provisions of this Act.

ion information or submissions; or
(b) make a change in the unit price following a
clarification under subsection (5) or other
provisions of this Act.

(9) A procuring entity may undertake a post-qualification
procedure in accordance with the criteria in the solicitation
document, to determine whether the best evaluated bidder
has the capability and resources to effectively carry out the
contract. (10) A procuring entity shall prepare an evaluation report
for submission to the appropriate approvals authority. Public Procurement (Amendment)290 No. 17 of 2023]

ing entity shall prepare an evaluation report
for submission to the appropriate approvals authority. Public Procurement (Amendment)290 No. 17 of 2023]

22. Section 68 (4) of the principal Act is amended by the
insertion of the following new paragraph immediately after
paragraph (c):
(d) the lowest evaluated price is above the market price. 23. Section 71 (2) of the principal Act is amended by the deletion
of the word “ten” and the substitution therefor of the word “five”. 24. Section 72 of the principal Act is amended in—
(a) subsection (2) by the deletion of paragraph (e) and the
substitution therefor of the following:
(e) any other approvals required, including the legal
advice of the Attorney-General on a contract
which is above the prescribed threshold for
simplified bidding or simplified selection; and
(b) subsection (4) by the deletion of the words “Treasury and
the”. 25. Section 76 (1) of the principal Act is amended by the
insertion of the words “in writing” immediately after the words
“contract manager”. 26. The principal Act is amended by the repeal of section 77
and the substitution therefor of the following:
77. (1) Subject to section 72 (2) (e), an amendment or
variation to a contract shall not be effected without the
approval and the legal advice of the Attorney-General.

o section 72 (2) (e), an amendment or
variation to a contract shall not be effected without the
approval and the legal advice of the Attorney-General.

(2) The cumulative value of contract variation and
amendment shall not result in an increment of the total
contract price by more than twenty-five percent of the
original contract price as prescribed, except that where
the variation results in an increment exceeding twenty-five
percent, the contract shall be cancelled and the procurement
re-tendered. (3) A controlling officer or chief executive officer shall
submit a quarterly report of the varied or amended
procurement contracts to the Authority. (4) A controlling officer or chief executive officer who
contravenes subsection (3) commits an offence. Amendment
of section 68
Amendment
of section 71
Amendment
of section 72
Amendment
of section 76
Repeal and
replacement
of section 77
Amendment
or variation
of contract
Public Procurement (Amendment) [No. 17 of 2023 291

72
Amendment
of section 76
Repeal and
replacement
of section 77
Amendment
or variation
of contract
Public Procurement (Amendment) [No. 17 of 2023 291

27. Section 84 (4) (b) of the principal Act is amended by
deletion of the word “ten” and the substitution therefor of the
word “fifteen”. 28.

27. Section 84 (4) (b) of the principal Act is amended by
deletion of the word “ten” and the substitution therefor of the
word “fifteen”. 28.

Section 89 of the principal Act is amended—
(a) by the deletion of subsection (1) and the substitution
therefor of the following:
(1) A bidder is eligible to participate in a
procurement if —
(a) the bidder has the legal capacity to enter
into a contract;
(b) the bidder is solvent and not in
receivership, or any business rescue
proceedings or the subject of legal
proceedings under the Corporate
Insolvency Act, 2017;
(c) is licensed and in good standing with the
professional body to which the bidder
is aligned, where applicable;
(d) the bidder has fulfilled the bidder’s
obligation to pay taxes and social
security contributions;
(e) the bidder does not misrepresent the
bidder’s bid status in relation to a bid
by fronting or any other similar manner;
(f) the bidder’s directors or officers have
not been convicted of any criminal
offence related to professional conduct
or the making of false statements or
misrepresentations as to qualifications
for entering into a contract within a
period of five years preceding the
commencement of the procurement
proceedings;
(g) the bidder does not have a conflict of
interest in relation to the procurement
requirement;
Amendment
of section 89
Amendment
of section 84
Act No.

g) the bidder does not have a conflict of
interest in relation to the procurement
requirement;
Amendment
of section 89
Amendment
of section 84
Act No.

9 of
2017
Public Procurement (Amendment)292 No. 17 of 2023]

9 of
2017
Public Procurement (Amendment)292 No. 17 of 2023]

(h) in the case of a foreign bidder that bidder
partners with a citizen supplier; and
(i) the bidder has not been suspended or fined
and suspended from participating in
public procurement in accordance with
section 95, 96 and 97.;
(b) by the insertion of the following new subsection
immediately after subsection (1):
(2) Subsection (1)(h) does not apply to an
original equipment manufacturer or franchise
holder.;
(c) by the re-numbering of subsections (2), (3), (4) and (5) as
subsections (3), (4), (5) and (6), respectively; and
(d) by the insertion of the following new subsection immediately
after subsection (6):
(7) Despite subsections (1), (2), (3), (4) and
(5), the eligibility requirements for community
participation shall be prescribed. 29.

subsection (6):
(7) Despite subsections (1), (2), (3), (4) and
(5), the eligibility requirements for community
participation shall be prescribed. 29.

Section 93 of the principal Act is amended—
(a) by the deletion of subsection (1) and the substitution
therefor of the following:
(1) A procuring entity shall, for the purposes
of this Act and any other written law, require a
foreign or local bidder or supplier to subcontract
a percentage of the total value of the procurement
for procurements of works exceeding the
prescribed thresholds to citizen bidders and
suppliers.; and
(b) in subsection (3) by the deletion of the words “A foreign
bidder or supplier” and the substitution therefor of the
words “A local bidder or supplier and a foreign bidder
or supplier”. 30. Section 97 of the principal Act is amended—
(a) in subsection (1) by the deletion of the words “permanently
prohibit” and the substitution therefor of the words
“fine and suspend”;
Amendment
of section 93
Amendment
of section 97
Public Procurement (Amendment) [No. 17 of 2023 293

stitution therefor of the words
“fine and suspend”;
Amendment
of section 93
Amendment
of section 97
Public Procurement (Amendment) [No. 17 of 2023 293

(b) by the insertion of the following new subsections
immediately after subsection (1):
(2) A fine in subsection (1) shall be two million
penalty units or five percent of a bidder’s bid sum. (3) A bidder who is found liable for a second
time under subsection (1) shall be prohibited
permanently from participating in public
procurement. 31. The principal Act is amended by the repeal of section 99
and the substitution therefor of the following:
99. A bidder or supplier aggrieved by a decision of the
Authority may submit the matter to arbitration within ten
working days of the Authority’s decision. 32. Section 100 of the principal Act is amended in—
(a) subsection (3) by the deletion of the word “ten” and the
substitution therefor of the word “five”; and
(b) subsection 4(c) by the deletion of the word “ten” and the
substitution therefor of the word “fifteen”. 33.

tution therefor of the word “five”; and
(b) subsection 4(c) by the deletion of the word “ten” and the
substitution therefor of the word “fifteen”. 33.

Section 105 of the principal Act is amended—
(a) in subsection (5) by the deletion of the words “the employer
appropriate” and the substitution therefor of the words
“an appropriate authority”; and
(b) by the insertion of the following new subsection immediately
after subsection (5):
(6) An appropriate authority shall submit a
report to the Authority on the action taken under
subsection (4) within fourteen days of receipt of a
recommendation from the Authority. Appeal
against
decision of
Authority
Amendment
of section 100
Amendment
of section 105
Repeal and
replacement
of section 99
Public Procurement (Amendment)294 No. 17 of 2023]