Zambia National Tender Board Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE ZAMBIA NATIONAL TENDER BOARD ACT
CHAPTER 394 OF THE LAWS OF ZAMBIA
CHAPTER 394 THE ZAMBIA NATIONAL TENDER BOARD ACT
THE ZAMBIA NATIONAL TENDER BOARD ACT
ARRANGEMENT OF SECTIONS
PART I PRELIMINARYPART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II ZAMBIA NATIONAL TENDER BOARDPART II
Z AMBIA NATIONAL T ENDER BOARD

RT I PRELIMINARYPART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II ZAMBIA NATIONAL TENDER BOARDPART II
Z AMBIA NATIONAL T ENDER BOARD

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3. Establishment of Board
4. Composition of Board
5. Tenure of office and vacancies
6. Remuneration and allowances of members
7. Functions of Board
8. Committees of Board
9. Disclosure of interest
10. Immunity of members
11. Procedure and meetings
12. Seal of Board
13. Prohibition of publication or disclosure of information to unauthorised persons
PART III ADMINISTRATIONPART III
ADMINISTRATION
14. Appointment of Director
15. Secretary and other staff
16. Inspectorate unit
17. Powers of inspectors, etc.
18. Failure to comply with prescribed procedures
19. Surcharge and appeals
20. Payment and recovery of surcharge
21. Resisting or obstructing inspector, etc.
PART IV FINANCIAL AND OTHER PROVISIONSPART IV
F INANCIAL AND O THER PROVISIONS
Section
22. Funds of Board
23. Financial year
24. Books of accounts
25. Audit of accounts
26. Annual report
27. Regulations
CHAPTER 394

HER PROVISIONS
Section
22. Funds of Board
23. Financial year
24. Books of accounts
25. Audit of accounts
26. Annual report
27. Regulations
CHAPTER 394

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ZAMBIA NATIONAL TENDER BOARD Act No. 30 of 1982
13 of 1994
An Act to provide for the establishment of the Zambia National Tender Board; to
regulate and control the procurement of goods and services for the
Government and parastatal bodies; to consolidate the law relating to tenders
generally; and to provide for matters connected with or incidental to the
foregoing. [3rd August, 1990]
PART I PRELIMINARYPART I
PRELIMINARY
1. This Act may be cited as the Zambia National Tender Board Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"Board" means the Zambia National Tender Board established by section three;
"Chairman" means the Chairman of the Board appointed under section four;
"company" means a company registered under the Companies Act; Cap.

ion three;
"Chairman" means the Chairman of the Board appointed under section four;
"company" means a company registered under the Companies Act; Cap.

388
"Director" means the Director of the Board appointed under section fourteen;
"member" means a member of the Board;
"parastatal body" means a statutory corporation or body, or a company in which
the Government has a majority or controlling interest, and includes a local
authority;
"Secretary" means the person appointed under section fifteen to be Secretary to
the Board. PART II ZAMBIA NATIONAL TENDER BOARDPART II
Z AMBIA NATIONAL T ENDER BOARD

ns the person appointed under section fifteen to be Secretary to
the Board. PART II ZAMBIA NATIONAL TENDER BOARDPART II
Z AMBIA NATIONAL T ENDER BOARD

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3. There is hereby established the Zambia National Tender Board which shall be a
body corporate with perpetual succession and a common seal, capable of suing and of
being sued in its corporate name, and with power, subject to the provisions of this Act, to
do all such acts and things as a body corporate may do by law. Establishment of
Board
4. (1) The Board shall consist of a Chairman and twelve other members of whom
the following shall be ex-officio members-
Composition of Board
(a) the Secretary to the Cabinet;
(b) the Director-General of the Zambia Industrial and Mining Corporation
Limited;
(c) the Chairman of the Zambia Consolidated Copper Mines Limited;
(d) the Governor of the Bank of Zambia;
(e) the Permanent Secretary in the Ministry responsible for finance;
(f) the Permanent Secretary in the Ministry responsible for development
planning; and
(g) the Permanent Secretary in the Ministry responsible for works and supply. (2) The Chairman and the other members, other than the ex-officio members, shall
be appointed by the President.

stry responsible for works and supply. (2) The Chairman and the other members, other than the ex-officio members, shall
be appointed by the President.

(3) Where an ex-officio member is for any reasonable cause unable to attend any
meeting of the Board, he may, in writing, nominate another senior official from his
organisation to attend such meeting in his stead and the person so nominated shall be
deemed to be a member for the purpose of such meeting. 5. (1) The provisions of this section shall apply to members other than the ex-officio
members. Tenure of office and
vacancies
(2) Subject to the provisions of this section, a member shall hold office for a period
of two years:
Provided that a retiring member may be reappointed.

) Subject to the provisions of this section, a member shall hold office for a period
of two years:
Provided that a retiring member may be reappointed.

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(3) Upon the expiry of the period for which a member is appointed, he shall continue
to hold office until his successor has been appointed, but in no case shall such further
period exceed three months. (4) A member shall cease to hold office-
(a) subject to subsection (3), upon the expiry of the period for which he is
appointed or reappointed;
(b) if he is adjudged or otherwise declared to be of unsound mind;
(c) if he is adjudged or otherwise declared to be bankrupt;
(d) if he is lawfully detained or his freedom of movement is restricted under any
law in force in Zambia;
(e) if he is sentenced to a term of imprisonment exceeding six months;
(f) if he is absent from three consecutive meetings of the Board without
reasonable cause;
(g) upon the expiry of not less than one month's notice in writing of his intention
to resign given by him to the Chairman;
(h) if he is removed by the President. 6. A member other than a public officer or an employee of a parastatal body shall
be paid such remuneration or allowance as the Minister may from time to time determine.

han a public officer or an employee of a parastatal body shall
be paid such remuneration or allowance as the Minister may from time to time determine.

Remuneration and
allowances of
members
7. (1) The functions of the Board shall be to regulate and control the procurement
of goods and services for the Government and parastatal bodies. Functions of Board
(2) Without prejudice to the generality of subsection (1), the Board may-
(a) formulate rules and regulations governing the procurement of goods and
services for the Government and parastatal bodies;
(b) advertise locally and abroad tenders for the procurement of goods and
services for the Government and parastatal bodies;

nt and parastatal bodies;
(b) advertise locally and abroad tenders for the procurement of goods and
services for the Government and parastatal bodies;

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(c) regulate the procedures relating to the award of contracts on behalf of the
Government and parastatal bodies;
(d) formulate the conditions under which any rules and regulations governing
the procurement of goods and services for the Government and parastatal
bodies may be varied or waived. 8. (1) The Board may, for the purpose of carrying out its functions under this Act,
establish committees and delegate to any such committee such of its functions as it may
think fit. Committees of Board
(2) The Board may appoint as members of a committee established under
subsection (1), persons who are or are not members of the Board and such persons shall
hold office for such period as the Board may determine. (3) Subject to any specific or general direction of the Board, any committee
established under subsection (1) may regulate its own procedure. 9.

mine. (3) Subject to any specific or general direction of the Board, any committee
established under subsection (1) may regulate its own procedure. 9.

(1) If a person is present at a meeting of the Board or any committee of the
Board at which any matter is the subject of consideration and in which matter such person
or his spouse is directly or indirectly interested in a private capacity, he shall, as soon as
practicable after the commencement of the meeting, disclose such interest and shall not,
unless the Board otherwise directs, take part in any consideration or discussion of, or vote
on any question touching upon, such matter. Disclosure of interest
(2) A disclosure of interest made under this section shall be recorded in the minutes
of the meeting at which it is made. 10. No action or other proceedings shall lie or be instituted against any person for
or in respect of any act or thing done or omitted to be done in good faith in the exercise or
purported exercise of his functions under this Act. Immunity of members
11. (1) The Board shall regulate its own procedure and the validity of any
proceedings, act or decision of the Board shall not be affected by any vacancy in the
membership of the Board or by any defect in the appointment of any member or by reason
that any person not entitled so to do took part in the proceedings.

ership of the Board or by any defect in the appointment of any member or by reason
that any person not entitled so to do took part in the proceedings.

Procedure and
meetings
(2) For the transaction of its business, the Board shall meet at such places and at
such times, being not less than once every three months, as the Chairman may
determine. (3) At any meeting of the Board, one-half of the members holding office at that time
shall form a quorum.

three months, as the Chairman may
determine. (3) At any meeting of the Board, one-half of the members holding office at that time
shall form a quorum.

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(4) There shall preside at every meeting of the Board the Chairman or in the
absence of the Chairman such member as the members present may elect for the
purpose of that meeting. (5) A decision of the Board on any question shall be by a majority of the members
present and voting at a meeting of the Board and, in the event of an equality of votes, the
person presiding at the meeting shall have a casting vote in addition to his deliberative
vote. (6) Notwithstanding the provisions of subsection (5), a decision may be made by the
Board on any urgent matter by the circulation of the relevant papers among the members,
and by the expression in writing of the views of the majority thereof:
Provided that any member shall be entitled to require that any decision shall be
deferred until the matter is considered at a meeting of the Board. (7) The Board may invite any person, whose presence is in its opinion desirable, to
attend and to participate in the deliberations of a meeting of the Board but such person
shall have no vote.

presence is in its opinion desirable, to
attend and to participate in the deliberations of a meeting of the Board but such person
shall have no vote.

(8) The Board shall cause minutes to be kept of the proceedings of every meeting of
the Board and of every meeting of any committee established by the Board. 12. (1) The seal of the Board shall be such device as may be determined by the
Board and shall be kept by the Secretary. Seal of Board
(2) The Board may use a wafer or rubber stamp in lieu of the seal. (3) The affixing of the seal of the Board shall be authenticated by the Chairman and
the Secretary, or by the Chairman and one other person authorised in that behalf by a
resolution of the Board. (4) Any contract or instrument which, if entered into or executed by a person not
being a body corporate would not be required to be under seal, may be entered into or
executed without seal on behalf of the Board by the Secretary or any other person
authorised in that behalf by a resolution of the Board. (5) Any document purporting to be a document under the seal of the Board or
issued on behalf of the Board shall be received in evidence and shall be deemed to be so
executed or issued, as the case may be, without further proof, unless the contrary is
proved.

all be received in evidence and shall be deemed to be so
executed or issued, as the case may be, without further proof, unless the contrary is
proved.

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13. (1) No person shall, without the consent in writing given by or on behalf of the
Board, publish or disclose to any person, otherwise than in the course of his duties, the
contents of any document, communication or information whatsoever, which relates to,
and which has come to his knowledge in the course of, his duties under this Act. Prohibition of
publication or
disclosure of
information to
unauthorised persons
(2) Any person who knowingly contravenes the provisions of subsection (1) shall be
guilty of an offence and shall be liable upon conviction to a fine not exceeding twelve
thousand five hundred penalty units or to imprisonment for a term not exceeding three
years, or to both.

pon conviction to a fine not exceeding twelve
thousand five hundred penalty units or to imprisonment for a term not exceeding three
years, or to both.

(3) If any person having information which to his knowledge has been published or
disclosed in contravention of the provisions of subsection (1) unlawfully publishes or
communicates any such information to any other person, he shall be guilty of an offence
and shall be liable, upon conviction, to a fine not exceeding twelve thousand five hundred
penalty units or to imprisonment for a term not exceeding three years, or to both. (As amended by Act No. 13 of 1994)
PART III ADMINISTRATIONPART III
ADMINISTRATION
14. (1) The President shall appoint, on such terms and conditions as he thinks fit, a
Director who shall be the chief executive officer of the Board. Appointment of
Director
(2) The office of Director shall be an office in the public service. (3) The Director shall attend all meetings of the Board, and shall be entitled to
address such meetings, but shall not vote on any matter under discussion:
Provided that the Board may, for good cause, request the Director to withdraw from
any meeting of the Board. 15. (1) There shall be a Secretary to the Board who shall be appointed by the
Board on such terms and conditions as the Board may determine.

he Board. 15. (1) There shall be a Secretary to the Board who shall be appointed by the
Board on such terms and conditions as the Board may determine.

Secretary and other
staff
(2) The Secretary shall be responsible for the administration of the day-to-day
affairs of the Board under the general supervision of the Director.

ff
(2) The Secretary shall be responsible for the administration of the day-to-day
affairs of the Board under the general supervision of the Director.

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(3) The Board may appoint, on such terms and conditions as it may determine, such
other staff as it may consider necessary for the performance of its functions under this
Act. 16. (1) In order to ensure due compliance with the provisions of this Act, the Board
shall establish under the general supervision of the Director an inspectorate unit which
shall monitor, in accordance with the rules or regulations made under this Act, all
contracts placed by the Board, any committee established by the Board, any Government
Department or any parastatal body. Inspectorate unit
(2) The Board may appoint such inspectors and other staff to the inspectorate unit
as may be necessary for the performance of its functions under this Act. 17.

oard may appoint such inspectors and other staff to the inspectorate unit
as may be necessary for the performance of its functions under this Act. 17.

In the performance of his duties under this Act, any inspector or member of
staff of the inspectorate unit shall have-
(a) access to all books, records, returns, reports and other documents relating
to the work of any Government Department or parastatal body which is
under inspection;
(b) access at all reasonable times to the premises of any Government
Department or parastatal body which is under inspection;
(c) power to call for any relevant information from persons responsible for the
financial administration of any Government Department or parastatal body
which is under inspection:
Powers of inspectors,
etc.

ons responsible for the
financial administration of any Government Department or parastatal body
which is under inspection:
Powers of inspectors,
etc.

Provided that no inspector or member of staff of the inspectorate unit shall have
access to any books, records, returns, reports or other documents, or to any premises if-
(a) such books, records, returns, reports, other documents or premises belong
to any component of the Defence Force or the Zambia Security Intelligence
Service; or
(b) such access is likely to-
(i) prejudice the security, defence or international relations of the
Republic or the investigation or detection of offences; or
(ii) involve the disclosure of any matters or deliberations of a secret or
confidential nature of the Cabinet or of any sub-committee of the
Cabinet. 18. (1) Notwithstanding anything to the contrary contained in any written law, where
any expenditure is to be incurred on any procurement of goods or services, it shall be the
duty-
Failure to comply with
prescribed procedures
(a) in respect of a head of expenditure, of the controlling officer designated as
such for that head of expenditure under section four of the Finance (Control
and Management) Act; or
Cap. 347

of the controlling officer designated as
such for that head of expenditure under section four of the Finance (Control
and Management) Act; or
Cap. 347

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(b) in respect of a parastatal body, of the chief executive officer of that
parastatal body;
to ensure that such procurement of goods or services is in accordance with the
procedures prescribed by or under this Act. (2) Subject to the provisions of subsection (3), every controlling officer and chief
executive officer shall be accountable for failing to comply with the provisions of
subsection (1). (3) Where a controlling officer or chief executive officer satisfies the Board that he
had, in accordance with the provisions of any rules or regulations made under this Act,
delegated his functions under subsection (1) to any other person or committee, then such
other person or every member of such committee shall also be accountable for any failure
to comply with the provisions of subsection (1).

e, then such
other person or every member of such committee shall also be accountable for any failure
to comply with the provisions of subsection (1).

(4) Where a controlling officer or chief executive officer satisfies the Board that he
is, under the provisions of any written law, subject to the control or direction of any other
person, board, committee or other body, and that it was such control or direction of such
other person, board, committee or other body which caused the failure to comply with the
provisions of subsection (1), then such other person or every member of such board,
committee or other body shall also be accountable for such failure to comply with the
provisions of subsection (1). (5) In respect of any failure to comply with the provisions of subsection (1), the
Board may take such appropriate corrective or punitive measures as it may consider
necessary. 19. (1) Where the Board is satisfied that an employee of the Government or
parastatal body has caused financial loss by his recklessness, misconduct or wilful default
to follow procedures laid down in this Act or in any regulations made thereunder, the
Board shall afford such person a reasonable opportunity to furnish a written explanation
as to why he should not be surcharged with the amount of such loss.

shall afford such person a reasonable opportunity to furnish a written explanation
as to why he should not be surcharged with the amount of such loss.

Surcharge and
appeals
(2) After considering any explanation furnished under subsection (1), the Board may
surcharge such person with the amount of such loss or any part thereof, and certify in
writing to that effect. (3) Any person aggrieved by a decision of the Board made under subsection (2)
may, where the amount of surcharge is in excess of K1,000, appeal against such decision
to the High Court or to a subordinate court of competent jurisdiction. (4) The High Court or subordinate court, as the case may be, may, upon
determining any appeal lodged under subsection (3)-

of competent jurisdiction. (4) The High Court or subordinate court, as the case may be, may, upon
determining any appeal lodged under subsection (3)-

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(a) confirm, vary or quash the decision of the Board;
(b) remit the case to the Board with such directions as it thinks fit for giving
effect to the decision on appeal;
(c) make such other order as to costs or otherwise as may seem just. (5) The Chief Justice may, by statutory instrument, make rules providing for the
period within which appeals under this section may be brought and otherwise regulating
such appeals. 20. (1) The amount of every surcharge certified in accordance with subsection (4)
shall become due and recoverable from the emoluments or other financial benefits of such
employee within thirty days after a copy of the certificate has been furnished to him or, if
an appeal with respect to the surcharge has been lodged, within thirty days after the
appeal is finally disposed of or abandoned or fails by non-prosecution thereof, as the case
may be.

arge has been lodged, within thirty days after the
appeal is finally disposed of or abandoned or fails by non-prosecution thereof, as the case
may be.

Payment and recovery
of surcharge
(2) The Board may authorise the payment of a surcharge in instalments:
Provided that if default is made in the payment of any instalment, the balance of the
surcharge outstanding shall thereupon become payable in full. (3) The amount of any surcharge which is not paid shall be recoverable by the
Board as a civil debt. (4) Unless the contrary is proved, in any proceedings for the recovery of the amount
of a surcharge, a certificate issued by the Board shall be conclusive evidence of the facts
certified therein, and a certificate signed by the Secretary that the sum certified to be due
has not been paid to him shall be conclusive evidence of non-payment. 21. Any person who assaults, resists or obstructs any inspector or member of staff
of the inspectorate unit in the exercise of his powers of access or power to call for relevant
information under this Act shall be guilty of an offence and shall be liable, upon conviction,
to a fine not exceeding five thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. (As amended by Act No. 13 of 1994)
Resisting or
obstructing inspector,
etc.

y units or to imprisonment for a term not
exceeding two years, or to both. (As amended by Act No. 13 of 1994)
Resisting or
obstructing inspector,
etc.

PART IV FINANCIAL AND OTHER PROVISIONSPART IV
F INANCIAL AND O THER PROVISIONS

PART IV FINANCIAL AND OTHER PROVISIONSPART IV
F INANCIAL AND O THER PROVISIONS

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22. (1) The funds of the Board shall consist of such moneys as may- Funds of Board
(a) be appropriated by Parliament for the purposes of the Board;
(b) vest in or accrue to the Board. (2) The Board may-
(a) subject to the approval of the Minister, raise by way of loans or otherwise,
such moneys as it may require for the performance of its functions;
(b) charge and collect fees on tender and other related documents;
(c) levy fees and other charges for services provided by the Board. (3) There shall be paid from the funds of the Board-
(a) the salaries, allowances and loans of the staff of the Board;
(b) such reasonable travelling, transport and subsistence allowance for
members or members of any committee of the Board when engaged on the
business of the Board, at such rates as the Board may determine; and
(c) any other expenses incurred by the Board in the performance of its
functions. (4) The Board may invest in such manner as it thinks fit such of its funds as it does
not immediately require for the performance of its functions. 23.

4) The Board may invest in such manner as it thinks fit such of its funds as it does
not immediately require for the performance of its functions. 23.

The financial year of the Board shall be the period of twelve months ending on
the 31st December in each year. Financial year
24. (1) The Board shall keep proper books of accounts and other records relating to
its accounts. Books of accounts
(2) Such books of accounts and other records shall be open for inspection by the
Minister or any person duly authorised by him in that behalf.

ccounts
(2) Such books of accounts and other records shall be open for inspection by the
Minister or any person duly authorised by him in that behalf.

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25. (1) The accounts of the Board shall be audited annually and a detailed report
thereon submitted to the Minister and to the Board. Audit of accounts
(2) For the performance of his duties under subsection (1), the auditor to the Board
shall have access at all reasonable times to all books of accounts, records, returns,
reports and other documents relating to the Board's accounts. (3) In respect of each financial year, the auditor to the Board shall certify whether or
not-
(a) he has received all the explanations and other information necessary for
the performance of his duties;
(b) the accounts of the Board have been properly kept; and
(c) according to the explanations and other information received, and the
books of accounts, records, returns, reports and other documents relating
to the Board's accounts produced to him, the accounts of the Board reflect
a true and accurate financial position of the Board or of its profit and loss
position, for the period covered by his certification. 26.

Board reflect
a true and accurate financial position of the Board or of its profit and loss
position, for the period covered by his certification. 26.

(1) As soon as is practicable, but not later than six months after the expiry of
each financial year, the Board shall submit to the Minister a report containing a balance
sheet showing the assets and liabilities of the Board as at the last day of the financial year
to which the report relates, accompanied by an income and expenditure account for that
financial year, together with all supporting statements and returns duly certified by the
auditor to the Board. Annual report
(2) The Minister may at any time request the Board in writing to submit to him such
other reports, returns or statements, duly certified by the auditor to the Board as he may
consider necessary, and the Board shall comply with such request. (3) The Minister shall, not later than seven days after the first sitting of the National
Assembly next after the receipt of the report referred to in subsection (1) lay it before the
National Assembly. 27. (1) The Minister may, by statutory instrument, make regulations for the better
carrying out of the purposes of this Act.

re the
National Assembly. 27. (1) The Minister may, by statutory instrument, make regulations for the better
carrying out of the purposes of this Act.

Regulations
(2) Without prejudice to the generality of subsection (1), the Minister may, on the
recommendation of the Board, make rules or regulations prescribing any matter which the
Board is authorised by this Act to formulate, regulate or prescribe.

endation of the Board, make rules or regulations prescribing any matter which the
Board is authorised by this Act to formulate, regulate or prescribe.

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(3) Rules or regulations made under this Act may provide in respect of any
contravention thereof that the offender shall be liable to a fine not exceeding twenty five
thousand penalty units or to a term of imprisonment not exceeding ten years, or to both.
(As amended by Act No. 13 of 1994)
SUBSIDIARY LEGISLATION
ZAMBIA NATIONAL TENDER BOARD
T HE T ENDER REGULATIONS
PART I PRELIMINARYPART I
PRELIMINARY
Regulation
1. Title
2. Interpretation
PART II CENTRAL TENDER COMMITTEEPART II
CENTRAL T ENDER COMMITTEE
3. Establishment of Central Tender Committee
4. Composition of Central Tender Committee
5. Functions of Central Tender Committee
6. Proceedings of Central Tender Committee
PART III PROVINCIAL TENDER COMMITTEESPART III
PROVINCIAL T ENDER COMMITTEES
7. Establishment of provincial tender committees
8. Composition of provincial tender committees
9. Functions of provincial tender committees
10. Proceedings of provincial tender committees
PART IV PARASTATAL TENDER COMMITTEESPART IV
PARASTATAL T ENDER COMMITTEES

provincial tender committees
10. Proceedings of provincial tender committees
PART IV PARASTATAL TENDER COMMITTEESPART IV
PARASTATAL T ENDER COMMITTEES

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11. Establishment of parastatal tender committees
12. Small parastatal bodies
13. Composition of parastatal tender committees
14. Functions of parastatal tender committees
15. Proceedings of parastatal tender committees
PART V MINISTRY TENDER COMMITTEESPART V
M INISTRY T ENDER COMMITTEES
Regulation
16. Establishment of ministry tender committees
17. Composition of ministry tender committees
18. Functions of ministry tender committees
19. Proceedings of ministry tender committees
20. Procedure where tender committee not established in terms of part III and V
21. Tender proceedings not to apply to controlled goods, services purchased at
official price, etc. 22. Board to settle disputes
23. Delegation to other persons
PART VI FINANCIAL LIMITS FOR GOVERNMENT PURCHASESPART VI
F INANCIAL LIMITS FOR G OVERNMENT PURCHASES
24. Financial limits for Government purchases
25. Perishable or fragile goods
26. Special equipment
27. Purchase from Government Stores Department
28.

24. Financial limits for Government purchases
25. Perishable or fragile goods
26. Special equipment
27. Purchase from Government Stores Department
28.

Running contracts at fixed prices
PART VII FINANCIAL LIMITS OF PARASTATAL PURCHASESPART VII
F INANCIAL LIMITS OF PARASTATAL PURCHASES
29. Application of procurement limits in parastatal bodies
30. Perishable or fragile goods

PURCHASESPART VII
F INANCIAL LIMITS OF PARASTATAL PURCHASES
29. Application of procurement limits in parastatal bodies
30. Perishable or fragile goods

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PART VIII GENERAL PROVISIONS FOR GOVERNMENT AND PARASTATAL
BODIESPART VIII
G ENERAL PROVISIONS FOR G OVERNMENT AND PARASTATAL BODIES
31. Formal tenders
32. Documents for formal tenders
33. Numbering of tenders
34. Date of submission of tenders
35. Reduced time limit
36. Extended time limit
37. Late tenders
Regulation
38. Withdrawal of tenders
39. Procedure, etc., on opening of tenders
40. Tender documents
41. Tenders evaluation
42. Special formal tenders
43. Informal tenders
44. Tender samples
45. Proprietary articles as samples
46. Tender committee sample materials
47. Product specifications
48. Financing of works contract
49. Correspondence upon errors
50. Notification to successful tenderer
51. Non-anticipation of tenders
52. Amendment, alteration or substitution of samples, etc. 53. Price adjustment formulae
54. Invoices, etc. 55. Signing of contract
56. Letter of intent etc. 57. Tenders relating to public security
58. Disposing of contract documents
59. Variation in quantities
60. Inspection of goods delivered
61. General conditions of contracts
62.

lic security
58. Disposing of contract documents
59. Variation in quantities
60. Inspection of goods delivered
61. General conditions of contracts
62.

Offences and penalties relating to tender documents
63. Tenders to be invited and approved only by board
64. Spent

Offences and penalties relating to tender documents
63. Tenders to be invited and approved only by board
64. Spent

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PART IX OFFENCES AND PENALTIESPART IX
O FFENCES AND PENALTIES
F IRST SCHEDULE -Tender Forms
SECOND SCHEDULE -Withdrawal of Tenders
T HIRD SCHEDULE -Non-Refundable Tender Document Charges
F OURTH SCHEDULE
PART I-Tender Security Form
PART II-Performance Security Form
SECTION 27-THE T ENDER REGULATIONS
Regulations by the Minister
Statutory Instrument
151 of 1995
132 of 1996
PART I PRELIMINARYPART I
PRELIMINARY
1. These Regulations may be cited as the Tender Regulations. Title
2. In these Regulations, unless the context otherwise requires- Interpretation
"Board Secretary" means the Secretary to the Board appointed under section
fifteen of the Act;
"Central Tender Committee" means the Central Tender Committee established by
regulation 3;
"Controlled price" means a price of a commodity or service which is prescribed
under the Control of Goods Act;
Cap. 421
"Controlling Officer" shall have the meaning assigned to it under section two of the
Finance (Control and Management) Act;
Cap. 347
"formal tender" means a tender which is advertised in the Gazette;

igned to it under section two of the
Finance (Control and Management) Act;
Cap. 347
"formal tender" means a tender which is advertised in the Gazette;

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"informal tender" means a tender which is not advertised in the Gazette, but for
which competitive quotations have been obtained;
"non-responsive offer" means an offer whose contents do not conform with what is
required in a tender document;
"parastatal body" means any company, management board, association or
statutory body in which the Government has a majority or controlling
interest and includes a city, a municipality or a district council established
under the Local Government Act;
Cap.

ment has a majority or controlling
interest and includes a city, a municipality or a district council established
under the Local Government Act;
Cap.

281
"purchasing officer" means any officer whose responsibility it is to sign an order for
the purchase of any goods or the supply of any service;
"official price" means the price of a commodity or service approved by the Central
Tender Committee in a running contract;
"running contract" means a contract extending over a period of time for an
estimated or variable quantity of goods or services;
"supplies officer" means any person appointed as such by the Board under section
fifteen of the Act;
"tender committee" means a tender committee established by regulation 3, 7, 11 or
16;
"ZCCM" means the Zambia Consolidated Copper Mines Limited, a company
registered under the Companies Act;
Cap. 388
PART II CENTRAL TENDER COMMITTEEPART II
CENTRAL T ENDER COMMITTEE
3. There is hereby established the Central Tender Committee, in Lusaka, which
shall perform such functions of the Board as are set out in these Regulations. Establishment of
Central Tender
Committee
4. (1) The Central Tender Committee shall consist of the following members: Composition of Central
Tender Committee
(a) the Permanent Secretary responsible for finance, who shall be the
Chairman;

sist of the following members: Composition of Central
Tender Committee
(a) the Permanent Secretary responsible for finance, who shall be the
Chairman;

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(b) the Deputy Secretary to the Cabinet;
(c) the Permanent Secretary responsible for works and supply;
(d) the Permanent Secretary responsible for development planning;
(e) the Director, Zambia National Tender Board;
(f) the Managing Director, Zambia State Insurance Corporation Limited;
(g) the Managing Director, Zambia Electricity Supply Corporation Limited;
(h) the General Manager, Bank of Zambia;
(i) the Company Secretary, ZCCM;
(j) the Secretary, Zambia National Tender Board. (2) There shall be a Vice-Chairman who shall be elected by the Central Tender
Committee. 5. (1) The functions of the Central Tender Committee shall be to examine and
authorise all procurement of goods, works and services for both Government and
parastatal bodies whose value is above the limits authorised in these regulations for
tender committees established by regulation 7, 11 or 16.

ent and
parastatal bodies whose value is above the limits authorised in these regulations for
tender committees established by regulation 7, 11 or 16.

Functions of Central
Tender Committee
(2) Without prejudice to the generality of sub-regulation (1) the functions of the
Central Tender Committee shall be to-
(a) invite and award running contracts on common user goods or services;
(b) examine and authorise the variation of tender procedures for the tender
committees established under these Regulations;
(c) undertake and regulate registration of suppliers of goods, works and
services. 6. (1) Except as otherwise provided for in these Regulations, the Central Tender
Committee shall determine its own procedure. Proceedings of Central
Tender Committee

s otherwise provided for in these Regulations, the Central Tender
Committee shall determine its own procedure. Proceedings of Central
Tender Committee

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(2) The Central Tender Committee shall meet at such times and such places being
not less than once in a month as the Chairman may determine. (3) The Central Tender Committee shall cause minutes to be kept of the
proceedings of every meeting and such minutes shall be transmitted to the Board as soon
as practicable after the meeting at which they are confirmed. (4) The Central Tender Committee may establish sub-committees and may appoint
as members of such sub-committees, persons who are, or are not, members of the
Central Tender Committee for any specific matter. PART III PROVINCIAL TENDER COMMITTEESPART III
PROVINCIAL T ENDER COMMITTEES
7. There is hereby established, in each province, a provincial tender committee for
the procurement of goods, works and services in respect of provincial heads of
expenditure falling under controlling officers designated as such in terms of section four of
the Finance (Control and Management) Act. Establishment of
provincial tender
committees
Cap. 347
8.

ers designated as such in terms of section four of
the Finance (Control and Management) Act. Establishment of
provincial tender
committees
Cap. 347
8.

(1) A provincial tender committee shall consist of the following members: Composition of
provincial tender
committees
(a) the Permanent Secretary for the Province, who shall be Chairman;
(b) The Deputy Permanent Secretary for the Province, who shall be
Vice-Chairman;
(c) the head of the Provincial Accounting Unit;
(d) the Provincial Agricultural Officer;
(e) the Provincial Commissioner of Works;
(f) the Provincial Education Officer;
(g) the Provincial Marketing and Co-operative Officer;
(h) the Provincial Medical Officer; and

ssioner of Works;
(f) the Provincial Education Officer;
(g) the Provincial Marketing and Co-operative Officer;
(h) the Provincial Medical Officer; and

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(i) two other members, other than civil servants, who are ordinarily resident in
the province and who shall be appointed by the Board for a period not
exceeding two years. (2) The Supplies Officer, shall be appointed Secretary of the tender committee. 9. (1) The functions of a provincial tender committee shall be to invite and accept
tenders relating to the procurement of goods, works and services for the Government
within the limits provided for in Part VI. Functions of provincial
tender committees
(2) Without prejudice to the generality of sub-regulation (1), a provincial tender
committee shall within limits provided for in Part VI of these Regulations invite and award
running contracts on foodstuffs to be supplied to Government institutions whose
expenditure heads fall under the control of the Provincial Permanent Secretaries. (3) A provincial tender committee shall perform its functions in accordance with the
provisions of Part VI and VIII. 10. (1) Except as provided for in these Regulations, a provincial tender committee
shall determine its own procedure.

provisions of Part VI and VIII. 10. (1) Except as provided for in these Regulations, a provincial tender committee
shall determine its own procedure.

Proceedings of
provincial tender
committees
(2) A provincial tender committee-
(a) shall meet at such times and such places being not less than once in a
month as the Chairman may determine;
(b) shall cause minutes to be kept of the proceedings of every meeting and
such minutes shall be transmitted to the Board as soon as practicable after
the meeting at which they are confirmed; and
(c) may establish sub-committees and appoint as members, of such
sub-committees persons who are, or are not, members of the provincial
tender committee for the purpose of advising the committee on any specific
matter. PART IV PARASTATAL TENDER COMMITTEESPART IV
PARASTATAL T ENDER COMMITTEES

committee for the purpose of advising the committee on any specific
matter. PART IV PARASTATAL TENDER COMMITTEESPART IV
PARASTATAL T ENDER COMMITTEES

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11. There is hereby established in the governing body of every parastatal body a
parastatal tender committee. Establishment of
parastatal tender
committees
12. Notwithstanding regulation 11, where the physical structure of a particular
parastatal body is too small to be able to constitute a tender committee in accordance with
these Regulations, the Board shall prescribe the procedures to be followed by such a
parastatal body. Small parastatal
bodies
13. (1) A city or municipal council tender committee shall consist of the following
members;
Composition of
parastatal tender
committees
(a) The Town Clerk, who shall be Chairman;
(b) the Director of Administration, who shall be Vice-Chairman;
(c) the Director of Finance;
(d) the Director of Engineering;
(e) the Director of Housing and Social Services;
(f) the Director of Legal Services;
(g) the Director of Public Health; and
(h) two other members, other than members of the council, who are ordinarily,
resident in the district, and who shall be appointed by the Board for a period
of two years.

s, other than members of the council, who are ordinarily,
resident in the district, and who shall be appointed by the Board for a period
of two years.

(2) The head of the section responsible for purchasing and supply in the council
shall be appointed by the Secretary of the tender committee. (3) A district council tender committee shall consist of the following members:
(a) the District Executive Secretary, who shall be the Chairman;
(b) the Deputy District Executive Secretary, who shall be the Vice-Chairman;

members:
(a) the District Executive Secretary, who shall be the Chairman;
(b) the Deputy District Executive Secretary, who shall be the Vice-Chairman;

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(c) the Treasurer;
(d) the Director of Works;
(e) the District Education Officer;
(f) the District Agricultural Officer,
(g) the head of the District Co-operative Union;
(h) one representative of the Security Forces; and
(i) the Administrative Officer, who shall be the Secretary. (4) The tender committees for parastatal bodies other than councils established
under the Local Government Act shall consist of eight members appointed by the Board
on the recommendations of the appropriate chief executives, three of whom shall be from
outside the parastatal body. Cap. 281
(5) The chief executive of a parastatal body shall appoint the chairman of a tender
committee established under sub-regulation (3). (6) The vice-chairman of a tender committee established under sub-regulation (3)
shall be appointed by the members of the tender committee. 14.

n (3). (6) The vice-chairman of a tender committee established under sub-regulation (3)
shall be appointed by the members of the tender committee. 14.

(1) The functions of a parastatal tender committee shall be to invite tenders and
authorise procurement of goods, works and services within the limits specified in Part VIII:
Functions of parastatal
tender committees
Provided that operating expenditure on goods and services which are not of a capital
nature shall not be subject to the limits specified in Part VIII. (2) Without prejudice to the generality of sub-regulation (1), a parastatal tender
committee shall-
(a) invite and award running contracts; and
(b) examine and approve the variation of tender procedures.

tion (1), a parastatal tender
committee shall-
(a) invite and award running contracts; and
(b) examine and approve the variation of tender procedures.

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(3) A parastatal tender committee shall perform its functions in accordance with the
provisions of Part VIII and IX. 15. (1) Except as provided for in these Regulations a parastatal tender committee
shall determine its own procedure. Proceedings of
parastatal tender
committees
(2) A parastatal tender committee shall meet at such times and places being not
less than once in a month as the Chairman may determine. (3) A parastatal tender committee may establish sub-committees which shall consist
of persons who are, or are not, members of the committee for the purpose of advising the
committee on any specific matter. (4) A parastatal tender committee shall cause minutes to be kept of the proceedings
of every meeting and such minutes shall be transmitted to the Board as soon as
practicable after the meeting at which they are confirmed. PART V MINISTRY TENDER COMMITTEESPART V
M INISTRY T ENDER COMMITTEES
16. There is hereby established in each ministry of Government a tender
committee for the procurement of goods and services. Establishment of
ministry tender
committees
17.

tablished in each ministry of Government a tender
committee for the procurement of goods and services. Establishment of
ministry tender
committees
17.

A ministry tender committee shall consist of-
(a) the controlling officer, who shall be the Chairman;
(b) an officer of at least deputy permanent secretary rank, who shall be
Vice-Chairman;
(c) the Head of the accounting unit;
(d) the Head of the procurement unit;
(e) the Heads of Departments; and
(f) a senior supplies officer, who shall be the Secretary. Composition of
ministry tender
committees
18. (1) The functions of a ministry tender committee shall be to invite and accept
tenders relating to the procurement of goods and services for its ministry within the limits
provided for in Part VI. Functions of ministry
tender committees

relating to the procurement of goods and services for its ministry within the limits
provided for in Part VI. Functions of ministry
tender committees

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(2) A ministry tender committee shall perform its functions in accordance with Part
VI and Part IX. 19. (1) Except as otherwise provided for in these Regulations, a ministry tender
committee shall determine its own procedure. Proceedings of
ministry tender
committee
(2) A ministry tender committee shall meet at such times and such places as the
Chairman may determine, but not less than once a month. (3) A ministry tender committee shall cause minutes to be kept of the proceedings of
every meeting and the minutes shall be transmitted to the Board as soon as practicable
after the meeting at which they are confirmed. 20. The Board shall prescribe the procedure to be followed by a Government
ministry or department where a tender committee has not been established in terms of
Part III and this Part. Procedure where
tender committee not
established in terms of
Parts III and V
21. (1) The tender procedures specified in these Regulations shall not apply to- Tender procedures not
to apply to controlled
goods, services
purchased at official
price, etc.

ures specified in these Regulations shall not apply to- Tender procedures not
to apply to controlled
goods, services
purchased at official
price, etc.

(a) goods and services which are to be procured at the official or controlled
price from a Government or parastatal body or goods which are controlled
in terms of price unless-
(i) the goods and services are to be obtained from outside Zambia; and
(ii) the goods are capital goods; and
(b) goods and services which are to be obtained in accordance with an
international agreement. (2) Where the goods or services are procured in accordance with paragraph (a) of
sub-regulation (1) the purchasing officer shall, at the time of ordering the goods or
services, inform the relevant tender committee as to the-
(a) description, unit, quantity and value of the goods ordered; or
(b) type of services to be obtained and the cost thereof.

nder committee as to the-
(a) description, unit, quantity and value of the goods ordered; or
(b) type of services to be obtained and the cost thereof.

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22. Where a dispute between a tender committee and a contractor arises and the
two parties fail to resolve the dispute amicably, either of the parties may refer the dispute
to the Board for a decision. Board to settle
disputes
23. The Board shall delegate to a tender committee such of its functions relating to
the procurement of goods and services as provided in these Regulations. Delegation to other
persons
PART VI FINANCIAL LIMITS FOR GOVERNMENT PURCHASESPART VI
F INANCIAL LIMITS FOR G OVERNMENT PURCHASES
24.

hese Regulations. Delegation to other
persons
PART VI FINANCIAL LIMITS FOR GOVERNMENT PURCHASESPART VI
F INANCIAL LIMITS FOR G OVERNMENT PURCHASES
24.

(1) Where the estimated value of goods or services for Government purchases- Financial limits for
Government
purchases
(a) does not exceed fifty thousand kwacha informal tenders shall be invited and
authorised for acceptance by a senior officer generally or specially
designated for the purpose by the Controlling Officer;
(b) exceeds fifty thousand kwacha but does not exceed two hundred thousand
kwacha, informal tenders shall be invited and authorised for acceptance by
the Head of Department with the approval of the Controlling Officer;
(c) exceeds two hundred thousand kwacha but does not exceed five million
kwacha, informal tenders shall be invited and authorised for acceptance by
the Controlling Officer or the Permanent Secretary for a Province;
(d) exceeds five million kwacha, but does not exceed twenty-five million
kwacha, formal tenders shall be invited and authorised for acceptance by a
ministry or provincial tender committee; or
(e) exceeds twenty-five million kwacha, formal tenders shall be invited and
authorised for acceptance by the Central Tender Board.

ender committee; or
(e) exceeds twenty-five million kwacha, formal tenders shall be invited and
authorised for acceptance by the Central Tender Board.

(2) The financial limits specified in sub-paragraph (1) shall be administered under the
following conditions:
(a) the estimated value shall include the total value of all items which can
reasonably be obtained at any one time in one requisition or in one
contract;
(b) the supply or service shall not be sub divided or deliberately
underestimated in order to bring the total value within the limits set in
sub-paragraph (1); and

y or service shall not be sub divided or deliberately
underestimated in order to bring the total value within the limits set in
sub-paragraph (1); and

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(c) procurement of the same type of goods or services within the limits given to
controlling officers and their subordinate staff shall not be undertaken more
than once in every three months. (As amended by S.I. No. 132 of 1996)
25. Contracts for the supply of articles of a fragile or perishable nature shall, so far
as may be practicable, be awarded to a supplier nearest to the point where the supplies
are required. Perishable or fragile
goods
26. Equipment including vehicles, machinery, tools and spares for Government,
shall, as far as it is practicable, be obtained by the ministry responsible for works and
supply. Special equipment
27. (1) A purchasing officer shall purchase from the Government Stores any items
included in the approved current Stores Catalogue unless such items are not available. Purchase from
Government Stores
Department
(2) Where items are not available at Government Stores, a certificate of
non-availability from Government Stores shall be obtained. 28.

res
Department
(2) Where items are not available at Government Stores, a certificate of
non-availability from Government Stores shall be obtained. 28.

(1) A purchasing officer may place orders directly with suppliers at agreed rates
under such contracts as may have been arranged either by the Central Tender Committee
or a provincial tender committee. Running contracts at
fixed prices
(2) Controlling Officers, purchasing officers and provincial Permanent Secretaries
shall ensure that the fullest advantage is taken of running contracts. PART VII FINANCIAL LIMITS FOR PURCHASES BY PARASTATAL BODIESPART VII
F INANCIAL LIMITS FOR PURCHASES BY PARASTATAL BODIES
29. (1) Where the estimated value of goods, works and services for a city or
municipal council-
Application of
procurement limits in
parastatal bodies
(a) does not exceed fifty thousand kwacha, informal tenders shall be invited
and authorised for acceptance by a senior officer generally or specially
designated for that purpose by the Town Clerk;

ormal tenders shall be invited
and authorised for acceptance by a senior officer generally or specially
designated for that purpose by the Town Clerk;

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(b) exceeds fifty thousand kwacha, but does not exceed two hundred thousand
kwacha, informal tenders shall be invited and authorised for acceptance by
the relevant Head of Department;
(c) exceeds two hundred thousand kwacha, but does not exceed five million
kwacha, informal tenders shall be invited and authorised for acceptance by
a tender committee;
(d) exceeds five million kwacha, but does not exceed twenty-five million
kwacha, formal tenders shall be invited and authorised for acceptance by a
tender committee; or
(e) exceeds twenty-five million kwacha, formal tenders shall be invited and
authorised for acceptance by the Central Tender Committee.

r committee; or
(e) exceeds twenty-five million kwacha, formal tenders shall be invited and
authorised for acceptance by the Central Tender Committee.

(2) Where the estimated value of goods, works or services for a district council-
(a) does not exceed fifty thousand kwacha, informal tenders shall be invited
and authorised for acceptance by a senior officer generally or specially
designated for that purpose by the Secretary;
(b) exceeds fifty thousand kwacha, but does not exceed two hundred thousand
kwacha, informal tenders shall be invited and authorised for acceptance by
the Secretary;
(c) exceeds two hundred thousand kwacha, but does not exceed one million
kwacha, informal tenders shall be invited and authorised for acceptance by
a tender committee;
(d) exceeds one million kwacha, but does not exceed ten million kwacha,
formal tenders shall be invited and authorised for acceptance by a tender
committee;
(e) exceeds ten million kwacha, formal tenders shall be invited and authorised
for acceptance by the Central Tender Committee.

by a tender
committee;
(e) exceeds ten million kwacha, formal tenders shall be invited and authorised
for acceptance by the Central Tender Committee.

(3) Where the estimated value of goods and services for parastatal bodies other
than those provided for under sub-paragraphs (1), (2) and (4)-
(a) does not exceed fifty thousand kwacha, informal tenders shall be invited
and authorised for acceptance by a senior officer generally or specially
designated for that purpose by the Chief Executive;
(b) exceeds fifty thousand kwacha, but does not exceed two hundred thousand
kwacha, informal tenders shall be invited and authorised for acceptance by
the relevant Head of Department;

, but does not exceed two hundred thousand
kwacha, informal tenders shall be invited and authorised for acceptance by
the relevant Head of Department;

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(c) exceeds two hundred thousand kwacha, but does not exceed twenty-five
million kwacha, informal tenders shall be invited and authorised for
acceptance by a tender committee;
(d) exceeds twenty-five million kwacha, formal tenders shall be invited and
authorised for acceptance by the Central Tender Committee.

nder committee;
(d) exceeds twenty-five million kwacha, formal tenders shall be invited and
authorised for acceptance by the Central Tender Committee.

(4) Where in ZCCM-
(a) operating expenditure which is not of a capital nature, and the estimated
value of goods or services-
i(i) does not exceed twenty-five million kwacha, tenders shall be invited
and authorised for acceptance by any senior officer deisgnated for
the purpose by the Chief Executive;
(ii) exceeds twenty-five million kwacha, tenders will be invited and
authorised for acceptance by the ZCCM tender committee;
(b) capital expenditure involves Government funding or guarantees, and the
estimated value for goods, works and services-
i(i) does not exceed twenty-five million kwacha, tenders shall be invited
and authorised for acceptance by the ZCCM tender committee;
(ii) exceeds twenty-five million kwacha, formal tenders shall be invited
and authorised for acceptance by the Central Tender Committee. 30. Contracts for the supply of articles of a fragile or perishable nature shall, so far
as may be practicable, be awarded at the centre where the supplies are required. Perishable or fragile
goods
PART VIII GENERAL PROVISIONS FOR GOVERNMENT AND PARASTATAL
BODIESPART VIII
G ENERAL PROVISIONS FOR G OVERNMENT AND PARASTATAL BODIES

or fragile
goods
PART VIII GENERAL PROVISIONS FOR GOVERNMENT AND PARASTATAL
BODIESPART VIII
G ENERAL PROVISIONS FOR G OVERNMENT AND PARASTATAL BODIES

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31. When formal tenders are to be invited a tender committee shall ensure that-
(a) there is a concise description of the goods or services required;
(b) an estimate of costs and completion time for building and construction
works has been obtained;
(c) the point of delivery of goods or the place where work is to be performed is
specified;
(d) the name and address of the office from which tender documents, detailed
specifications or further particulars may be obtained has been specified;
(e) the closing date for receipt of tenders by the tender committee has been
stated;
(f) the names of newspapers, trade papers, periodicals or other media in which
it is suggested that tenders be further advertised has been specified; and
(g) written assurance has been obtained by the Controlling Officer or the Chief
Executive, as the case may be, that funds have been voted for such
project, works or services and such funds as are required to make stage
payments shall be made available on time. Formal tenders
32.

en voted for such
project, works or services and such funds as are required to make stage
payments shall be made available on time. Formal tenders
32.

Each application to a tender committee for the advertisement of a tender shall
be accompanied by copies of the tender documents, specifications and other relevant
particulars applicable to the type of tender. Documents for formal
tenders
33. (1) Each application to a tender committee for the advertisement of a tender
shall be given a separate reference number by the tender committee
Numbering of tenders
(2) The reference number referred to under sub-regulation (1) shall identify the
tender, and the tenderer shall quote it on all tender documents and print it on the envelop
or other document in which formal tenders are submitted. 34. (1) An offer to tender shall be in the form set out in the First Schedule. Date of submission of
tenders
(2) An offer to tender shall be submitted within a period of-
(a) not less than four weeks after the date of publication of the invitation to
tender, or
(b) not less than eight weeks after the date of publication of the invitation to
tender in the case of tenders invited from outside Zambia. 35.

er, or
(b) not less than eight weeks after the date of publication of the invitation to
tender in the case of tenders invited from outside Zambia. 35.

Where a Controlling Officer or Chief Executive intends to reduce the time
allowed for tender under paragraph 34 he shall inform the appropriate tender committee
and give full reasons, in writing, for the proposed reduction. Reduced time limit

under paragraph 34 he shall inform the appropriate tender committee
and give full reasons, in writing, for the proposed reduction. Reduced time limit

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36. (1) If, after the invitation to tender has been published, a Controlling Officer or
Chief Executive wishes to have the published time limit extended, he shall inform the
appropriate tender committee of his proposed date and give full reasons, in writing, for the
extension. Extended time limit
(2) The extension, if granted, shall be published through the same media that
published the original invitation to tender. 37. A tender received after the closing time shall be stamped, recorded in a
register and returned to the tenderer concerned without being considered. Late tenders
38. (1) A notification of a withdrawal of a tender shall be in the form set out in the
Second Schedule. Withdrawal of tenders
(2) A withdrawal of a tender shall only be valid if received before the closing time of
the tender. (3) A withdrawal of a tender received after the closing date shall be stamped,
recorded in a register and returned to the tenderer concerned.

tender. (3) A withdrawal of a tender received after the closing date shall be stamped,
recorded in a register and returned to the tenderer concerned.

(4) The tender that was submitted and letter of withdrawal shall be announced at the
public opening, after which, the withdrawn tender shall be declared non-responsive and
recorded as such. 39. (1) All tenders shall be opened- Procedure etc., on
opening of tenders
(a) by the Secretary of the tender committee or any person authorised by the
tender committee in that behalf;
(b) in public, at the offices of the tender committee; and
(c) on a day, other than a public holiday, or the day following a public holiday. (2) The tender committee shall scrutinise tenders for completeness and the
following tenders shall be considered non-responsive:
(a) a tender submitted after the closing date;
(b) a tender sent by telex, telephone or telegraph;

llowing tenders shall be considered non-responsive:
(a) a tender submitted after the closing date;
(b) a tender sent by telex, telephone or telegraph;

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(c) a tender not accompanied by tender security, where required;
(d) a tender with insufficient information concerning specifications, prices and
delivery;
(e) unsolicited offers; or
(f) a tender upon which the tenderer has made revisions on his own after the
tender opening.
(3) Any person may attend to witness the opening of tenders.
(4) The following procedure shall apply when tenders are being opened:
(a) each priced page shall be embossed;
(b) the name of the tenderer and the tender number shall be announced; and
(c) the total tender price, quantity offered and delivery period shall be read out,
but where unit prices are quoted these need not be announced.
(5) A record of persons attending each tender opening and those who have
tendered, shall be maintained.
(6) Envelopes in which tenders and tender modifications are received shall be
retained in a temporary file until all the awards have been made.

ained.
(6) Envelopes in which tenders and tender modifications are received shall be
retained in a temporary file until all the awards have been made.

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40.

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40.

Tender documents shall state the following:
(a) that the lowest or highest tender shall not necessarily be accepted;
(b) that no tender shall be considered unless it is delivered to the tender
committee by the closing date and time published and that this shall apply
notwithstanding that the tender may be delayed in the post;
(c) that tenders shall not be considered unless they comply fully with the
advertised specifications and other requirements;
(d) that tenderers shall be at liberty to tender for less goods or services than
required only when the notice of tender so provides;
(e) that each tender shall be submitted in a separate sealed envelope or other
container to the tender committee and that the tenderer shall print the
number of the advertised tender notice and a brief description of the goods,
works or services being tendered for on the envelope or container;
(f) that tenders for goods shall state-
Tender documents
(i) the country of manufacture and the name of the manufacturer of the
goods;
(ii) for goods manufactured outside Zambia, whether the supply is
offered from stocks on which import duty and value added tax have
been charged or from stocks which will be directly imported free of
duty and value added tax; if the former is the case, the value of
goods on which import duty and value added tax have been
calculated shall be stated;
(iii) if import duty and value added tax have been paid, either on the
items offered or on the material imported for their manufacture, the
amount of duty and value added tax paid shall be stated;

been paid, either on the
items offered or on the material imported for their manufacture, the
amount of duty and value added tax paid shall be stated;

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(iv) for goods tendered for by tenderers within Zambia, whether reserve
stocks are held in Zambia and whether any kind of after sales
service is available;
(g) that the contractor shall be responsible for the safe arrival or delivery of
supplies; and in order to mitigate his responsibility, if the contractor insures
the supplies and any other liability under the contract, the cost of which
shall be borne by him, than the contract price shall be deemed to be
inclusive of all insurance charges;
(h) that the contractor shall bear the full financial consequences of any material
damage or personal injuries which, through his action or his agent's, may
be suffered by himself, his agents or any third party during the performance
of the contract, either on the contractor's premises, purchaser's premises or
anywhere else;
(i) that priced bills of quantities contained in a separate envelope endorsed
with the tenderer's name shall be submitted together with the tender:
Provided that the lowest tenderer may still be asked to submit his bills if
any are not received by the due date:
(j) that for tenders that have been advertised, the rates set out in the Third
Schedule shall be used as non-refundable tender document charges;
(k) that tender and performance securities as set out in Part I and II of the
Fourth Schedule shall be required on all procurement of goods and
services in excess of twenty five million kwacha, and that performance
securities shall be required on all building and construction works in excess
of one hundred million kwacha; the tender securities shall be in the sum
equal to two per cent of the amount of the tender and performance
securities shall be equal to ten per cent of the contact price;
(l) that tender securities shall be furnished by the date the tender is being
opened and performance securities shall be furnished within fourteen days
of the signing of the contract;
(m) that failure to furnish tender security or performance security within the time
specified shall constitute grounds for termination of the contract for default;
(n) that tenders securities shall be returned to unsuccessful tenderers as soon
as an award has been made; tender security or performance security
submitted by a successful tenderer shall be retained until the tenderer has
executed all his contractual obligations;
(o) that the Secretary to the tender committee shall determine the validity of the
tender security or performance security;
(p) that the performance security shall be discharged by the purchaser and
returned to the contractor not later than ninety days after the date of receipt
of the goods or services by the consignee, in terms of the contract; and
(q) that goods-
(i) manufactured in Zambia, i.e.

ys after the date of receipt
of the goods or services by the consignee, in terms of the contract; and
(q) that goods-
(i) manufactured in Zambia, i.e.

goods whose cost of materials, labour
and services constitute not less than forty per cent of the finished
product, shall be given price preference of fifteen per cent;
(ii) imported and held in stock by merchants in Zambia shall be given
price preference of five per cent; and
(iii) produced by small business enterprises with a paid up capital or two
hundred and fifty thousand kwacha shall be given preference of
twenty per cent.

) produced by small business enterprises with a paid up capital or two
hundred and fifty thousand kwacha shall be given preference of
twenty per cent.

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41. (1) A tender committee shall ensure- Tender evaluation
(a) that the criteria used in evaluating tenders is fully consistent with
information given in the tender documents;
(b) that tenders are scrutinised for completeness in accordance with
sub-paragraph (2) of paragraph 39; and
(c) that the period, not exceeding twenty-one days, within which an evaluation
report is to be submitted to it for consideration, is stated. (2) Where an offer elapses as a result of a purchasing institution failing to meet the
provisions of item (1) of sub-paragraph (1) and a revalidation of the offer is necessitated,
the costs of the revalidation shall be met by the purchasing institution. 42. (1) Special formal tenders are those which shall not be advertised in the
Gazette or in any other publication and for which tenders shall be invited from nominated
firms in accordance with this paragraph. Special formal tenders
(2) Except as specifically provided for in these Regulations, the requirements
applying to formal tenders shall apply to special formal tenders.

nders
(2) Except as specifically provided for in these Regulations, the requirements
applying to formal tenders shall apply to special formal tenders.

(3) A tender committee may authorise special formal tenders or negotiations where-
(a) there is a proclamation in force declaring a state of emergency or
threatened emergency under the Constitution;
(b) it is in the interest of public order, public safety or public security;
(c) building works of a specialised or complex nature are involved, or
equipment to be obtained is highly specialised;
(d) the goods and services to be obtained are of a personal or professional
nature;
(e) services are to be rendered by an educational or training institution;
(f) evidence is furnished that there are no other competing institutions or
organisations in respect of the goods or services to be supplied or rendered
and that the supplier is the sole franchise holder;

eting institutions or
organisations in respect of the goods or services to be supplied or rendered
and that the supplier is the sole franchise holder;

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(g) the goods or services to be supplied or rendered are to be used in, or are in
the nature of, research work;
(h) equipment to be supplied is technical and is of a nature that requires
standardisation and inter-changeability of parts; or
(i) there has been no acceptable tender from all formal tenders previously
invited. 43. Informal tenders shall be invited from at least three contractors or suppliers. Informal tenders
44. (1) Tender samples shall be- Tender samples
(a) submitted as part of the tender, in the quantities, sizes and other details
requested in the invitation to tender;
(b) carriage paid;
(c) received within seven days after the date set for opening of tenders if
submitted separately from tender offers; and
(d) evaluated to determine compliance with all characteristics listed in the
invitation. (2) Failure of samples to conform to all characteristics referred to in the invitation for
tenders and failure to furnish samples by the time specified shall entitle a tender
committee to reject the tender.

referred to in the invitation for
tenders and failure to furnish samples by the time specified shall entitle a tender
committee to reject the tender.

(3) Notwithstanding the other provisions of this regulation, the Secretary to the
tender committee shall call for samples where the tenderer's offer is competitive. 45. Where it is not possible to avoid using a proprietary article as a sample, the
tenderer shall make it clear that the proprietary article is displayed only as an example of
the type or quality of the goods being tendered for and that competition shall not thereby
be limited to that article only. Proprietary articles as
samples
46. (1) Samples made up from materials supplied by a tender committee shall not
be returned to the tenderer nor shall the tender committee be liable for the cost of making
them. Tender committee
sample materials

ommittee shall not
be returned to the tenderer nor shall the tender committee be liable for the cost of making
them. Tender committee
sample materials

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(2) All samples produced from materials belonging to the tenderer which are not
claimed by the tenderer within a period of three months from the date of the award of
tender, shall be the property of the Board and shall be sent to the Director who shall
dispose of them in such a manner as may be directed by the Board. 47. (1) The description of the goods or services in the tender invitations shall be
clear and broad based. Product specifications
(2) Specifications issued by the Zambia Bureau of Standards or any other
international standards being used shall be clearly stated. (3) A brand name shall not generally be used when tenders are being invited. (4) It shall be essential to indicate the brand name or quality of the article required;
and words such as "or other article of comparable quality" shall be included in the
invitation to tender. 48.

name or quality of the article required;
and words such as "or other article of comparable quality" shall be included in the
invitation to tender. 48.

When the value of goods or services exceeds one hundred million kwacha,
tender documents shall include the following particulars:
(a) how (for example, in terms of working capital and capital equipment) and to
what extent the project shall be financed from the purchasing institution's
own resources;
(b) if finance from a foreign country is necessary the extent to which and how,
the purchasing institution intends to raise funds in Zambia for the financing
of the project both before and during the course of works;
Financing of works
contracts
(c) if funds for the financing of the project are to be raised by foreign
borrowing-
(i) the terms and conditions of such loans;
(ii) to what extent the purchasing institution will request repatriation of
"progress" payments to cover the loans other than the repatriation of
profits on the completion of a contract by the tenderer;
(d) the proportion of the tender sum, in the case of works contracts expected to
be paid out in foreign currency. 49.

n of a contract by the tenderer;
(d) the proportion of the tender sum, in the case of works contracts expected to
be paid out in foreign currency. 49.

(1) Copies of all correspondence entered into with tenderers upon the subject of
errors in their tenders between the time of opening of the tenders and the decision of a
tender committee shall be sent to the Secretary of the tender committee with
recommendations and comments thereon. Correspon-dence
upon errors

on of a
tender committee shall be sent to the Secretary of the tender committee with
recommendations and comments thereon. Correspon-dence
upon errors

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(2) Except with the express permission of the Secretary to the tender committee no
other communication shall take place with the tenderer upon the subject of his tender
during this period. 50. (1) The successful tenderer shall be advised by letter or by telegraph of the
receipt of notice of ward, which notice shall include information relating to the invitation,
description of the items, quantity, price and contract number. Notification to
successful tenderer
(2) An advance notice of award may be given by the Secretary of the tender
committee to the successful tenderer only where-
(a) a tender is about to expire and it is necessary to issue an award promptly;
(b) prompt action is necessary to give the contractor an opportunity to obtain
materials;
(c) delivery or performance is urgent and cannot await formal contract
documents; or
(d) prompt action is necessary to permit a contractor to proceed with
preparation of necessary catalogue and other contract data. (3) Advance notices shall be followed by formal contract documents as soon as
possible.

th
preparation of necessary catalogue and other contract data. (3) Advance notices shall be followed by formal contract documents as soon as
possible.

(4) Telegraphic notices shall contain all of the information as directed by the tender
committee and, in addition, a statement that written confirmation shall follow. (5) Oral notices may be given only when circumstances surrounding the
procurement or performance would not allow time for telegraphic notice, and shall include
all information normally included in written notices and shall also include a statement that
written confirmation shall follow. (6) Where an award for a formal tender is made the Secretary to the tender
committee shall publish a notice in the Government Gazette stating who has been
awarded the tender. 51. Acceptance of any tender shall not be anticipated and orders shall not be
placed until the necessary authority has been received from the tender committee. Non-anticipation of
tenders

t be anticipated and orders shall not be
placed until the necessary authority has been received from the tender committee. Non-anticipation of
tenders

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52. (1) Where it is necessary to amend or alter conditions or specifications or
substitute samples after the original date for the submission of tenders, fresh tenders shall
be invited so that all tenderers may have an equal opportunity of tendering on the new
basis:
Amendment, alteration
or substitution of
samples, etc. Provided that a Controlling Officer or Chief Executive may recommend and a tender
committee may approve an increase or decrease in the number of articles involved
without calling for fresh tenders. (2) Where it is necessary to alter the substance of a tender after it has been
accepted, a tender committee may authorise negotiations with the contractor within the
general framework of the accepted tender, but any proposed variation of contract involving
either an increase or a decrease of the tendered sum be submitted to the tender
committee for approval. 53. (1) In periods of inflation, a price adjustment formula shall apply in order to
arrive at a reasonable price.

o the tender
committee for approval. 53. (1) In periods of inflation, a price adjustment formula shall apply in order to
arrive at a reasonable price.

Price adjustment
formulae
(2) Tenderers shall quote on a present-day-value using price adjustment based on
official statistics of Government agencies basis or United Nations agencies and the
formula shall accommodate both rises and falls in price levels. 54. A Controlling Officer, a Chief Executive or a tender committee may request a
contractor to submit invoices and other related documents for examination. Invoice etc. 55. A successful tenderer shall within fourteen days from the date of the receipt of
contract forms sign and submit the contract and where it is a tender requirement to
provide security the security shall be issued within fourteen days of the date of signing of
the contract. Signing of contract
56. A letter of intent shall only be issued to a supplier or contractor after all the
terms and conditions have been agreed upon by the tender committee. Letter of intent etc. 57.

only be issued to a supplier or contractor after all the
terms and conditions have been agreed upon by the tender committee. Letter of intent etc. 57.

Where the contract involves access to confidential information-
(a) a Government ministry or department or body institution shall notify the
contractor of the security classification of the contract and the elements
thereof and of any subsequent revisions in such security classification;
(b) the contractor shall, prior to the commencement of the contract, safeguard
all classified elements of the contract and shall provide and maintain a
system of strict security control within his own organisation; and
(c) authorised representatives of the armed, security or police forces shall have
the right to inspect, the procedures, methods and facilities utilised by the
contractor or the compliance by the contractor with the security
requirements under the contract. Tenders relating to
public security

utilised by the
contractor or the compliance by the contractor with the security
requirements under the contract. Tenders relating to
public security

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58. The original tender documents and related correspondence of the successful
tenderer shall be retained by the Ministry or parastatal body and a copy of the contract or
agreement shall be forwarded to the Board and the relevant tender committee. Disposing of contract
documents
59. In contracts for the supply of goods which run for a considerable period, the
requirements of which cannot accurately be estimated, provision shall be made in the
contract for a variation in the quantity of the goods to be supplied by twenty-five per
centum over or under the contract figure. Variation in quantities
60. (1) Goods delivered shall be inspected, sampled and tested by the receiving
Ministry or parastatal body and they shall not be accepted unless they comply with the
stipulations of the contract. Inspection of goods
delivered
(2) Contracts shall contain a clause that the supplier shall be responsible for all
costs and expenses incurred due to a justified rejection of his goods on the ground that
they do not comply with the stipulation of the contract. 61.

costs and expenses incurred due to a justified rejection of his goods on the ground that
they do not comply with the stipulation of the contract. 61.

The Board shall prescribe general conditions of contract for Government and
parastatal bodies which may, with the approval of the Board be varied generally or with
references to a particular contract. General conditions of
contract
PART IX GENERAL PROVISIONSPART IX
G ENERAL PROVISIONS
62. (1) Any person who- Offences and
penalties relating to
tender documents
(a) opens any envelope or other container in which a tender is contained, other
than in the due and proper execution of his duties under these regulations;
(b) burns, tears or otherwise destroys or partially burns, tears or destroys any
tender; or
(c) erases or does any other act which falsifies, or renders incomplete or
misleading any tender;
shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding
thirty thousand penalty units or to imprisonment for a term not exceeding three years, or to
both.

be liable, upon conviction, to a fine not exceeding
thirty thousand penalty units or to imprisonment for a term not exceeding three years, or to
both.

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(2) For the purpose of this regulation "tender" includes documents or things
submitted together with the tender and which are relevant to the tender and which are in
the possession of the Board, a tender committee or any other person authorised by the
Board.
63. The Board may, in its discretion, direct that all tenders or any class of tenders
shall be invited or approved only by the Board.
Tenders to be invited
and approved only by
board
64. Spent.

t that all tenders or any class of tenders
shall be invited or approved only by the Board.
Tenders to be invited
and approved only by
board
64. Spent.

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FIRST SCHEDULE
Regulation 34)
TENDER FORM
Date:.......................................................................................... Contract No. .............................................................................. To:............................................................................................ (Name and Address of Purchaser)
Gentlemen. Having examined the Conditions of Contract and Specifications including Addenda Nos. ....................................................................................................................................... the receipt of which is hereby duly
acknowledged, I (We)*(1), the undersigned, offer to supply and
deliver............................................................................................................................................................................................

......................................................................................................................................................

in conformity with the said Drawings, Conditions of Contract and Specifications for the sum of
........................................................................................................................, (b) or such other sums as may be ascertained
herewith and made part of this tender. I (We) undertaken, if the tender is accepted, to commence delivery of the goods or services*(2) within
..................................................................................................................... (c) and to complete delivery of all the items
specified in the Contract within ........................................................................................................ (c) days calculated from
date of receipt of your letter of Acceptance or letter of Credit. If the tender is accepted I (We) will obtain the guarantee of a Bank in a sum not exceeding
..............................................% (d) of the Contract sum for the due performance of the Contract. I (We) agree to abide by this tender for a period of ......................................................

m for the due performance of the Contract. I (We) agree to abide by this tender for a period of ......................................................

(c) days from the date fixed for
tender opening and it shall remain binding upon me (us) and may be accepted at any time before the expiration of that
period. Until a formal contract is prepared and executed, this tender together with your written acceptance thereof in your
notification or award shall constitute a binding contract between us. I (We) understand that you are not bound to accept the lowest or any tender you may receive. Dates this........................................................day of....................................................................................19............ ................................................................................ Signature
................................................................................ (In the Capacity of)
Duly Authorised to sign tender for and on behalf
.......................................................................................................................................................................................... Witness......................................................................................................................................

........ Witness......................................................................................................................................

Address...................................................................................................................................... ........................................................................ Signature
(a) description of goods or services
(b) total tender amount
(c) number of days
(d) percentage
* delete whichever is not applicable

........ Signature
(a) description of goods or services
(b) total tender amount
(c) number of days
(d) percentage
* delete whichever is not applicable

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SECOND SCHEDULE
(Regulation 38)
WITHDRAWAL OF TENDERS
"I ....................................................................................................................... of (address) being duly authorised in
that behalf by ......................................................................................................................... and occupying the position of
..............................................................................................................................................................................................in
(employer) ............................................................................................................................................................................. ...................................................................................................................................................

.. ...................................................................................................................................................

whose tender is scheduled
for opening on ........................................................................................................................................................................ ................................................................................................................................................ hereby withdraw that tender
from consideration;................................................................................................................................................................. ................................................................................................................................................................................................ Signature.................................................................................................................................... Telephone No............................................................................................................................ Date............................................................................................................................................

..... Date............................................................................................................................................

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THIRD SCHEDULE
(Regulation 43 (k))
1. NON-REFUNDABLE TENDER DOCUMENT CHARGES
Estimated Tender Cost Tender Document Charges
K
(a) Up to ten million Kwacha 2,000.00
(b) Each additional ten million Kwacha or part thereof 2,000.00
(c) All tenders above one billion Kwacha 200,000.00
2. COST OF POSTAGE OR HAND DELIVERY OF TENDER DOCUMENT
Where a prospective tenderer requests the Board to send the tender documents by post or by hand delivery, the
tenderer shall be charged the actual cost of the postage on delivery.

requests the Board to send the tender documents by post or by hand delivery, the
tenderer shall be charged the actual cost of the postage on delivery.

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FOURTH SCHEDULE
(Regulation 43 (l))
PART I
TENDER SECURITY FORM
WHEREAS ........................................................................................................ (hereinafter called "the Tenderer") has
submitted its tender dated ........................................................... ................................................................................................................................................ for the supply of
................................ (hereinafter called "the tender") ............................................................................................................ KNOW ALL MEN by these presents that we .................................. of ................................... ................................................................ having our registered office at .............................. ..........................................................................................................

ed office at .............................. ..........................................................................................................

(hereinafter called "the Bank") are bound unto
..................................................................................................... for which payment well and truly to be made to the said
purchaser, the Bank binds itself, its successors and assigns by these presents. Sealed with the Common Seal of the said Bank this .......................................................... day of
................................................................................................................. 19...............

........... day of
................................................................................................................. 19...............

THE CONDITIONS of this obligation are:
(a) if the tenderer withdraws its tender during the period of tender validity specified by the Tenderer on the Tender
Form; or
(b) if the tenderer having been notified of the acceptance of its tenderer by the Purchaser during the period of
tender validity;
(i) fails or refuses to execute the Contract Form, if required; or
(ii) fails or refuses to furnish the Performance Security, in accordance with the instructions to Tenderers,
We undertake to pay to the purchaser up to the above amount upon receipt of its first written demand without the
purchaser having to substantiate its demand, provided that in its demand the purchaser will note that the
amount claimed by it is due to it owing to the occurrence of one or both of the two conditions, specifying the
occurred condition or conditions. This guarantee will remain in force up to and including thirty (30) days after the period of tender validity, and any
demand in respect thereof should reach the Bank not later than the above date. ........................................................................

emand in respect thereof should reach the Bank not later than the above date. ........................................................................

(Signature of the Bank)
........................................................................ (Signature of the Witness)
Name of Witness: .............................................................................................................................................................. Address of Witness: .......................................................................................................................................................... .......................................................................................................................................................................................... PART II
PERFORMANCE SECURITY FORM

.................................................................................................................... PART II
PERFORMANCE SECURITY FORM

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To: ................................................................................................................................. (Name of Purchaser)
WHEREAS ..................................................................................................................(Name of Supplier) hereinafter
called "the Supplier" has undertaken in pursuance of Contract No. ................................................................ .dated
................................................................ in 19................................................................................. to supply (Description of
Goods and Services) ...................................................................... hereinafter called "the Contract". AND WHEREAS it has been stipulated to you in the said Contract that the Supplier shall furnish you with a Bank
Guarantee by a recognised Bank for the sum specified therein as security for compliance with the Supplier's performance
obligations in accordance with the Contract.

recognised Bank for the sum specified therein as security for compliance with the Supplier's performance
obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the Supplier a Guarantee:
THEREFORE, we hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier, up to a
total of (Amount of Guarantee in words and Figures) and we undertake to pay you, upon your first written demand
declaring the Supplier to be in default under the Contract and without cavil and argument, any sum or sums within the
limits of (Amount of Guarantee) ........................................................................................... ....................................................................................... .as aforesaid, without your needing to prove to or show grounds or
reasons for your demand or the sum specified therein. This guarantee is valid until the .................................................................................................................................... day of ................................................................................................................................ 19...................................... Signature and Seal of the Guarantors
...................................................................................

............................. Signature and Seal of the Guarantors
...................................................................................

.................................................................................... .................................................................................... .................................................................................... Date: .......................................................................................................................................... Address: .................................................................................................................................... .................................................................................................................................................. ..................................................................................................................................................

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Endnotes
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2 (Popup - Popup)
delete whichever is not applicable