National Procurement Act 2018 (No 12 of 2018) Act consolidated to 2021 Act no 18 The whole Act is applied by the Road (Management and Fund) Act 2020, s 14 The whole Act is applied by the National Pandemic Act 2020, section 51 The whole Act is applied by the Emergency (General Provisions) (COVID 19) Act 2020, section 8 The whole Act is applied by the Connect PNG (Implementation and Funding Arrangements) Act 2021, section 8
National Procurement Act 2018,
Being an Act to make provision for the management of national procurement (including those relating to Provincial Governments and Local-level Governments as required by the Organic Law on Provincial Governments and Local-level Governments) and for related purposes,
MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the National Executive Council.
Exclusion of Act Warning: The National Procurement Act 2018 has been excluded by Emergency (General Provisions) (COVID 19) Act 2020, s 8 PART I — PRELIMINARY. 1 Compliance with Constitutional Requirements.
(1) This Act, to the extent that it regulates or restricts the exercise of a right or freedom referred to in Subdivision III.3.C. (qualified rights) of the Constitution, namely —
(a) the right to freedom from arbitrary search and entry conferred by Section 44; and
(b) the right to freedom of expression and publication conferred by Section 46; and
(c) the right peacefully to assemble and associate and to form or belong to, or not to belong to, political parties, industrial organisations or other associations conferred by Section 47; and
(d) the right to freedom of choice of employment in any calling for which a person has the qualifications (if any) lawfully required conferred by Section 48; and
(e) the right to reasonable privacy conferred by Section 49; and
(f) the right of reasonable access to official documents conferred by Section 51; and
(g) the right of freedom of movement conferred by Section 52,
is a law that is made under Section 38 of the Constitution, taking account of the National Goals and Directive Principles and the Basic Social Obligations, for the purpose of giving effect to the public interest in public order and public welfare.
(2) For the purposes of Section 53(2) of the Constitution, this Act is expressed to be made in the national interest.
(3) For the purposes of Section 41 of the Organic Law on Provincial Governments and Local-level Governments, it is declared that this Act relates to a matter of national interest.
In this Act, unless the contrary intention appears —
"APC Committee" means the Authority to Pre-commit Committee established under the PFMA;
"Authority to Pre-commit Expenditure" means an Authority to Pre-commit Expenditure issued under the PFMA;
"bid" means an offer to provide or to acquire goods, works or services or any combination thereof, and includes prequalification where applicable;
"bidder" means a physical or artificial person intending to participate or participating in procurement proceedings;
"bid documents" means bidding documents or any other documents submitted by bidders;
"Board” means the Board of the Commission established under Section 11;
"Chief Executive Officer" means the Chief Executive Officer appointed under Section 18;
"citizen" means a person who is a citizen of Papua New Guinea within the meaning of the Constitution;
"Code of Ethics" means the Code of Ethics specified under Section 44;
"Commission" means the National Procurement Commission established under Section 8 but it does not include the staff of the Commission;
"Commission Secretary" means the Commission Secretary appointed under Section 19;
"consultancy service" means a service of an intellectual or advisory nature, provided by.