LAW

1 - Why the Procurement Law has been promulgated?
Answer: The law has been enacted pursuant to the provision of Article 75, section 4 of the Constitution to regulate the public procurement of goods, services and coordination of works, both domestic and foreign, for administrations, institutions, and mixed companies.
2 - Which year did the Procurement Law was promulgated?
Answer: The Procurement Law was promulgated in 1384 and then was circulated through a decree number 59 dated 31/04/1387 and 149 dated 29/10/1387 with its amendments.
3 - How many Chapters and Articles does the Procurement Law have?
Answer: Procurement law has 10 chapters and 96 articles
4 - What is the purpose of the Procurement Law
Answer: The purposes of Afghanistan Procurement Law are:
  • Ensuring transparency in procurement proceedings.
  • To have effective control of Financial Affairs and Public Expenditure.
  • Ensuring Economy, Best Value for Money in Procurement of Goods, Services and Work.
  • Providing tendering opportunities for participation to all eligible bidders in procurement proceedings .
5 - Who is the Award Authority?
Answer: Award Authority is the person with authority to award a contract or approve a contract modification concerning the procurement of goods, services or works, pursuant to provisions of Procurement Law and the Public Finance and Expenditure Management Law
6 - Who consists the Procurement Committee?
Answer: Procurement Committee is a Committee of Directors and Officials appointed by the entity to carry out procurement proceedings as provided for by Procurement Law
7 - What is a Bid?
Answer: Bid means a tender, proposal, or price quotation given by a bidder in response to an invitation or request for the provision of goods, works or services
8 - What kinds of Securities are required from the Bidders / or Contractors?
Answer: 1. Bid Security, 2. Advance Payment Security, 3. Performance Security
9 - Why do we take Bid Security?
Answer: The Bid Security is taken from the bidders to secure their obligation for signing of contract from submission of bids to award of contract.
10 - What are Bidding Documents?
Answer: These are documents issued by the Entity describing quantity, quality, characteristics of the goods, related services [non-consulting services to be procured], and works, conditions and the procedure for submitting a bid.
11 - Which person can be called Bidders?
Answer: Bidder is a legal or natural person, who submits an offer and participates in the procurement proceedings.
12 - What is Open Tendering?
Answer: Open Tendering is the method, in which any bidder may submit a bid concerning the procurement of his interest, in compliance with the specifications set forth in the bidding documents, to the relevant entity.
13 - What is Restricted Tendering?
Answer: It is the tendering method in which a limited number of bidders, which shall not be less than three, are invited to bid.
14 - What is Single Source Procurement?
Answer: Single Source Procurement is the method of procurement in which the procurement contract is concluded directly without holding a competitive proceeding.
15 - What does Procurement Proceedings means?
Answer: Are the Procurement Activities that follow the Procurement Initiation Decision as provided for in this Law, including any Pre-Qualification proceedings that terminate with the completion of the procurement in accordance with the procurement contract provisions
16 - What is the Bidding Period in the Open Tendering?
Answer: 21 to 90 working days for the Open Tendering. The above minimum and maximum bidding period is to be followed unless stipulated otherwise in Procurement Law and Procurement Rules of Procedures for specific type of tendering methods.
17 - In which circumstances the International Tendering is applicable?
Answer: The International Tendering is applicable in the following circumstance:
  • The goods, works or services are not available on competitive price terms from at least three (3) bidders in Afghanistan.
  • A National Tendering Proceeding has failed to identify an acceptable bidder.
18 - What does the Procurement Announcement include?
Answer: The Announcement of Procurement shall include following information:
  1. Procurement Description.
  2. The means for obtaining the Bidding Documents.
  3. The deadline for the submission of bids, and the time and venue for holding tendering sessions.
  4. The procuring entity address.
  5. Requirement for security, (or otherwise).
  6. Any other information in accordance with the provisions of Procurement Law.
19 - Who does the Special Procurement Commission consist of?
Answer: The Special Procurement Commission consists of 3 members as follow:
  1. Minister of Finance
  2. Minister of Justice
  3. Minister of Economy
20 - What is the purpose of warehousing?
Answer: The Government may establish one or more warehouses to:
  1. Store goods required by all entities.
  2. Store durable supplies in excess of entities’ current needs.
  3. Store materials required for crises and emergencies, in accordance with the procedures.
  4. Manage stock levels according to historical use and projected needs.
21 - Are the bids rejected in the bid opening?
Answer: Except Late Bids, none of the bids are rejected in the bid opening
22 - If a bidder who has submitted the bid and is not present in the Bid Opening, will his bid be open?
Answer: Yes, if a bidder has submitted the bid and he is not present in the bid opening, his bid will be still opened.
23 - When can the bidder appeal for review?
Answer: A bidder that has suffered damage due to the violation of the Law is entitled to seek review by submitting a written application to the head of the Procuring Entity, unless a contract is already awarded. The application for review may be submitted to the Administrative Review Committee where:
  • A contract has been awarded
  • The Head of Procuring Entity has failed to ensure a decision with seven (7) working days of the date of receipt of the application for review; or
  • The bidder wishes to appeal against the decision of the Head of Procuring Entity
24 - Who does the Inspection Committee consist of?
Answer: It is a Committee of officials appointed by the entity for the purpose of assuring qualitative and quantitative procurement performance as provided for by this Law.
25 - Who does the Evaluation Committee consist of?
Answer: It is a Committee appointed by the entity in order to evaluate and compare bids and prepare and submit evaluation report.
26 - What does Pre-Qualification mean?
Answer: A prequalification proceeding may be held for procurements of complexity or for multiple contracts in order to identify bidders that are qualified to submit bids.
27 - Which bid is returned in the Bid Opening?
Answer: The bid that is submitted after the deadline for submission of bid is returned unopened.
28 - When the contract is split into lots?
Answer: IF splitting up the procurement contract into separate lots or segments is financially and technically more advantageous to the procuring entity, and is not done for preventing competitive methods of procurement as described in Article 16 of the Procurement Law, the procurement may be so divided and the separate lots may be awarded to different bidders.
29 - What is the scope of application of the Law?
Answer: The entities, municipalities and other units funded under government budget are required to procure goods, works and services in accordance with the provisions of Procurement Law.
30 - Which areas are not included the scope of application of the Law
  1. Where procurement of goods, works and services requires confidentiality to ensure the interests and protection of the nation;
  2. Where the procurement rules of an international institution conflict with this Law, the government may, taking into consideration the agreement in accordance with the mentioned rules, agree to procure the goods works or services funded in accordance with the provisions of the agreement;
  3. Afghan government entities located abroad shall conduct procurement in accordance with rules and procedures of the host country and as per provisions of Article 91 of Procurement Law, unless agreed otherwise.
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