Council of Ministers Regulation No. 186/2010
PUBLIC PROCUREMENT AND PROPERTY
DISPOSAL SERVICE ESTABLISHMENT COUNCIL
OF MINISTERS REGULATION
This Regulation is issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 471/2005 and Article 60 (1) of the Public Procurement and Property Administration Proclamation No. 649/2009.
1. Short Title
This Regulation may be cited as the “Public Procurement and Property Disposal Service Establishment Council of Ministers Regulation No. 184/2010”.
In this Regulation, unless the context otherwise requires:
1/ “Proclamation” means the Public Procurement and Property Administration Proclamation No. 649/2009;
2/ the definitions provided for under Article 2 of the Proclamation shall be applicable;
3/ “Ministry” means the Ministry of Finance and Economic Development.
1/ The Public Procurement and Property Disposal Service (hereinafter the “Service”) is hereby established as government institution.
2/ The Service shall be accountable to the Ministry.
The Service shall have the following objectives:
1/ to enable the timely supply of goods and services, which are commonly used by public bodies as well as goods and services which have national strategic significance, in the desired quality and at prices attributable to economies of scale resulting from bulk purchases;
2/ to enable the speedy disposal by sale of properties of public bodies at fair prices;
3/ to assist public enterprises in the procurement of goods and services and disposal of assets.
5. Head Office
The Service shall have its head office in Addis Ababa and may have branch offices elsewhere as may be necessary.
6. Powers and Duties of the Service
1/ The Service shall have the powers and duties to:
a) carryout the procurement of goods and services falling within the list of common user items to public bodies as well as goods and services which have national strategic significance, as determined by directives of the Ministry;
b) carryout the sale of public properties the values of which are over the amount specified by directives of the Ministry to be disposed in accordance with the decisions of the public bodies in possession of such properties;
c) without prejudice to paragraphs (a) and (b) of this sub-article, render:
(1) domestic and international procurement service based on current market information;
(2) consultancy and training services in relation to procurement;
to public bodies and, on request, to public enterprises, Regional States and the private sector.
d) collect appropriate fees for the services it renders under paragraph (c) of this sub- article;
e) own property, enter into contracts, sue and be sued in its own name;
f) carry out such other related activities as are necessary for the attainment of its objectives.
2/ In carrying out public procurement and the disposal of public property pursuant to paragraphs (a) and (b) of sub-article (1) of this Article:
a) ensure that the public procurement and property disposal are executed in accordance with the Proclamation and regulations and directives issued for the implementation of the Proclamation.
b) complete the procurement procedures for domestic procurement of goods and services which are common user items to public bodies, enter into a frame work contract and notify the same to the public bodies;
c) carryout international procurement of goods and services which are common user items to public bodies and procurement of goods and services which have national strategic significance and effect delivery of such goods and services to user entities;
d) request for and get professional support from appropriate government organs on matters that require special expertise knowledge.
7. Organization of the Service
The Service shall have:
1/ a Management Board (hereinafter the “Board”);
2/ a Director General and two Deputy Director Generals, as may be necessary; to be appointed by the Government; and
3/ the necessary staff.
8. Members of the Board
1/ The Board shall be composed of members to be designated by the Government and their number shall be determined as necessary.
2/ The allowance to be paid to members of the Board shall be fixed by the Government.
9. Power and Duties of the Board
The Board shall have the powers and duties to:
1/ oversee and supervise the Service;
2/ review and approve strategies and operational directives of the Service, and monitor the implementation of the same;
3/ review and submit to the Ministry the annual work program and budget of the Service and, upon approval, ensure the implementation of the same;
4/ approve the annual financial reports of the Service, hear external audit reports and ensure that appropriate corrective measures are taken on the basis of such reports;
5/ submit to the Council of Ministers, for approval, the rate of service charges of the Service and ensure implementation of the same;
6/ from advisory committees to it where necessary.
10. Meeting of the Board
1/ The Board shall meet once every month; provided, however that it may held a meeting at any time at the call of the chairperson, where necessary.
2/ There shall be a quorum where more than half of the members are present at any meeting of the Board.
3/ Any decision of the Board shall be made by a majority vote of the members present, in case of a tie, the chair person shall have a casting vote.
4/ Without prejudice to the provisions of this Article the Board may adopt its own rules of procedure.
11. Power and Duties of the Director General
1/ The Director General shall be the chief executive officer of the Service and shall, subject to the overall guidance of the Board, direct and administer the activities of the Service.
2/ Without limiting the generality of sub-article (1) of the Article, the Director General shall:
a) exercise the powers and duties of the Service provided for under Article 6 of this Regulation;
b) employ and administer the employees of the Service in accordance with directives to be approved by the Government following the basic principles of the federal civil service laws;
c) prepare and submit to the Board the strategic plan and annual work plan and budget of the Service, and implement the same upon approval by the Government.
d) Represent the Service in all its dealings with third parties;
e) Submit reports to the Board on the activities of the Service;
f) Carryout such other activities as are assigned to him by the Board.
3/ The Director General may delegate part of his powers and duties to the Deputy Director General and employees of the Service to the extent necessary for the efficient performance of the activities of the Service.
The budget of the Service shall be allocated by the Government.
13. Books of Accounts
1/ The Service shall keep complete and accurate books of account.
2/ The books of accounts and other financial documents of the Service shall be audited annually by the Federal Auditor General or by auditors assigned by him.
14. Inapplicable Laws
No regulations, directives or practices shall, in so far as they are inconsistent with this Regulation, be applicable with respect to matters provided for in this Regulation.
15. Effective Date
This Regulation shall come into force on the date of publication in the Federal Negarit Gazeta.
Done at Addis Ababa, this 9th day of July, 2010
PRIME MINISTER OF THE FEDERAL
DEMOCRATIC REPUBLIC OF ETHIOPIA