Posted in Legislative Research on Dec 13, 2019

This Bill was posted on the website of Pyidaungsu Hluttaw on 29th of October 2019.

Current Status (13.12.2019) – awaiting submission to Hluttaw for debate

Bill in brief

The bill includes regulations for procurement, tender invitations, procurement from overseas companies, managing contracts, disposals, selling and renting state-owned property, cancelation of tender procedures, ethics for holders of political positions and government staff, and the formation of tribunals.

Summary of main provisions

  • The objectives of the bill are:
    • To avoid waste of state budgets
    • To be effective in government procurement and disposal of public assets
    • To ensure transparency, fairness and competition
    • To promote responsibility and accountability
  • The Ministry of Planning and Finance (MoPF) is responsible for drafting and monitoring the law, by-laws and regulations related to government procurement and disposal of public assets. It also has to arrange tribunals for decisions on complaints relating to tenders. The MoPF must submit an annual report to the Union Government about asset disposal.
  • Union-level organisations and Region/State government departments and organisations responsible for government procurement and disposal of public assets have to establish a tender committee or a committee for disposal of fixed assets. Before procurement, the purchasing plan has to be drawn up, and a procurement report has to be submitted to the MoPF according to their prescriptions and within a fixed time.
  • A tender committee has to be formed with at least three members including the head of the procurement organisation, and depending on the procurement, members from other relevant organisations can be included. Its duties are to report the purchasing plan, to confirm documents in accordance with standards, to form necessary sub-committees, and to advise the head of the procurement organisation about making contracts with the tender victor.
  • In the chapter “General”, it prescribes those who are not related with the bill – including secret procurement for the country’s defence and national security, scholarship, training, panel discussions and other similar matters.

Link

Bill text

Contact

Moe Aung, The Ananda, moeaung@theananda.org