IV CONSTITUTIONAL GOVERNMENT
DECREE-LAW NO. /2011
OF ….
Establishing the National Procurement Commission
The National Procurement Commission follows the approval of a more efficient and effective procurement system and involves new entities taking part in the process, such as the National Development Agency and the Large Projects Secretariat.
The National Procurement Commission seeks to provide better procurement services to ministries and other public entities, namely in what regards large infrastructure projects, as well as achieve proper transparency for a State procurement process. As such, it is important to determine the structure, competences and tasks of the National Procurement Commission.
Thus,
Under section 115.3 of the Constitution of the Republic, the Government decrees the following, to prevail as law:
CHAPTER I
Nature, purpose and tasks
Article 1 Nature
Article 2 Purpose
The purpose of the NPC is to carry out procurement procedures for projects worth at least $1,000,000 (one million dollars), as well as to monitor and provide technical assistance to other procurement procedures done within the scope of all public entities.
Article 3 Tasks
The NPC has the following tasks:
(a) Carry out procurement procedures worth at least $1,000,000 (one million dollars);
(b) Provide technical assistance and advisory to procurement procedures up to $1,000,000 (one million dollars);
(c) Collaborate with the National Development Agency, the Large Projects Secretariat, ministries and other public entities according to the law;
(d) Any other tasks given to it by law. appointed by dispatch, via secondment, in the legal terms.
2. The NPC also includes specialists with acknowledged professional experience in the areas of procurement, lawmaking, finance and commerce, as well as in the specific area of the project, appointed by dispatch from the Prime Minister.
Article 5 Tasks of the Director
1. The NPC Director is responsible for:
(a) Managing and superintending all NPC activities;
(b) Drafting annual and multi-year activity plans and submitting them to the approval of his superiors;
(c) Drafting activity reports and submitting them to the appreciation of his superiors;
(e) Validating the procurement procedure prior to submission to the Infrastructure Fund Administration Board or to the Council of Ministers for approval;
(f) Promoting any other actions required for pursuing the mission of the NPC.
CHAPTER III Staff
Article 6 Staffing profile
The staffing profiles and vacancies for the NPC shall be approved according to the applicable legal provisions in terms of Public Administration career regime.
CHAPTER IV
Transitory and final provisions
Article 7
Articulation with other services and bodies
Ministries and other State bodies shall collaborate with the NPC and articulate their activities so as to promote a streamlined and integrated action by the Government policy for the areas listed in article 3.
Article 8 Transitory provisions
1. The NPC may request the seconding of staff members from other State services, as well as hire national or international advisors, to provide it with support in order to fulfil its tasks.
2. The NPC may hire specialized companies in order to pursue their tasks.
Article 9 Repeals
1. Decree-Law no. 3/2010 of 18 February, approving the Organic of the Commission for Monitoring the Procurement Procedure and the Technical Procurement Secretariat, is hereby repealed.
2. Decree-Law no. 14/2010 of 26 August, on Temporary Procurement Measures, is hereby repealed.
Article 10 Entry into force
Approved by the Council of Ministers on 16 March 2011.
The Prime Minister,
__________________________ Kay Rala Xanana Gusmão
The Minister of Finance,
__________________________ Emília Pires
Promulgated on
Publish it.
The President of the Republic,
