Public procurement in South Sudan
- Main law
- Public Procurement and Disposal of Assets Act 2018 1
- In force
- 26 April 2019, date of presidential signature 2
- Size
- 226 articles in seven chapters 2
- Repealed
- Interim Public Procurement and Disposal Regulations 2006 2
- Regulator
- South Sudan Public Procurement and Disposal of Assets Authority, section 6 1
- Default method
- Open competitive tendering, section 58(2) 1
- Single-source rule
- Section 58(6) and section 55(1)(a) 1
- Review route
- Accounting officer, then the Authority, sections 77 to 79 1
Law and procurement authority
The Public Procurement and Disposal of Assets Act 2018 entered into force on 26 April 2019, when the President signed it 2. It has 226 articles in seven chapters and repealed the Interim Public Procurement and Disposal Regulations 2006 2.
Section 6 establishes the South Sudan Public Procurement and Disposal of Assets Authority 1. Section 22 requires the Authority to set up a Complaints Review Committee of five members serving three-year terms 1. Section 20 refers to the same body as the Administrative Review Committee 1.
Procurement methods
Section 58(1) lists the methods a procuring entity may use, and section 58(2) makes open competitive tendering the default 1. Section 54(1)(e) requires the entity to record its reasons for using any method other than open competitive bidding 1.
| Method | When it may be used |
|---|---|
| Open competitive tendering 1 | Default for all procurement, section 58(2) 1 |
| Selective tendering 1 | Complex or specialised items with few providers, costly evaluation of many bids, or an emergency, section 58(3) 1 |
| Request for quotations 1 | Ready-made supplies or services with an established market, below the threshold in the Regulations, section 58(4) 1 |
| Request for proposals 1 | Consultancy services, alone or with supplies, section 58(5) 1 |
| Single-source 1 | Exceptional cases in section 58(6) 1 |
| Framework agreements 1 | Listed in section 58(1) 1 |
| Low value procurement 1 | Within the threshold in the Regulations, section 58(7) 1 |
Single-source and direct procurement conditions
Section 55(1)(a) says government institutions shall use single-source procurement only if no other method is available 1. Section 58(6) allows it only in these exceptional circumstances 1.
- Only one provider can supply the item, or one provider holds exclusive rights, with no reasonable substitute 1.
- An emergency creates an urgent need and another method would be impractical 1.
- A catastrophic event creates an extremely urgent need and other methods would take too long 1.
- Extra items must come from an earlier provider for standardization or compatibility, considering the original purchase, the size of the new order and the price 1.
- For a defence or national security institution, the Authority and the institution agree no other method can protect national security interests 1.
Complaints and review
Section 77 sets out administrative review, section 78 covers review by the accounting officer and section 79 covers review by the Authority 1. The Act text reviewed for this page did not show the deadlines in days for these steps 1.
Audit and IMF findings
The National Audit Chamber issued a statement on 25 October 2023 on its performance audit of the 396 km Juba-Rumbek Road, built under the Ministry of Roads and Bridges 3. The Auditor General found the contractor was not procured through open competitive tendering but through single sourcing, which did not comply with section 28 of the 2018 Act 3. The report said it was not possible to confirm whether the contract went to the most competent contractor 3.
The Auditor General reported that the contract value rose from US$711,125,700 to US$736,533,725 under an addendum, an additional cost of US$25,408,025 3. The report recommended that the Public Procurement and Disposal of Assets Authority procure road contractors with other ministries and the Roads Authority 3. The published statement contains no response from the Ministry of Roads and Bridges 3.
The IMF staff report published in June 2024 urged the authorities to make sure contract awards for all goods and services follow the 2018 Act and to put the Act into operation 4. It said considerable information gaps remain on procurement processes for road projects under the oil-for-infrastructure scheme 4. IMF Executive Directors said on 10 June 2024 that the oil-for-infrastructure program has weak controls 5.
Common questions
When can South Sudan use single-source procurement?
Only if no other method is available and one of the exceptional cases in section 58(6) applies, such as a sole provider or an emergency 1.
Who regulates procurement in South Sudan?
The South Sudan Public Procurement and Disposal of Assets Authority, established under section 6 of the 2018 Act 1.
What did the Auditor General find on the Juba-Rumbek Road?
The statement of 25 October 2023 found the contractor was single sourced, not openly tendered, contrary to section 28 of the 2018 Act 3.
What has the IMF said about procurement in South Sudan?
Its June 2024 staff report urged that all contract awards follow the 2018 Act and that the oil-for-infrastructure scheme get stronger procurement procedures 4.
Rules and fees change. Check the official site linked above before you apply or pay. Spotted an error? Email [email protected] with the official link.
Sources
- FAOLEX: Public Procurement and Disposal of Assets Act 2018, Laws of South Sudan (2018)
- UNEP LEAP: Public Procurement and Disposal of Assets Act 2018, South Sudan (accessed 20 October 2026)
- National Audit Chamber: Statement of the Auditor General on the Performance Audit of Juba-Rumbek Road (25 October 2023)
- IMF: Republic of South Sudan, 2023 Article IV Consultation, Country Report No. 24/160 (June 2024)
- IMF: Press Release No. 24/210 on South Sudan (10 June 2024)
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