Who appoint and approve the Negotiationn team?

The question of interpretationof laws and conflict of law arise here. In the hierachy of laws the act of parliament is above the rules/regulations in which case any rule or regulation that conflicts with the act of parlaiment is a nullity. In this particular case the section of the act prevails over the rules. So the position to pick is that of the Act.

Gadiel,

I think this is one of those Regulations that need to be changed. For all practical purposes and in order to maintain independence of functions the negotiation team should be appointed by the accounting officer as provided in PPRA's Guidelines.

This is logical given the fact that the TB is the one that approves the negotiation plan and will eventually deliberate on the outcome of the negotiation.

I am bit confusing the application of Section 37 (2) of PPA 2004 ''the membership of evaluation committee shall be recommended by PMU, in accordance with Regulations made under this Act, and approved by the Accounting Officer or Chief Executive''. While the Rg66(11)/GN 98 of 2005 of the PPA 2004 says '' PMU shall recommend membership of the negotiation team based on appropriate seniority and experience depending on the value and complexity of the procurement or disposal requirement and the membership shall be approved by the appropriate tender board''

In other hand, the Guidelines on Evaluation of Technical and Financial Proposals and Preparation of Evaluation Report Under Selection and Employment of Consultant issued by the Authority (PPRA) February 2007 higlight the formation of negotiation team under Paragraph 1.1 (b), Section I, that '' For each engagement of Consultant, the AO, CEO will appoint (a) Evaluation committee (b) Negotiation team, whereby it seems contrary to that of Rg 66(11)/GN 98/2005 which insist the recommendation of negotiation tea from PMU and approved by TENDER BOARD. So we as practioners of the day to day of the PPA and its Regulations, what is the right way on this provisions?