By Frank G. Chirwa, Chirwafrank@yahoo.

com +265996600925

INPUT ON PUBLIC PROCUREMENT SYSTEM

1. Engaging the right skills in public procurement – There should be mandatory requirements and
qualifications for recruitment into the Public Procurement portfolio. In this regard,
 There should be deliberate heavy investment in continuous capacity building for existing
staff. Malawi Institute of Management (MIM) was established for this purpose, let it
carry its mandate.
 Clear KPIs should be developed for all public procurement personnel subject to review
at year end. Non-performing personnel to be removed.
 PPDA should vet all recruitment into Public Procurement (Vetting TORs to be
developed).

2. Errant Public procurement personnel should be sanctioned

 The Public Procurement Law should be amended to give specific sanction powers to the
PPDA for all personnel found to be in conflict with the public procurement law.
 The Public Procurement Law should be amended to deliberately provide for periodic
lifestyle audit for all public procurement personnel.
 The public procurement law should set the pace for deterring procurement crimes, all
procurement corruption cases have to be detected and prosecuted and offenders have
to be punished and deprived of their illicit proceeds – This will send a clear message to
would be offenders.
 Deliberate whistleblower protection program to be included in the law.

3. Transparency, Accountability and efficiency

 Eliminate single sourcing to extreme cases of emergency situations; ensure all huge
value procurements undergo competitive bidding
 All public procurements should show proof that all potential suppliers have undergone
due diligence review to establish capacity to perform, history, ownership and other legal
obligations.
 All procurement specifications should be with well-defined to avoid ambiguity – The
PPDA should take a lead in this and define the common procurement requirements. All
procurement entities should use the common defined specifications.
 PPDA should publish monthly public procurement reports in all major circulations and
on its websites with complete details of each procurement. This is not asking for the
moon, it’s within their mandate/reach.
 PPDA should continuously update the procurement risk matrix and look for
procurement corruption red flags and find ways of eliminating such issues…some of the
red flags include unusually very large complex tenders, accelerated tender, huge
number of complaints from non-winning bids, substantial changes in procurement
scope after contract award

4. Public Procurement Development and Technology

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By Frank G. Chirwa, Chirwafrank@yahoo.com +265996600925

 Simplification of Public Procurement Procedure for SMEs - The public procurement law
should be amended to allow procurement entities to receive a self-declaration from
potential suppliers, which replaces several documents certifying legal, social and fiscal
situation of the SME willing to participate in public procurement procedures. This self-
declaration should be sufficient for contracts of works under MWK 500,000,000 (Five
Hundred Million) and in provision of goods and services contracts under MWK
100,000,000 (One hundred Million).
 Public procurement should migrate towards E-procurement - This is the use of IT
technologies in public procurement to increase transparency, facilitate access to public
tenders, reduce direct interaction between procurement officials and companies,
increasing outreach and competition, and allow for easier detection of irregularities and
corruption, such as bid rigging schemes. The digitalization of procurement processes
strengthens internal anti-corruption controls and detection of integrity breaches, and it
provides audit services trails that may facilitate investigation activities. This is not
difficult for the Malawi Government to achieve.

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