PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSETS AUTHORITY

DRAFT REPORT ON THE UPTAKE OF ENVIRONMENTAL SAFETY HEALTH AND

SOCIAL SAFEGUARDS IN PUBLIC PROCUREMENT IN LOCAL GOVERNMENT
PROCURING AND DISPOSING ENTITIES

OCTOBER 2022
 Table of Contents

1.0 Background..................................................................................................................3

1.1 Problem Statement......................................................................................................3

1.2 Objectives of the study................................................................................................3

1.3 Relevance of the Study...............................................................................................4

2.0 Methodology................................................................................................................4

2.1 Research Methods.......................................................................................................4

2.2 Sample.........................................................................................................................4

2.3 Data collection process...............................................................................................4

2.4 Data analysis and reporting.........................................................................................5

3.0 Study Findings.............................................................................................................5

3.1 Category of the Respondents......................................................................................5

3.2 Extent of Uptake of ESHS Provisions.........................................................................5

3.3 Training on ESHS Provisions......................................................................................6

3.4 Recommendations on how to improve the uptake of ESHS provisions......................7

ANNEX 1: List of District Local Governments Sampled...................................................8

1.0 1.0 Background

Since the Financial Year 2018/19 when the Uganda Intergovernmental Fiscal Transfer
Reform Program for results was started in selected districts, Environmental, safety
health and social safeguards were mainstreamed in the public procurement of works
contracts in Local government Entities with guidelines developed by an interagency
taskforce, disseminations conducted for all implementing Agencies and subsequently,
the PPDA revised the Standard Bidding Documents for works to incorporate the
provisions on ESHS.

1.1 1.1 Problem Statement

1.2

Despite efforts undertaken to mainstream ESHS provisions in Public Procurement,

especially works contracts, uptake of these provisions remains low and where it is being
implemented, it remains restricted to the UGIFT programme which is likely to affect
sustainability of ESHS in public procurement contracts beyond the UGIFT programme.
This therefore necessitated a study to understand the extent of uptake of ESHS
provisions in public procurement and the underlying reasons for the low uptake in order
to come up with recommendations to improve the uptake of these provisions in public
procurement works contracts in Local Government PDEs.

1.2 Objectives of the study

The main objective of the study was to investigate the uptake of the environmental
entities. Specifically, the study will address the following objectives.

i. To establish the extent of uptake of ESHS provisions in public procurement

contracts in Local Government.
ii. To identify the underlying causes for the low uptake of ESHS provisions in Local
Government Procuring and Disposing Entities.
iii. To undertake a comparative analysis on the uptake of ESHS provisions in UGIFT
funded projects compared with projects implemented under other sources of
funding in Local Government Entities.
 iv. To document the benefits enjoyed by Local Government PDEs from the
implementation of ESHS in public procurement
v. To make evidence backed recommendations on how to improve the uptake of
ESHS provisions in Local Government Procuring and Disposing Entities.

1.3 Relevance of the Study

The findings from this study have provided information to the stekeholders in the
implementation of environmental safety, health and social safeguards on what needs to
be done to enhance the ESHS provisions in Local Government PDEs

2.0 Methodology

2.1 Research Methods

The study adopted a mixed methods approach where both qualitative and quantitative
data was collected from the Entities. The collected data was collaborated with the
findings from audit reports to obtain an in-depth understanding on the uptake of ESHS
provisions in Local Government PDEs.

The study was conducted in-house by the staff of the Public Procurement and Disposal
of Public Assets Authority (PPDA) under the guidance of the PPDA Research unit which
was charged with development of the data collection tools, data quality assurance and
production of the report.

2.2 Sample
The study was conducted in 100 Local Government PDEs. These PDEs have been
randomly selected to include Entities implementing UGIFT projects, those that have
implemented a UGIFT Project before and those scheduled to implement a UGIFT
project in future as well as those not implementing UGIFT projects. The detailed list of
Entities sampled is contained as Annex 1.

2.3 Data collection process

The data was collected by a multi-Agency Team with technical staff from PPDA and
Ministry of Finance Planning and Economic development who have been involved in the
implementation of ESHS in Local Government PDEs.
2.4 Data analysis and reporting
The research unit of PPDA headed by the senior manager strategy and planning was
responsible for data quality assurance (completeness, accuracy and consistency of the
data) as well as undertaking the requisite analyses on the data to come up with a report.

3.0 Study Findings

3.1 Category of the Respondents

Frequenc %ag
Position y e
Contracts Committee Member 3 3
District Community Development Officer 14 14
District Environmental Officer 15 15
District Health Officer 12 12
Head Procurement and Disposal Unit 56 56
TOTAL 100 100

Out of the total 100 respondents, the majority, 56 (56%) of them were Head
Procurement and Disposal Unit (HPDU), 15 (15%) were District Environmental Officers,
14 (14%) were District Community Development Officers, 12 (12%) were District Health
Officers and 3 (3%) were Contracts Committee Members.

3.2 Extent of Uptake of ESHS Provisions

 Response Frequency %age

Yes 56 56
No 44 44
TOTAL 100 100

From the study findings, 56 (56%) of the PDEs are using the revised new SBDs for
works while the remaining 44 (44%) of them are not using the new SBD for works.
 A Graph on the Extent of Uptake of ESHS Provisions

No 44

Series1

Yes 56

0 10 20 30 40 50 60

The above result is explained by the fact that most PDEs are only using the new SBD
for works on UGIFT funded projects and not other projects such as GOU funded
projects

3.3 Training on ESHS Provisions

 Respon Frequen
se cy %age
Yes 32 32
No 68 68
TOTAL 100 100

From the study findings, 32 (32%) of the respondents had been trained on ESHS
provisions while the remaining 68 (68%) of them had not been trained on ESHS
provisions. The training Entities were mainly, PPDA, MOFPED, MOGLSD, MOWE and
NEMA
 Training on ESHS Provisions

Yes
32%

No
68%

Findings on extent of utilization of the revised SBD and the uptake of the ESHS
provisions
i) Entities were using the revised SBD for works projects for UGIFT funded projects
and not GOU or other projects not funded by UGIFT
ii) Key staff as the HPDU in the districts visited indicated that they were familiar with
the Environmental, Social, Health and Safety (ESHS) provisions in the
procurement of works projects and had received training from the Authority and
other Government Agencies. Other stakeholders like CC, DEO and DHO were
not as conversant.
iii) Successful bidders were not furnishing the PDEs with ESHS Performance
Security in the amount stipulated in the SCC.
iv) Some PDEs were not using the services of a suitably qualified environmental,
social, health and safety specialist/s to prepare the specifications for ESHS
working and Health and safety especially for non-UGIFT funded projects.
3.4 Recommendations on how to improve the uptake of ESHS provisions
i) There is need to train more PDE staff, District Environmental Officers,
Community Development Officers and CC members on the ESHS provisions.
ii) Enforce submission of the ESHS Performance Security by the bidders as the
bidding document state that failure by the successful Bidder to submit an ESHS
Performance Security, shall constitute sufficient ground for annulment of the
contract award among other sanctions.
 iii) The Project Managers should ensure that the Contractors submits for approval,
and subsequently implement, the Environment and Social Management Plan
submitted in the bid that includes the Strategies and Implementation Plans. The
Project Manager should not approve payment if ESHS provisions are not
implemented.
iv) Entities should include an Environment and or Health Specialist from the drafting
of the biding document to project implementation.

ANNEX 1: List of District Local Governments Sampled

Masindi Gomba Kasese Soronko Ibanda

Kiryandongo Mityana Ntoroko Pallisa Lwengo
Kamweng
Bulisa Mubende e Serere Lyantonde
Abim Mpigi Isingiro Butebo Sembabule
Luwero Mukono Rwampara Arua Bukomansibi
Nakaseke Wakiso Runkungiri Zombo Kalungu
Hoima Butambala Ntungamo Moyo Gulu
Kiboga Mbale Kanungu Adjumani Omoro
Kyankwanzi Manafwa Mitooma  Koboko Nwoya
Jinja Namisindwa Kisoro Maracha Amuru
Kamuli Butaleja Rubanda Yumbe Oyam
Mayuge Bududa Rukiga Pakwach Kole
Iganga Budaka Kabale Nebbi Apac
Kaliro Namutumba Kumi Mbarara Lamwo
Nabilatuk Nakapiripirit Bukedea Rubirizi Kitgum
Busia Kyenjojo Ngora Buhweju Pader
Bugiri kyegegwa Bulambuli Bushenyi Agago
Kapchorw
Namutumba Kabarole a Sheema Otuke
Masaka Kaabong Kween Kiruhura Moroto
Kyotera Bundibugyo Soroti Kazo Kotido