Public Procurement

Lecturer 9
Public Procurement
12/14/2019 @Samuel & Redeemer, 2018 1

What is Public Procurement?
• The term procurement refers to the processes involved
in the acquisition of goods, works and services.
• Public procurement relates to procurement undertaken
by central government MDAS, boards, commissions,
authorities, public universities, local government
entities and to the extent of the use of public fund in
acquiring goods, works and services by commercial
entities.
• Public procurement constitute about 60% -70% of the
annual budget after compensation for employees in
developing countries.
• Public procurement is an important element to tackle
in public financial management strategies
Redeemer krah @ Kramankus ICA Family.

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General Principles of Public
Procurement

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Why Regulating Public procurement?
• Public Procurement (PP) is among the most
dynamic areas of anti-corruption reforms being
championed by the World Bank and many countries
including Ghana.
• PP is a high level risk area in public financial
management, particularly in developing countries.
• Source of leakages in PP include:
• Bribery and inducement (10%?)
• Inflation of prices of goods, services and works,
• Acquisition of inferior goods, works and services at
exorbitant prices
• Cronyism and favouritisms
• etc
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Why Regulate Public Procurement
(cont)
• Laws on PP has been scattered in several legislation
making enforcement difficult.
• They include:
• The District Tender Board Regulations. 1995 (L.I 1606)
• The Ghana National Procurement Agency Decree.,1976
(SMCD, 55)
• Ghana Supply Commission Law, 1990 (PNDCL 245)
• In 2003, the Public Procurement Act 2003 (Act 663)
was passed to provide a single source of
procurement rule for the entire public sector.
• Further in 2016, the Act 663 was amended by
Public Procurement Act 2016, Act 914.
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Outline of Act 914
Part Heading
I Establishment of the Authority

II Procurement Structures
III Procurement Rules
IV Methods of Procurement
V Tendering Procedures
VI Methods and procedures to engage the services of consultants
VII Complaints and administrative reviews
VIII Disposal of stores, vehicles ,plant and equipment
IX Miscellaneous provisions

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Public Procurement Authority
• The authority is a body corporate.
• The object of the creating the authority is to
harmonize the public procurement in the
public service to secure a judicious,
economic and efficient use of state resources
and to ensure that public procurement is
carried out in a fair, transparent, non-
discriminatory, environmentally, and socially
transparency manner.

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Functions of the PPA
• Section 3 of Act 914 provides for the following
functions:
• To make proposal for formulation of public procurement
policies
• To develop draft rules, instructions and other regulatory
documents on PP and format for relevant documents
• To establish and implement public procurement information
systems
• o facilitate the training and professional development of public
officers involved in public procurement at various levels.
• To develop, promote and support training and professional
development of persons engaged in public procurement.

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Functions of PPA
• Section 3 (cont):
• To publish by the end of each month a public procurement
bulletin.
• To assist the local business community to become competitive
and efficient suppliers.
• To maintain a list of firms that have been barred from
participating in public procurement and communicate the list to
procurement entities.
Read from the Act all the functions of PPA

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PPA Board
• The governing body of the PPA is a board of nine
members:
• Chairperson – competent and experience in
public procurement
• Four person – one from ATG and three
nominated by minister of Finance of whom one
is a woman (all must be experience in public
procurement.
• three from private sector, one be a woman
• CEO

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Funds to the Authority
 The funds to the PPA is made up of:
 Moneys provided by parliament
 Administrative fines, fees and other income
accruing to the authority
 Donations, grants and gifts
 Other moneys provided by the Minister of
Finance
 The PPA may retain part or all of the IGR
under an L.I.

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Scope and Application of Act 914
• Act 914 should be applied to these activities
• procurement of GWS financed whole or in part from the
public funds
• functions pertaining to the procurement of GWS (eg
tender related activities
• disposal of public stores, vehicle and equipment
• Procurement by public funds with loans by government,
grants, foreign aids and IGF, unless exempted by the Act.
• In connection to entities:
• All covered entities under the PFM Act are required to
apply the Act 914, including BOG and statutory funds

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Scope and Application
• Use of Established commercial practices
• By approval of the Board, a procurement entity may
undertake procurement in accordance with established
commercial practices if:
• The entity is legally and financially autonomous and
operates under commercial law
• It is beyond contention that public procurement
practices are not suitable, given the strategic nature
of the procurement.
• The proposed procurement method will ensure
value for money, provide competition and
transparency to the extent possible.
• Board approval to use commercial method must be
published in a gazette.

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Procurement Structures
• The Act provides for these structures in the
conduct of public procurement:
• Procurement entity
• Procurement unit
• Entity tender committee
• Tender evaluation panel
• Tender review committee

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Procurement Entity
 Procurement entity is an entity conducting procurement
under the Public Procurement Act
 Procurement entity is responsible for procurement
subject to provisions of Act and any other regulations
issued by MOF.
 Head of entity is the Head of Procurement entity
 Head of entity and the officer to whom responsibility has
been delegated (Procurement Officer) are responsible and
accountable for procurement actions and decisions made
under the Act 914.
 The liability of the head of entity and procurement officer
are limited to acts that are inconsistent with the Act 914.
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Procurement entity
 Functions of the Head of procurement entity:
 Ensure compliance to the Act 914 and concurrent approval
from a tender review committee does not absolve the
accountability of the head for contracts made.
 Establish procurement unit within entity staffed with qualified
personnel.
 Empanel competent and qualified evaluation panels
 Ensure that procurement procedures are followed (due
process)
 Ensure stores, vehicles and equipment are disposed off
according to the Act
 Exercise sound judgement in making procurement decisions
 Seek concurrent approval from the tender review committee
when threshold is exceeded.
 Facilitate contract administration and ensure compliance to
contract reporting requirements
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Procurement Unit
 Procurement unit is a unit or person within
the entity that is dedicated to providing
technical procurement services to the tender
committee.
 The Head of entity establishes a
procurement unit within the entity.
 The head of procurement entity of appoints
a head the head of procurement unit, who
shall be a qualified procurement personnel.
 Head of procurement unit is the secretary to
the entity tender committee

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Entity Tender Committee
 Tender Committee refers to a body within an entity
with the responsibility for planning, processing and
generally making procurement decisions and
ensuring compliance with the public procurement
law, among others.
 A procurement entity shall establish entity tender
committee in accordance with the Act and the
composition shall be as determined by the
Schedule of the Act
 ETC must ensure to work within the thresholds
specified by the Act.

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General Function of ETC
 All entity tender committees perform these
functions:
 Ensure that each stage of the procurement process is
followed through.
 Ensure that it works within the thresholds established in
the law
 Exercise sound judgement in procurement decisions
 Review procurements above its threshold that have
been duly processed by the procurement unit and
evaluated by the evaluation panel and seek concurrent
approval from the central tender committee.
 The laws allows for delegation of duties by the
chairman and members of ETC &TRC.

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Specific Functions (depending on the
class) of entity
• MDAs, Subvented agency and Central management
agency has these functions
• Review and approve procurement plans and quarterly update
of the plan to ensure connection with the objectives and
operations of the entity
• Approved cost of items in the plan and ensure they fit into
the budget amounts.
• Review procurement schedules and specifications and ensure
compliance with law
• Secure concurrent approval from the relevant TRC
• Facilitate contract admin and ensure compliance with all
reporting requirements
• Ensure that stores and equipment are disposed off according
to the law.
* Functions for RCCs & MMDAs are largely same to these ones
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Tender Evaluation Panel
 This is an expert group appointed by the entity to
evaluate tenders and assist the TC in its works.
 The head of entity appoints a tender evaluation
panel with the required expertise to evaluate
tenders.
 The evaluation panel must evaluate tenders based
on only predetermined and published evaluation
criteria

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Tender Review Committee
 The tender review committee is established for all
central management agency, MDAs, and the
MMDAs in accordance with the Act.
 Two Review Committees
 Central tender review committee – for the MDAs
 Regional tender review committee – for MMDAs
 Decisions of the TRC may be reviewed by the
Board of the authority, upon writing compliance
from the procurement entity or tenderer.
 Dissatisfied with the ruling of the board on the
board complainant may proceed to court.
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Functions of tender Review
Committee
• Review the activities carried out in a particular
procurement at each step of the procurement cycle
to ensure compliance with the law, instructions and
guidelines.
• Give concurrent approval or otherwise to enable the
procurement entity continue with the procurement
process;
• Review decisions of heads of entities in respect of a
compliant
• Participate in public procurement fora;

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Procurement Rules
• Procurement rules covers the following
• Procurement plan*
• Qualification of tenders*
• Suspension of supplier or consultant*
• Prequalification proceedings and decisions*
• Participation in procurement proceedings
• Form of communication
• Documentary evidence in procurement proceeding
• Recording of procurement proceedings
• Cancellation of procurement proceedings*
• Rejection of tenders, proposal and quotations*
• Entry into force of the procurement contract
• Public notice of procurement contract award
• Inducements from supplier, contract and consultants
• Confidentiality
• Description of goods, works and services
• Language

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Procurement plan
• A procurement entity is required to prepare a procurement plan
to support its approved programme.
• A procurement must indicate the following:
• Contract packages, descriptions or lots
• Estimated cost for each package
• The procurement method approvals needed
• Processing steps and time lines
• Procurement plan must be submitted to the entity tender
committee for approval not later than one month to the end of
the financial year.
• Procurement plan must be updated after budget approval and
every quarter and submitted to the entity tender committee as
well
• Procurement plan of the procurement shall be posted on the
website of the Authority.
• Procurement order breaking in lower parts to avoid the
application of procedures is prohibited.
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Qualification of tenderers
• A tenderer in public procurement shall
• Possess necessary competences (professional, technical and
environmental), capabilities (managerial, reliability,
experience, reputation) and resources (financial, equipment
and personnel).
• Have the legal capacity to enter into the contract and meet
ethical and other applicable standards.
• Be solvent, not be in receivership, bankrupt or in the process
of being wound up, not having its business activities
suspended.
• Have fulfilled its obligations to pay taxes social security
contribution and pollution compensation.
• Have directors who have no criminal records or have been
disqualified by administrative suspension or debarment
• Meet other justifiable criteria set by the procurement entity
which are not discriminatory.

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Suspension of a supplier or
consultant
• The governing board my suspend a supplier or
consultant from engaging in any public procurement or
disposal process for a period determined by the board.
• Suspended action may be based on
• the recommendation of a procurement entity
• Investigation initiated by the board itself

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Suspension (cont)
• Ground of suspension
• unsatisfactory performance by Auditor General
• Failures to substantially perform its obligation
under the contract
• Suspension of supplier by a professional body
for misconduct
• Non-compliance to obligations under an Act of
Parliament.
• Conviction of corrupt practices or fraudulent
act under this Act.

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Prequalification
• Prequalification is procedures engaged by procurement
entity in identifying tenderers who are qualified prior to
submission of tenders.
• Prequalification should be conducted in accordance to
the methods and procedures of procurement under the
Act.
• Procurement entity undertaking prequalification must
supply a set of prequalification document to suppliers
or contractors at a fee
• Decision on prequalification must be based on only the
prequalification criteria in the document.
• Notice of Decision on prequalification should be made
to prequalified suppliers, otherwise on requiest.
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Cancellation of Procurement
Proceeding
• A procurement entity may cancel procurement
proceedings before the expiry of the deadline for
submission of tenders where there is:
• Discovery of An imperfection in the wording of request
for submission of tenders which could mislead supplier
• Decision to carry out the work in house by itself
• A cut in the budget for the contract
• No bid submission
• Exceptional circumstances or forced majeure render the
normal performance of the contract impossible
• The economic or technical data of the project has
fundamentally changed

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Cancellation of procurement
• Head of procurement entity may after the expiry of the
deadline for the submission of tenders, cancel a
procurement proceeding where:
• No tender has been submitted within the specified deadline;
• Tender procedure has been unsuccessful;
• Tender documents contain term or technical specifications that
cannot be met by any of tenderers
• Prices that meet the terms and technical requirements of the
tenderer documents are unrealistic or appear to be a product of
conclusion between tenders, circumvention of heathy competition.
• Circumstance under which the procurement procedures was
announced have changed to the extent that procurement is no
longer necessary.
• Exception circumstances or a forced majeure render normal
performance of the contract impossible.
• Any other serious justifiable unforeseeable reason
• NB Cancellation of procurement proceeding shall not
impose any liability to the procurement entity

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Rejection of tenders, proposal and
quotations.
• A procurement entity may reject tenders, proposal and
quotations at any time prior to acceptance if the
grounds for the rejection are specified in the tender
documents.
• Ground for rejection should be communicated to the
tenderer but justification for rejection is not required.
• No liability arises upon rejection.
• Notice of rejection must be given to participating
tenders within two days from the date the procurement
entity decides to discontinue with the tender process.

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Methods of Procurements
• The methods of procurement are put into four
categories:
• Competitive tendering
• Single source procuring
• Consultant selection
• Framework contracting
• These methods shall be used subject to and in
according with the thresholds

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Competitive tendering
• Competitive tendering methods include
• International competitive tendering (open)
• National competitive tendering (open)
• Two-stage tendering
• Request for quotation
• Restricted tendering
• A procurement shall procure goods, services or
works by competitive tendering except provided by
the Act.
• If a procurement entity uses the method of
procurement other than competitive tendering, it
shall include in the record required a statement of
the grounds and circumstances on which it relied to
justify the use of that method.
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International Competitive
Tendering
• ICT is used whenever open competitive tendering is
used and effective competition cannot be obtained
unless foreign firms are invited to tender.
• In ICT, foreign firms are invited to submit tenders so
as to deepen competition among tenders,
• Remember that both local firms and foreign firms
participate in ICT.

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National competitive tendering
• In NCT, locally registered firms are openly invited to
participate in the procurement proceedings.
• Generally, NCT does not consider the nationality of the
local firm, however a procurement entity may decide to
consider only domestic suppliers.
• A procurement using NCT is not required to conduct
prequalification unless thresholds set in the Act is met.
• In the invitation for participation, the procurement
entity that decided to limit the proceedings to domestic
supplier must notify the prospective tenders.
• Procurement entity that decided to limit participation
to domestic supplier must provide the reasons and
circumstances on which it relied.
• Submission period is between 2 to 6 weeks
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Two stage tendering
• TST is a two fold competitive method.
• A procurement may use two state tendering where:
• Not feasible to formulate detail specification,
characteristics of goods, works and services ( may due to
rapid technological advances)
• Entering into a contract for research, experiment, study
or development, except where commercial viability to
recover cost is established.

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Two Stage Tendering
• Procedures
• First stage
• Invitation document call upon suppliers to submit initial
tenders which contains proposal without tender price
• In the invitation document may solicit proposal on
technical, quality or other characteristics of the goods,
works and services.
• In this stage the procurement entity may engage in
negotiation with the suppliers whose tenders has not
been rejected under specified grounds on an aspect of
its tenders.

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Two-stage tendering
• Procedure
• State two
• Invite suppliers whose tenders have been accepted to
submit final tenders with prices on a single set of
specification
• Procurement entity may review the specification and
criteria and notify prospective supplier accordingly,
• A supplier who wishes to withdraw for submitting the final
tender may be permitted without forfeiting the tender
security.
• Final tenders are evaluated and compared in order to
ascertain the successful tenderer.

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Restricted Tendering
• Restricted tendering (RT) is a method of
procurement in which only few firms are invited to
tender for supply of goods, works and services.
• RT is used for the reason to economy and efficiency
of the procurement.
• The use of RT required the approval of the Board,
probably for a fee.
• RT is appropriate method when
• The goods, works and services could only be obtain from
one or few suppliers due to complexity and specialised
nature of the supply.
• Cost and time needed to process the tender is
disproportionate to the value of goods being procured.
• If an offer for competitive tendering fails to receive any
response after publication.
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Restricted Tendering
• Procedure for RT are:
• Invite suppliers who can supply the goods, works and
services.
• Select in a non-discriminatory manner, a number of
suppliers to ensure effective competition.
• Evaluate and compare tenders
• Select successful tender
• Offer contract
• Contract administration and reporting.

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Request for Quotation
 This is a method in which the entity request invoices from as
many suppliers , but at least three and pick the supplier with
the lowest invoice or quotation.
 The quotation should not be related in terms of ownership,
shareholding and directorship.
 Principle of conflict of interest between procurement entity
and the members should be considered in the evaluation.
 Here there should be no negotiation between the entity and
the supplier.
 Successful quotation is the one with lower prices
 Conditions for use:
 Where the goods are readily available ( they are not specially made
for the entity)
 Where established market exist for the goods and services, and the
amount falls within the threshold.
 Where the low cost goods and services are require

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Request for quotation
• Procedure
• Invite quotation ( pro forma invoice) from at least 3
suppliers of the goods and works.
• Compare the prices of the invoices considering the
relations of quotation and conflict of interest issues.
• Select the invoice with lower price
• Place order and follow up on delivery.

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Single Source Procurement
• SSP allow for offering contract to a single supplier
to supply goods, works and services.
• SSP can only be used upon the approval of the
board, for a fee.
• It is non-competitive method and therefore must
be used only under exceptional circumstances.

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Single source procurement
• Exceptional circumstances for use of SSP:
• Goods or services are only available from a single
supplier or the supplier has excusive right.
• Urgent need for the GWS not caused by dilatory conduct
of the procurement entity, making it impracticable to
use competitive methods
• Occurrence of catastrophic even making the use of
competitive method impracticable.
• Contract for research, experiment, study or
development not for commercial purpose.
• Procurement has implications for National security
• Where additional supplies need to be procured from a
supplier who had made supply in the immediate to
ensure standardization and compatibility with existing
goods or equipment.
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Single source procurement
• Procedures
• Seek approval from the Board, making clear justification
of the grounds or circumstances in accordance with the
Act.
• Invite quotation from the single supplier
• Enter in to agreement
• Contract administration and reporting

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Selection of Consultants
• The methods of selecting consultants include:
• Quality and cost based selection
• Quality based selection
• Selection based on qualification of consultant
• Least cost selection
• Fixed budget selection
• Single source selection

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Framework contracting
• Under this method, the board in consultation with
the Minister of Finance introduces a framework
contracting agreements and other methods for a
specific entity where the context permits until such
time that is possible to do so nationally.
• A procurement entity applying framework
contracting procedure must comply with the
Regulations or guidelines issued by the board.

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Tendering Procedure
• The major stages in the tendering procedures are:
• Invitation of tenders and prequalification
• Submission of tenders
• Evaluation of tenders
• Comparison of tenders and selection of a tender
• Contract offer and acceptance
• Contract administration and reporting

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Invitation of tenders and prequalification
• NCT and ICT differ in terms of some invitation rules
and requirements
• NCT
• Notice to tenders must clearly indicate whether NCT is
limited to only domestic supplier, contractors etc.
• Procurement entity may indicate that tenders should be
quoted only in the local currency and payment must be
made in local currency
• Procurement entity must state a minimum period of 2
weeks to maximum of 6 weeks for submission of
tenders.

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Invitation to tender (cont)
• ICT
• The invitation to tender and the invitation document
must be in English
• Invitation must be place in a newspaper of adequate
circulation to attract foreign competition
• At least 6 weeks should be given for the submission of
tenders
• Technical specification, to the extent compatible with
national requirements, must be based on international
standards or international conventions.
• Tenders must be presented in freely convertible
currency stated in the invitation documents.

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Invitation to tender and prequalify
• Procedures:
• Procurement entity makes invitation to tender/prequalify by
publication on the public procurement bulletin and the
website of the Authority
• Procurement entity also publishes the invitation in at least
one daily newspaper of national circulation or for ICT,
newspaper ( or other publications) of wide international
circulation.
• The content of the invitation to tender or prequalify should
comply with S.48.
• The procurement entity aslo provides a specified tender
document to the suppliers at a fee.
• Tender document content must comply with S.50-3.
• Supplier has a right to seek clarification on the document.
• The procurement entity may modify the document by issuing
an addendum prior to submission and notify all suppliers
provided with the document.
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Submission of tenders.
• Language
• Tenders should be made and submitted in English, but
supporting documents and other literature may be in
another language if translated in English
• Place, Date and Time
• The procurement entity must specify the place, date and
time as deadline for the submission.
• Minimum of 6 weeks should be allowed for submission
for ICT.
• Deadline for submission may be extended prior to the
deadline for submission when modification is made or
when procurement thinks appropriate at least 10 days
before expiry of the deadline.
• In all cases, supplier must be notified using expedient
means.

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Submission
• Mode of submission
• A tender shall be in writing, signed and be submitted in
sealed envelops.
• However, it may be submitted in other forms in
accordance with the tender document.
• The procurement entity shall provide the tenderer with
receipt showing date and time when the tender was
received.
• Tenders received after the submission deadline shall not
be opened but return to the tenderer.
• Supplier may modify or withdraw his tender prior to the
submission deadline without forfeiting his tender
security unless it is stipulated by the tender document.
• Withdrawal of tender is effective if it is received by the
procurement entity prior to the deadline for submission.

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Submission (cont)
• Tender security
• Tender security is the security provided to the entity as a
pledge against fulfilment of an obligation under the law.
• It may include bank guarantee, surety bonds, stand-by
letter of credit, cheque issued by banks, cash deposits
and bill of exchange.
• The procurement entity shall specify the principal terms
and conditions of the required tender security, including
issuer and confirmer in the invitation document.
• Circumstances under which Tender security is returned:
• Tender security expires
• Entry into force of the procurement contract and provision of
security for performance of the contract
• Termination of the contract process
• Withdrawal of tender prior to deadline for submission.

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Tender Evaluation and Comparison
• Opening of the tenders
• Tenders shall be opened at the time, date and
place specified in the tender document.
• The time for opening shall be same as the
deadline of submission.
• Tender opening shall take place in the presence
of all tenderers or proxy.
• The name and address as well as the tender
price of each tenderer must be openly
announced and recorded immediately in the
tender proceeding.

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Tender evaluation and Comparison
• Examination of tenders
• The objective of examination is to determine responsive
tenders.
• In course of examination, the respective tenders are
matched to the requirements of the tender documents.
• The procurement entity may seek writing clarification on
the tender submitted by a supplier.
• The procurement entity may correct purely arithmetical
errors in the tender and inform the tenderer promptly,
however the tender have the right to object leading to
non-acceptance of the tender.
• Substantial changes in tenders that are capable of
making unresponsive responsive is not allowed.

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Tender evaluation and comparison
• Examination of tenders (cont)
• At the examination stage, tenders are not
accepted if:
• Tenderer is not qualified.
• Tenderer refuses minor corrections
suggested by the procurement entity
• Tender is not responsive
• Inducement from tenderer.

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Tender evaluation and comparison
• Evaluation of tenders
• The entity evaluates the responsive tenders to arrive at
the successful tender.
• Evaluation must be done using only the criteria set out
in the invitation document.
• Evaluation criteria are in line with S.59-2.
• Margin of preference is also factored into the criteria to
benefit domestic suppliers or local content.
• Margin of preference must be authorised by the Board
and approved by the Board
• It involves rank
• Comparison of tenders
• Comparison of tenders is based on evaluation results
towards the selection of successful tender.

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Selection and contract offer
• A successful tender is the one with lowest tender price.
• Where the invitation document stipulates bases other
than price, then the lowest evaluation tender shall be
ascertained objectively and quantified, given due
regard to relative weights in the evaluation procedure.
• To determine lowest evaluated tender consideration
must be given to
• tender price,
• cost of operating e.t.c,
• national security and
• impact of the tender on other factors like balance of
payment, counter trade agreements, local content,
employment, technology transfer, skills development etc.
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Selection and contract offer
• Contract offer
• Successful tender is accepted and notice of acceptance
served on the supplier within 30 days after the acceptance
of the tender.
• Where a singed written contract is required, the entity and
supplier shall sign within 30 days after the notice of
acceptance.
• The contract is entered into force on the commencement
date stated in the contract.
• Where supplier fails to sign the contract within 30 working
days or fails to provide tender security, the procurement
entity will select successful supplier from among
remaining tenders that are in force, subject to the right of
the entity to reject the remaining tenders.

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Methods and procedures for
consultants
• Consultants may be procured through either
competitive method or direct invitations.
• A procurement entity causes a notice seeking
expression of interest in submitting a proposal to be
published in the public procurement bulletin for
consultancy contract and in the newspaper.
• Direct invitation is used when economy and efficiency is
considered.
• Approval of the Board is necessary
• Where services needed are available from limited consultants
• Time and cost variant
• Confidentially in to protect national security.

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Method and procedures for
consultants
• Shortlisting of candidates
• The procurement entity is responsible for preparation of
shortlist of consultants to be considered to participate in
the selection process ( at least 3 and not more than 6
are required).
• Invitation of proposal will be made to the shortlisted
consultants
• The content of the request for proposal for consultancy
services shall be in line with S.68-2.
• Selection criterial should be stipulated in the invitation
of proposal document in line with S.69-2.

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Complaints and Administrative
Review
• Right to compliant and review
• Any contractor or supplier that claims to have suffered,
or that may suffer loss or injury due to breach of a duty
imposed on the procurement entity by this Act, may
seek redress: compliant and administrative review.
• A complaint may be made by an application to the
procurement entity
• Request for administrative review may be made by an
application to the Board.
• The decision of the board may be appealed against in
court.

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Complaints and Administrative Reviews
• Matters not subjected to Complaints or admin
Review:
• Selection of method of procurement in accordance with
the Act.
• Choice of selection procedures in accordance with the
Act.
• Limitation of procurement proceeding to domestic firms
in accordance with the Act.
• Decision of procurement entity to reject a tender in
accordance with the Act.

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Complaints and Admin Review
• Complaint procedures
• This review is exercised only when the contract in question is
not already in force
• Procurement entity should not enter into force a contract
when complaints have been received about that contract.
• Complaint in writing should be submitted to the head of the
entity within 20 days after becoming aware or should become
aware of the matter.
• HOE should attempt to resolve the complaints by mutual
agreement of the supplier.
• HOE issues his written decision within 21 after submission of
the complaints, including the reason for the decision as well
as corrective actions to be taken
• The complainant may appeal against the decision with the
Board.

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Complaints and Admin Review
• Administrative Review procedures
• Administrative review may be evoked by a supplier
when:
• The contract has been entered in to force prior to the time
that the supplier became aware of the matter.
• Suppliers claimed to be adversely affected by the decision of
the head of procurement entity.
• Procedures
• The supplier submits complaint to the PPA within the
required period (21 days) or when he becomes aware of it
after decision by head of procurement entity.
• The Board notifies the HOE about the complaints against him
enters review process and other interests affected may be
permitted to participate
• Board within 21 days issues a written decision on the
complaints and gives reason
• Please read more on the powers of the board in this matters.
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Disposal of Stores, Vehicle and
Equipment
• Authority to Dispose
• Head of procurement entity shall convene a board of
survey comprising representative of the departments
with vehicle, unserviceable, obsolete or surplus stores,
plant and equipment which shall report on the items
and subject to a technical report from them,
recommend the best method of disposal after the
officer in charge has completed the board of survey
form.
• The board of surveys recommendation shall be
approved by the head of procurement entity and the
items shall be disposed of as approved.
• For item that become unserviceable for reasons other
than wear and tear, disposal guidelines issues by the
Board of procurement authority shall be followed.
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Disposal of stores…
• Procedures for disposal
• Transfer to government department or other public
institution with or without financial adjustment
• Sale by public tender to the highest bidder, subject to
reserve price
• Sale by public auction, subject to reserve price
• Destruction, dumping or burying as appropriate.

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12/14/2019 @Samuel & Redeemer, 2018 70

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Lecturer 9

12/14/2019 @Samuel & Redeemer, 2018 1

Redeemer krah @ Kramankus ICA Family.

Redeemer krah @ Kramankus ICA Family.

I Establishment of the Authority

VI Methods and procedures to engage the services of consultants

VII Complaints and administrative reviews

VIII Disposal of stores, vehicles ,plant and equipment

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Read from the Act all the functions of PPA

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