Procurement

Roles and Responsibilities of Roles and Responsibilities of Key Key Stakeholders in the Stakeholders in the

Procurement Process/CycleProcurement Process/Cycle

04/17/23 PUBLIC PROCUREMENT TRAINING 1

Presentation GuidelinePresentation GuidelineDefinition of key conceptsPublic Procurement PrinciplesCases on Principles of Public

procurementThe Procurement CycleCases on roles and

responsibilitiesRoles and responsibilities of the

key stakeholders.Challenges faced


DEFINITIONSDEFINITIONSAccording to the Public Procurement and

Disposal of Public Assets Act 2003, • ‘procurement means acquisition by

purchase, rental, lease, hire purchase, license, tenancy, franchise, or any type of works, services or supplies or any combination of the three.

• Disposal means the divesture of public assets, including intellectual and propriety rights and goodwill, and any other rights of a PDE by means, including sale, lease, franchise, auction, or any combination however classified other than those regulated by the PERD statute.


Legal Framework in Legal Framework in ProcurementProcurement

The applicable law at LG level is- The Constitution of Uganda PPDA Act, 2003 LG 1997 (Cap 243) LG (PPDA) Regulations, 2006 LG (PPDA) Guidelines, 2008 Circulars


Key Principles of Public ProcurementKey Principles of Public Procurement

Transparency Accountability Fairness and Non-discrimination Competition Confidentiality Economy & Efficiency -Value for

Money Ethics and Integrity


Consequences of not Consequences of not upholding public upholding public procurement principles.procurement principles. Emergency procurements Fraud, bribery and other forms of

corruption Cost overruns due to lack of trust and

integrity Collusion among the providers leading to

high cost of supplies Infighting among the stakeholders. Failure to access social services such as

education, health and other infrastructure Failure to get value for money in

procurements


Principles – ExercisePrinciples – ExerciseCase study questions Set Answers

Read the various cases in group.

What are the applicable principles?


SESSION 11SESSION 11

Roles and responsibilities of Key Stakeholders in

Public Procurement


INSTITUTIONAL SET UP IN THE INSTITUTIONAL SET UP IN THE PDEPDE

This constitutes: Accounting Officer Contracts Committee Procurement and Disposal Unit User Departments Evaluation Committees

(Temporally)Negotiation committees

(Temporally)



ROLES AND RESPONSIBILITIES IN THE PROCUREMENT CYCLE

Procurement Requisition. Filled with clear Specs/TOR/SOW

Review of:• Specifications/TOR/SOW• Procurement method• Evaluation Criteria•Potential supply market

Preparation of Bidding Documents e.g:• Instruction to Bidders• Price Schedule• Terms and Conditions

Advertisement and Invitations for Bids

Receipt and opening of bids

•Sign Contract•Communicate Award•Administrative review

ContractManagement • Delivery• Payment

User Department

Procurement & Disposal Unit

Accounting Officer

Review of Evaluation report (approval or rejection)

Contracts Committee

Boards / Councils

Evaluation Committee (ADHOC)

Confirmation of Availability of funds

Contract

Monitoring4

Procurement Plan and Budget

Award of Contract

Procurement method Approval

Approval of Bidding Documents

1

Evaluation of bids

ContractPerformanceEvaluation

Note: In case this cycle is not adhered to, please inform the Accounting Officer or PPDA.

2 3

5

7

810

2 3

5

6

7

89

11

12

13

15

14

Boards / Councils

Role players – Practical Role players – Practical casescases

Read the cases in groups. What are the functions of each role

player? (List at least 6 functions).


ACCOUNTING OFFICER ACCOUNTING OFFICER (AO)(AO)

Functions:Controls and is accountable for all resources

of the Entity. Has overall responsibility for ensuring

procurement funds are spent efficiently in accordance with applicable legislation.

Establishes the Contracts Committee Establishes the Procurement and Disposal

Unit Informs the Authority of the composition and

qualifications of the members of the CC and PDU.


ACCOUNTING OFFICERACCOUNTING OFFICER (AO)(AO)

Confirms availability of and commits funds for any procurement activity.

Ensures that value for money is obtained.Ensures that procurement work plans are

prepared and approved.Communicates with the Authority on

matters related to procurement and disposal, including reports.

Communicates contract award decisions to successful bidders.

Advertising Bid opportunities


ACCOUNTING OFFICERACCOUNTING OFFICER (AO)(AO)

Signs the awarded contract on behalf of the PDE

Ensures implementation of the contract as per terms of the award through monitoring reports.

Communicates termination of contract by the CC.

Investigates complaints from providers and issue a decision in writing within 15 working days.

Approves and implements any recommendations for delegation of procurement functions.


QUALIFICATION OF CC QUALIFICATION OF CC MEMBERSMEMBERSAppointed from public officers

employed on a full time basis or appropriate external body.

Appointment is based on technical competence and skills to discharge the functions.

CC members to serve for 3 years and eligible for re-appointed for only 1further term.

Adjudicates procurement and disposal process of the PDE


CC CC FUNCTIONS/RESPONSIBILITIESFUNCTIONS/RESPONSIBILITIESRecommend for delegation of a

procurement or disposal function to the AO.

Terminate contracts upon recommendation of the PDU and/or user department

Participate in public and internal bid opening.

Recommend suspension of providers to the Authority.

Approve or reject recommendations from the PDU as recommended by the EC.

Award contracts Approve membership of the EC and NT.


PROCUREMENT AND DISPOSAL PROCUREMENT AND DISPOSAL UNITUNIT FUNCTIONS FUNCTIONS

Manage (coordinate) all the day to day procurement and disposal activities of the PDE.

Consolidate Plans for procurement and disposal activities of the PDE

Obtain approvals from the CC on documentation, procedures, reports and recommendations at various key stages in the procurement process.

Support the functioning of the CC by making timely and accurate submissions

Implement decisions of the Contracts Committee


PDU FUNCTIONSPDU FUNCTIONS

Check statement of requirements prepared by the users and/or assist with their preparation

Prepare advertisements for bid opportunities Manage pre-bid meetings, bid closings and

openings, keeping bids in safe custody. Maintain and archive records from the

procurement process Display procurement information on the

public procurement notice board. Manage the evaluation process –

recommending members of EC and presenting EC report to CC


PDU FUNCTIONSPDU FUNCTIONS

Prepare monthly reports for the CC – on Procurements, Disposals and Micro-Procurements

Maintain a providers list as well as a pre-qualification list

Monitor contract management by user departments and produce reports

(Act sec.31 and Reg.58)Receive contract management reports

from the User dept.


FUNCTIONS OF USER FUNCTIONS OF USER DEPARTMENTSDEPARTMENTS

User Department – means a department, division, brigade, battalion, section or project unit of the PDE which initiates procurement and disposals

Functions: Identifying departmental procurement

needs/preparing a procurement work planProvide technical input – by preparing a

statement of requirements Initiate procurement requirements using

LG form 1 04/17/23 PUBLIC PROCUREMENT TRAINING 20

USER DEPARTMENTS USER DEPARTMENTS (UDs) (UDs) FUNCTIONSFUNCTIONS

Conducting technical evaluations- as a member of the EC.

Certify payments to the providersManaging contracts once placed through

an appointed contracts manager. Maintain record of contract managementPrepare reports of contract management

and submit them to the PDU.


MEMBERSHIP OF THE EVALUATION MEMBERSHIP OF THE EVALUATION COMMITTEECOMMITTEE

A membership of the EC can be drawn from:

A user departmentOutside the PDEFunctions:

Ensure that the criteria stated in the solicitation documents are met

Rank and weigh on the set criteriaDevelop a scoring system for the sub

criteriaPrepare an evaluation report, with a

recommendation for award and report to the PDU


EVALUATION COMMITTEE EVALUATION COMMITTEE PROCEDURESPROCEDURESAll members of the EC have to sign the

code of Ethical Conduct in Business Members select a chairperson from

among themselves.Minutes of all meetings to be signed

by all members of the EC Evaluation report to be signed by all

members of the ECIn case of a disagreement, the EC

members have to consult the PDU


Negotiation TeamNegotiation TeamThe members are nominated by the PDU and

approved by the CC.Negotiations are not permitted until after the

CC has approved the evaluation committee’s (EC) recommendation

The EC shall prepare a negotiation plan specifying the issues and objectives to be achieved. The CC shall approve the negotiation plan.

The team shall submit recommendations to the CC.


SUMMARY OF INSTITUTIONAL SUMMARY OF INSTITUTIONAL FRAMEWORKFRAMEWORK

Accounting Officer – responsible for all the procurement and disposal activities

Contracts Committee – adjudicates and approves contract awards

Procurement and Disposal Unit – manages all the procurement and disposal work of the entity/ the ‘engine’

User Departments – initiate procurement and disposal, provide technical input and manage the contracts

Evaluation Committee – Evaluates the bids


Challenges facedChallenges facedLack of knowledge on stakeholder roles and responsibilities

Conflict of interest while performing ones duties

Infighting among stakeholderspoliticians and technical Influence of staff in the performance of procurement activities

Lack of funds to adequately implement activities

Inconsistencies in funds disbursement


Thank You for Your Thank You for Your AttentionAttention


Date post:	21-Oct-2015
Category:	Documents
Upload:	sylvia-nabwire
View:	40 times
Download:	3 times