Roles and Responsibilities of Key Stakeholders in the Procurement Process/Cycle

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PUBLIC PROCUREMENT TRAINING

Presentation Guideline
Definition of key concepts Public Procurement Principles Cases on Principles of Public procurement The Procurement Cycle Cases on roles and responsibilities Roles and responsibilities of the key stakeholders. Challenges faced

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DEFINITIONS

According 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 2/7/2014 PUBLIC PROCUREMENT TRAINING 3 regulated by the PERD statute.

Legal Framework in Procurement

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
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Key Principles of Public Procurement

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

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PUBLIC PROCUREMENT TRAINING

Consequences of not upholding public 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
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Read the various cases in group.

What are the applicable principles?

Principles Exercise
Case study questions
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Set Answers

PUBLIC PROCUREMENT TRAINING

SESSION 11

Roles and responsibilities of Key Stakeholders in Public Procurement

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PUBLIC PROCUREMENT TRAINING

INSTITUTIONAL SET UP IN THE PDE

This constitutes:

Accounting Officer
Contracts Committee Procurement and Disposal Unit User Departments Evaluation Committees (Temporally)

Negotiation committees (Temporally)

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ROLES AND RESPONSIBILITIES IN THE PROCUREMENT CYCLE

Contract Performance Evaluation

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Procurement Plan and Budget

Procurement Requisition. Filled with clear Specs/TOR/SOW

2 2

Confirmation of Availability of funds

3 3

Boards / Councils Contract Management Delivery Payment Contract Monitoring 14

User Department Procurement & Disposal Unit

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

Sign Contract Communicate Award Administrative review Award of Contract Review of Evaluation report (approval or rejection)

Accounting Officer
13 12 Contracts Committee Boards / Councils Evaluation Committee (ADHOC)

Procurement method Approval

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

11

Approval of Bidding Documents

Evaluation of bids

10

Receipt and opening of bids

Advertisement and Invitations for Bids

8 8

Note: In case this cycle is not adhered to, please inform the Accounting Officer or PPDA. 10

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Role players Practical cases

Read the cases in groups. What are the functions of each role player? (List at least 6 functions).

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ACCOUNTING OFFICER (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.

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ACCOUNTING OFFICER (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

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ACCOUNTING OFFICER (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.
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QUALIFICATION OF CC MEMBERS
Appointed

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

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CC FUNCTIONS/RESPONSIBILITIES Recommend 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
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PROCUREMENT AND DISPOSAL UNIT FUNCTIONS

Manage

(coordinate) all the day to day procurement and disposal activities of the PDE. Plans for procurement and disposal activities of the PDE approvals from the CC on documentation, procedures, reports and recommendations at various key stages in the procurement process. the functioning of the CC by making timely and accurate submissions decisions of the Contracts Committee
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Consolidate

Obtain

Support

Implement

PDU 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
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PDU FUNCTIONS
monthly reports for the CC on Procurements, Disposals and MicroProcurements Maintain a providers list as well as a prequalification list Monitor contract management by user departments and produce reports (Act sec.31 and Reg.58) Receive contract management reports from the User dept.
Prepare
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FUNCTIONS OF USER DEPARTMENTS

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 plan Provide technical input by preparing a statement of requirements Initiate procurement requirements using LG form 1
User
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USER DEPARTMENTS (UDs) FUNCTIONS

Conducting

technical evaluations- as a member

of the EC. Certify payments to the providers Managing contracts once placed through an appointed contracts manager. Maintain record of contract management Prepare reports of contract management and submit them to the PDU.

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MEMBERSHIP OF THE EVALUATION COMMITTEE

A membership of the EC can be drawn from: A user department Outside the PDE Functions:
Ensure that the criteria stated in the solicitation documents are met Rank and weigh on the set criteria Develop a scoring system for the sub criteria Prepare an evaluation report, with a recommendation for award and report to the PDU
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EVALUATION COMMITTEE PROCEDURES

All

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 EC In case of a disagreement, the EC
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Negotiation Team

The members are nominated by the PDU and approved by the CC. Negotiations are not permitted until after the CC has approved the evaluation committees (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.

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SUMMARY OF INSTITUTIONAL FRAMEWORK

Accounting Contracts

Officer responsible for all the procurement and disposal activities Committee adjudicates and approves contract awards and Disposal Unit manages all the procurement and disposal work of the entity/ the engine Departments initiate procurement and disposal, provide technical input and manage the contracts Committee Evaluates the bids

Procurement

User

Evaluation

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Challenges faced
Lack

of knowledge on stakeholder roles and responsibilities Conflict of interest while performing ones duties Infighting among stakeholders politicians and technical Influence of staff in the performance of procurement activities Lack of funds to adequately implement activities Inconsistencies in funds disbursement
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Thank You for Your Attention

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