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PROPOSED NEW PUBLIC PROCUREMENT BILL, PPA 2010

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Re: PROPOSED NEW PUBLIC PROCUREMENT BILL, PPA 2010

Post  RJM on Wed May 04, 2011 10:54 pm

Gadiel,

The Procurement Acts are not living documents but rather dynamic. I think the issue should be what is necessitating those changes and the changes are really geared to address the problems observed in the current Act? Ultimately as a country, are we going to achieve the big goals [five pillars of public procurement]?

The issue of POLICY first then ACT, this is the matter whether what comes first "chicken" or "eggs". However, this case this is not true. So we have enacted PPA 2001 then PPA 2004 and probably PPA 2011 without a Procurement Policy. Who is breaking the law here?

The big question is that, is it mandatory to have the Procurement Act derived from the Policy? Do all Acts derived from the Policies?

If you stop amending the Act until the Policy is in place - to me will imply that even current Act is there by mistake and what is being enforced by it is UNLAWFUL.

RJM

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PROPOSED NEW PUBLIC PROCUREMENT BILL, PPA 2010

Post  GadielCM on Thu Apr 14, 2011 7:41 pm

Dear forum members,
I came accross with an interesting concern to me as am procurement practioner. I came accross with an issue though TPJ Vol IV-No.11, Mrach 15th, 2011 under the heading "MPs sceptical of proposed public procurement bill". In that article, I will not quote exactly what said and what all discussed and concluded rather I put this concern to this forum so that other people who did not come accross with article (issue) to discuss and get opinions.

In short, the main concern from that article was the MP's who were in the seminar to Members of Parliament (UBUNGO PLAZA-DSM) were in doubtfull with the new proposed bill asking why are we ammending the Act after short of time?, Starting with PPA 2001, Repealed with PPA 2004 and again is going to be repealed with the new proposed one , i.e PPA 2010.

Again another area I was interested, is that, One MP raised concern that we have been ammending the Procurement Laws without having the National Procurement Policy, and it is again true that we started having with procurement laws without any policy which guide what the laws should apply. And you agree with me forum member that, now we are in the process of geting opions, contributions and inputs to establish National Public procurement Policy through Public Procurement Policy Unit (PPPU) under ministry of MOFEA.

To me, I agree with some MP's concern's that it is possible inefficiences in the past PPA Act's caused by lack and having not procurement policy which now we are seeking to have. I agree to stop ammending the Act's until we establish the national procuremnt Policy because it is possible that even the new proposed bill will still has the problem and will cause also inefficiences and again to ammend after short of time and to cause a lot of resources to sensitize that Act after has been ammended.

What are you views on this issue?

GadielCM

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