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Acceptance of Tender and Entry into Force of a Procurement Contract – For Local Government Authorities

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Acceptance of Tender and Entry into Force of a Procurement Contract – For Local Government Authorities

Post  RJM on Thu Feb 23, 2012 12:01 am

Section 60 of the PPA No. 7 of 2011 (newly promulgated Act) has aspect which is commendable (standstill period of 14 days for aggrieved bidders to submit complaints prior to official awarding of the tender) – Bravo! May this will reduce number of complaints to be handled after the contract has come into force.

However, one aspect which I am not comfortable with and which may be source of delays in procurement process or will create more tension in the process is on Subsection (4) which requires Accounting Officer of a Local Government Authority (LGA) before issuing a notice of intention to award a contract, submit the award decision to the Committee responsible for finance and planning for scrutiny and where the Committee is dissatisfied with the decision of the Tender Board, it shall request the Authority (PPRA) to conduct an investigation pursuant to Section 33(3). Section 33(3) states that “The budget approving authority may request the Authority to carry out procurement audits or investigations where it is not satisfied with the implementation of any procurement in the organization.”

If think there is a confusion here; Section 33(3) is concerning with implementation of procurements in the organization and audits/investigation to be carried out by PPRA are in the implementation phase (if I got it right otherwise I stand to be corrected) while Subsection (4) is talking about actions to be taken by the Accounting Officer before awarding the tender. Is the Committee for finance and planning also Budget Approving Authority or vice versa? I think there is a need of straightening this or more interpretation/clarifications are required to clear this puzzlement.

On the other hand, even if Subsection (4) stands alone without linkage with Subsection 33(3) still we are going to face problem of delays and the dilemma who is the boss between the Accounting Officer and Committee referred here. I believe this way we will be going back where we came from in terms of procurement reform in Tanzania. What this Committee will be scrutiny which Tender Board can/will not scrutiny? In this case what will be functions of the Tender Board as per Section 33(1)? May be there are reasons behind this
which most o
f us we don’t know!

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