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PROCURMENT METHOD APPROVED BY MANAGEMENT

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Re: PROCURMENT METHOD APPROVED BY MANAGEMENT

Post  id2013 on Wed Jul 09, 2014 9:54 pm

Luqman+GWk
I attend to agree for all previous submissions but also I wish to focus on one or two issues.
The first issue is that Luqman contended that Management meeting approve procurement method therefore documentation including procurement requisition being forwarded to PMU for further process taking into account that all management members except for Accounting Officer are member of Tender Board. Through Luqman submission, if we agree such assertion it mean that the HPMU is not part of the management team/member and that means PMU is not strategically positioned in Luqman's organization. If it so it is contrary to the PPA 2011 that requires with the presence of PMU and HPMU who reports deirectlt to Accounting Officer and if it is so the HPMU is a peer person like other line managers or HoD's OR HoU's who form the management team. If again such structure is not recognizing the way I say, we can conclude that there is violation of PPA 2011 na its regulation 2013 of Luqman's entity on the PMU set up.

Secondly, if Luqman you oppose what I have said above, that means any management deliberations made under inclusion of HPMU who suppose to advise the management team on the proper way for what you have submitted, and that by doing so they are doing in wrong thing which is contrary to the law.

Thirdly, I am not sure with the suggestions of Luqman when said, All directors for the Luqman's oragnzation are members of Tender Board and Management team and to that effect the same they use the umbrella of management meeting to approve the procurement method and alike. My questions is that is there no Internal Audit Unit or directorate of which by virtue of the laws not form the Tender Board Member, and that to say Internal Audit Unit is the oversee in all laws, policies and procedures in an organization who in one way can advise also the management the way the are doing?. Internal Audit Unit is the watchdog organ who ensures the internal control in all angles of an organization.

With few comments above, let us here from other members.

id2013

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Re: PROCURMENT METHOD APPROVED BY MANAGEMENT

Post  Luqman on Fri Jul 04, 2014 6:47 pm

Dear GWK

Thank you very much for idisclosing sections and expainantion to clear my concerns
with regards

Luqman

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Re: PROCURMENT METHOD APPROVED BY MANAGEMENT

Post  GWK on Fri Jul 04, 2014 5:36 pm

Dear Lugman,

According to provisions of the public procurement act no.7 of 2011, it is not proper for the management meetings to approve procurement matters on behalf of the tender board. The meetings of the tender board should be convened adhering to provisions in the second schedule (5) of PPA 2011. Further more, the functions should be independent as per provision in PPA 2011 section 41 - "Subject to the provisions of this act, the accounting officer, the tender board, the PMU, the user department and the Evaluation committee shall act independently in relation to their respective functions and powers"

Basing on above explanation I'm of the opinion that;
  • Managerial meetings are important for CEO to certify the availability of funds for procurement PPA 2011 sec 36(1)(g)
    • The user department forwarding documents to PMU is proper PPA 2011 sec 39(1)(b)
      • PMU needs to proceed with procurement procedures as per provision of the law


Please read the Public Procurement Act section 31 through section 41 to be conversant with the procedures

I stand to be corrected

GWK

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PROCURMENT METHOD APPROVED BY MANAGEMENT

Post  Luqman on Mon Jun 30, 2014 3:59 pm

Dear Forum members,
in company X all directors with exception of CEO they are members of Tender Board.It is common in that company that users decide to use management to propose a method to be used in procurement process and the management approves in the managerial seating.

After approval, user department raise the requisition and attach with management approval and forwards both documents to PMU. to me I presumes this act pin THE PMU not to use any other alternative method regardless of the threshold and condition for single source which in any case does not exist.

is it proper for PMU as procedural to fills form no 3 requesting Tender Board to approve the same but wearing a TB member coa

Luqman

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