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Amendment of PPA 2004 - Cancellation of Procurement Proceedings

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Re: Amendment of PPA 2004 - Cancellation of Procurement Proceedings

Post  GadielCM on Tue Oct 12, 2010 7:12 pm

Dear in the Forum,

I can repond on the submission of Magova+fmwalongo,
Do We agree in procurement literature that procurement proceeding=procurement cycle (as Magova said)= user need identification+ payment stage to SP/CONTRACTOR/SUPPLIER ( end of procurement cycle)?.

In connection to this, Can we discuss the essence and role of PPRA AND PPAA on the subject matter submitted against the provision of laws in PPA 2004 and the proposed PPA 2010?. It seemed that, still there are contradictions from the powers of two entities (PPRA & PPAA) and the meaning of procurement proceeding and who can act on the topic submitted.

Secondly, what the law of contract says on contract to be in force and the termination of contract?, is the one entered the contract can terminate (PE) or the third party( court or PPRA, PPAA)?.

I submit for noting and discussion

GadielCM

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Re: Amendment of PPA 2004 - Cancellation of Procurement Proceedings

Post  fmwalongo on Tue Oct 12, 2010 12:21 pm

In the fist place procurement proceedings does not included contract management. Procurement proceedings to me includes all the events in sourcing a bidder and once a bid is already sourced a contract is signed and what follows there after is contract management which is not procurement proceedings.

The issue of a third party terminating the contract, you see when PPRA or PPA is given power to intervene into procuremnt proceedings or contract management, those power are judicial ie in the nature of court powers. The court does not need to be a party to be able to terminate the contract. When PPRA will be exercising the powers to terminate the contract , if the amendment will be approved, it will be after having made a finding and is satisfied of particular irregularities.

Thanks for now

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Re: Amendment of PPA 2004 - Cancellation of Procurement Proceedings

Post  RJM on Wed Sep 01, 2010 3:57 pm

From clarifications given by Magova and Maduhu in their posts now I can proceed with my concern.

Does this imply that PPRA has given also a mandate to terminate the contract which has come into force or in the implementation stage?

The same power has been given to Public Procurement Appeal Authority [PPAA] under S82(4)(g) [PPA2004] and S92(4)(g) [Proposed Act 2010] – “order that the procurement proceedings be terminated”. If one analyze the power given to PPRA it appears that it can terminates the contract which has come into force or in the implementation stage [I don’t how because PPRA is not party to the contract] while PPAA has given power to order the termination of contract [I hope the order will be directed to Procuring Entities]. To refresh memories of the forum members the same issue was discussed in this forum under Complaints Reviews [topic – PPAA Rulings] where no consensus was reached whether this power is implementable because PPAA are struggling to enforce this.

This time I am wondering whether PPRA can enforce this power. My main concern is whether third party [not party to the contract] can terminate the contract AND if this is possible which provision of the contract will apply?

RJM

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About procurement proceeding

Post  Magova on Thu Aug 26, 2010 2:17 am

The word proceedings means a series of events. Therefore procurement proceedings is a series of events/actions or activities that are undertaken when engaging in procurement. So to my side procurement proceedings is the same as the procurement process or procurement cycle

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Re: Amendment of PPA 2004 - Cancellation of Procurement Proceedings

Post  Maduhu on Wed Aug 25, 2010 10:20 pm

I think 'Procurement Proceeding' is a big concept that include user needs, Financial status, Relationship building, Environment Conservation, purchasing processes and many mores.


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Amendment of PPA 2004 - Cancellation of Procurement Proceedings

Post  RJM on Wed Aug 18, 2010 3:47 pm

One of the salient features of the Proposed PPA 2010 is more power to PPRAA as per S17(1) (b) [Cancellation of Procurement Proceedings] which states that “Notwithstanding anything to the contrary provided for in any written law, the Authority shall, after reviewing a complaint or conducting an investigation is reasonably satisfied that there is a breach of this Act, the Regulations or any guideline – terminate the procurement proceedings”. The proposed Act 2010 defines, “procurement proceedings as the proceedings to be followed by a procuring entity or any approving authority when engaging in procurement”.

Prior commenting on the power referred above, I will appreciate if someone lights the sheds whether “procurement proceedings” entails the stages outlined in the definition of procurement process? The Act defines procurement process [i]“as the successive stages in the procurement cycle, including planning, choice of procedures, measure to solicit offers from tenderers, examination and evaluation of those offers, award of contract and contract management”.




Last edited by RJM on Thu Aug 26, 2010 2:16 am; edited 2 times in total

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