i) Conditions under which the Public Procurement Act permits the use of established commercial practices
The Public Procurement Act 2016 (Amendment) Act 914 permits the use of established commercial practices under the following conditions:

• The entity must be legally and financially autonomous and operate under commercial law.
• It must be beyond contention that public procurement practices are not suitable, given the strategic nature of the procurement.
• The proposed procurement method must ensure value for money, provide competition, and maintain transparency to the extent possible.

ii) Approval procedure for using established commercial practices

• To apply commercial procurement practices, the entity must seek approval from the Governing Board of the Public Procurement Authority.
• Once approval is granted, it must be published in a gazette to make it official.

iii) Suitability of the Hospital for using commercial practices

• The hospital is not legally and financially autonomous as it operates under the Ministry of Health and Ghana Health Services. Therefore, it does not qualify to apply for approval to use commercial procurement practices.
• Given the hospital’s structure and the need for transparency in public procurement, the use of established commercial practices is not suitable. The hospital should focus on improving the efficiency of public procurement procedures instead.

iv) Functions of the Head of Procurement Entity under the Public Procurement Act 2016 (Amendment) Act 914

• Ensure compliance with the Public Procurement Act and regulations, even when concurrent approval from a tender review committee is obtained.
• Establish a procurement unit within the entity, staffed with qualified personnel.
• Empanel competent and qualified evaluation panels.
• Ensure that procurement procedures are followed, including due process and reporting requirements.
• Facilitate contract administration and ensure compliance with contract reporting requirements.