- 10 Marks
Question
or effective management of the procurement process in the public sector of the Republic of Ghana, the Public Procurement (Amendment) Act, 2016 (Act 941) has provided for specific roles of identified procurement structures.
Required:
Outline FIVE (5) functions each of the following identified procurement structures:
i) The Head of a Procurement Entity. (5 marks)
ii) Entity Tender Committee of a Municipal Assembly. (5 marks)
Answer
i) Functions of the Head of a Procurement Entity
- Ensure Compliance with the Act: The Head of a Procurement Entity is responsible for ensuring that the provisions of the Public Procurement Act are complied with throughout the procurement process.
- Establish a Procurement Unit: The Head of the Entity is required to establish a Procurement Unit to undertake all activities related to procurement within the Entity in accordance with the Act and shall appoint or designate a proficient procurement person with the requisite qualifications, experience, and skills as Head of the Procurement Unit.
- Review and Approval of Contract Awards: The Head is responsible for reviewing and approving recommendations for contract awards submitted by the Procurement Unit.
- Participation in Tender Committee Decisions: The Head participates as the Chairman or a Member in decisions of a Tender Committee or Tender Review Board as the case may be.
- Contract Signing: The Head is responsible for signing contracts on behalf of the Procurement Entity.
(Any 5 points at 1 mark each = 5 marks)
ii) Functions of the Entity Tender Committee of a Municipal Assembly
General Functions:
- Ensure Compliance with Procedures: Ensure that at each stage of procurement activity, procedures prescribed in the Act are followed.
- Work Within Threshold Limits: The Committee must operate within the threshold limits specified in the Second Schedule and the method thresholds specified in the Fifth Schedule of the Act.
- Exercise Sound Judgment: Exercise sound judgment in making procurement decisions.
Specific Functions:
- Review and Approve Procurement Plans: Review and approve annual procurement plans and quarterly updates of procurement plans to ensure they support the policies and programs of the Assembly.
- Confirm Acceptable Costs: Confirm the range of acceptable costs of items to be procured and match these with the available funds in the approved budget of the Assembly.
- Review Schedules and Specifications: Review the schedules of procurement and specifications and ensure that the procurement procedures to be followed are in strict conformity with the provisions of the Act, the Regulations, and guidelines made under the Act.
- Obtain Necessary Approvals: Ensure that the necessary concurrent approval is obtained from the appropriate tender review committee where applicable, as specified in the Third Schedule.
- Facilitate Contract Administration: Facilitate contract administration and ensure compliance with reporting requirements under the Act.
- Assist in Asset Disposal: Assist the head of the entity to ensure that stores, vehicles, and equipment are disposed of in compliance with the Act.
- Topic: Public Procurement
- Series: DEC 2023
- Uploader: Theophilus