i) The Public Procurement Act applies to:

• The procurement of goods, works, and services financed in whole or in part from public funds, except where the Minister decides that it is in the national interest to use a different procedure.
• Functions that pertain to procurement of goods, works, and services including the description of requirements, invitation of sources, preparation, selection, and award of contract, and the phases of contract administration.
• The disposal of public stores and equipment.
• Procurement with funds or loans taken or guaranteed by the State and foreign aid funds, except where the applicable loan agreement, guarantee contract, or foreign agreement provides the procedure for the use of the funds.

Without limiting subsection (1), this Act applies to:

• Central management agencies.
• Government ministries, departments, and agencies.
• Subvented agencies.
• Governance institutions; state-owned enterprises to the extent that they utilize public funds.
• Public universities, public schools, colleges, and hospitals.
• The Bank of Ghana and financial institutions such as public trusts, pension funds, insurance companies, and building societies which are wholly owned by the State or in which the State has majority interest.
• Institutions established by Government for the general welfare of the public or community.
• Statutory funds, commissions, and other bodies established by Government for specific purposes.
• The phases of contract administration as specified in the contract administration manual.

(1 mark each for any five points identified = 5 marks)

ii) From the case, the following facts were obtained:

• The entity is established by an Act of Parliament.
• The entity is financed from 95% IGF retention and 5% budget support, which are all part of public funds.

These suggest that the entity falls within the scope of the Public Procurement Act and therefore, the CEO must apply the provisions of the Act fully. (2 marks maximum)

iii) Subject to the approval of the Board, a procurement entity may undertake procurement in accordance with established commercial practices if:

• The procurement entity is legally and financially autonomous and operates within the commercial laws.
• It is beyond contention that the public procurement procedures are not suitable, considering the strategic nature of the procurement.
• The proposed procurement method will ensure value for money, provide competition, and transparency to the extent possible. (PPA- Section 15)