FM – L2 – Q129 – Public Procurement Oversight

129 PUBLIC PROCUREMENT AGENCY

National Procurement Agency provides an oversight of procurement throughout the entire public sector.

(a) Explain the objective of establishing the National Procurement Agency in the Public Procurement system.

(b) Explain FIVE functions of the National Procurement Agency.

(c) Explain how the activities of the National Procurement Agency are funded.

(a) Objective of establishing the National Procurement Agency in the public sector.
The objective of creating the agency is to harmonize public procurement in the public service to secure a judicious, economic, and efficient use of state resources and to ensure that public procurement is carried out in a fair, transparent, non-discriminatory, environmentally, and socially sustainable manner. Basically, the National Procurement Agency is established to provide oversight in public procurement and to ensure adherence to procurement principles throughout the public sector.

(b) FIVE functions of the National Procurement Agency.
The functions of the National Procurement Agency are set out as follows:

  • Make proposals for the formulation of policies on procurement.
  • Ensure policy implementation and human resource development in public procurement.
  • Develop draft rules, instructions, other regulatory documentation on public procurement, and formats for public procurement.
  • Monitor and supervise public procurement and ensure compliance with statutory requirements.
  • Establish and implement an information system relating to public procurement.
  • Publish by the end of each month a Public Procurement Bulletin which shall contain information germane to public procurement, including proposed procurement notices, notices of invitation, tender, and contract award information.
  • Assess the operations of the public procurement processes and submit proposals to the Board for improvement of the processes.
  • Present annual reports to the Minister on the public procurement processes.
  • Facilitate the training of public officials involved in public procurement at various levels.
  • Develop, promote, and support training and professional development of persons engaged in public procurement, and ensure adherence by the trained persons to ethical standards.
  • Advise Government, including the Metropolitan, Municipal, and District Assemblies, on issues relating to public procurement.
  • Organize and participate in the administrative review procedures.
  • Plan and coordinate technical assistance in the field of public procurement.
  • Maintain a register of procurement entities and members of and secretaries to tender committees of public procurement entities.
  • Maintain a database of suppliers, contractors, and consultants and a record of prices to assist in the work of procurement entities.
  • Investigate and debar from procurement practice suppliers, contractors, and consultants who have seriously neglected their obligations under a public procurement contract, have provided false information about their qualifications, or offered inducements.
  • Maintain a list of firms that have been debarred from participating in public procurement and communicate the list to procurement entities on a regular basis.
  • Hold an annual forum for consultations on public procurement and other related issues to assist the local business community to become competitive and efficient suppliers to the public sector.
  • Perform such other functions as are incidental to the attainment of the objects of the Act.

(c) How the activities of the National Procurement Agency are funded.
The Agency obtains its funds from the following sources under the Public Procurement Act:

  • Money provided by parliament.
  • Administrative fines, fees, and other income accruing to the agency.
  • Donations, grants, and gifts.
  • Other money provided by the Minister of Finance.