ZANZIBAR INSTITUTE OF

FINANCIAL ADMINISTRATION

(ZIFA)

GROUP PRESENTATION: GROUP NO 1

TOPIC: PROCUREMENT OFFICERS AND THE LAW.

INTRODUCTION

According to Public Procurement Act (2005 and 2011) and its

regulations they don’t explain directly the legal authority of procurement

officer rather they explain the functions of PMU as the following:

Legal Authority of Procurement Officer

Section 37 Sub-section (1) explain that there shall be established in

every procuring entity a Procurement Management Unit staffed to an

appropriate level.

Section 38 analyse the Procurement Management

Unit shall the following authority.

(a) Manage all procurement and disposal by tender activities of the procuring entity

except adjudication and the award of contract;

(b) Support the functioning of the tender board;

(c) Implement the decisions of the tender board;

(d) Act as a secretariat to the tender board;

(e) Plan the procurement and disposal by tender activities of the procuring entity;

(f) Recommend procurement and disposal by tender procedures;

(g) Check and prepare statements of requirements;

(h) Prepare tendering documents;

(i) Prepare advertisements of tender opportunities;

(j) Prepare contract documents;

(k) Issue approved contract documents;

(l) Maintain and archive records of the procurement and disposal process;

(m) Maintain a list or register of all contracts awarded;

(n) Prepare monthly reports for the tender board;

(o) Prepare and submit to the management meeting quarterly reports on the

implementation of the annual procurement plan;

(p) Co-ordinate the procurement and disposal activities of all the departments of the

procuring entity; and

(q) Prepare other reports as may be required from time to time.

Personal Liability of Procurement Officer

103. No act or thing done by any member or by any employee of the Authority or Appeals Authority shall, if done or omitted bona fide in the execution or purported execution of his duties as a member or as an employee of the Authority or Appeals Authority, subject him to any action, liability or demand of any kind. According to Public Procurement Act (2005 and 2011) and its regulations the following are the personal liability;

Section 104 (1) Offences

(a) A person who knowingly gives false or misleading information or evidence in

purported compliance with a summons issued under this Act;

(b) A person who contrary to this Act, interferes with or exerts undue influence on

any officer or employee of the Authority, Appeals Authority or procuring entity or

member of tender board in the performance of his functions or in the exercise of his

her power under this Act;

(c) A person who (c) open any sealed tender, including such tenders as may be

submitted through electronic system and any document required to be sealed, or

divulge their contents prior to the appointed time for the public opening of the

tender documents;

(d) A person who connives or colludes to commit a fraudulent, corrupt,

collusive, coercive or obstructive act as defined in section 3;

(e) A person who causes loss of public properties or funds as a result of

negligence in the implementation of this Act, commits an offence and on

conviction shall be liable to a fine of not less than ten million shillings

or to imprisonment for a term of not less than seven years or to both,

and in addition to the penalty imposed in this section, the court shall

order that the amount of loss incurred by the complainant be

compensated, failure of which, the court shall issue an order of

confiscation of personal property of the person convicted in order to

recover the loss.

Sub-section (2) A person who:

(a) without reasonable excuse fails or refuses to give information, produce any document, records or reports required under section 18 or under the notice issued in accordance with subsection (3) of section 92;

(b) without reasonable excuse, fails or refuses to give information, produce any document, records or reports required under subsection (2) of section 18 or under the notice issued in accordance with subsection (4) of section 97;

(c) Delay without justifiable cause, the opening or evaluation of or the awarding of contract beyond the prescribed period; or

(d) Contravenes or fails to comply with provisions of this Act, or regulations made under this Act, commits an offence and on conviction is liable to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years or to both.

(3) Where a procuring entity consistently contravenes this Act, it shall, on the direction of the Authority, have its procurement function transferred to the Agency until the Authority is satisfied that the causes of the contravention have been rectified.

Authority of Supplier’s Representatives.

According to Public Procurement Act (2005 and 2011) and its regulations explain the authority of

supplier’s representative as following:

73.-(1) The Secretary of the tender board shall receive tenders using procedures set out in the

regulations made under this Act.

(2) The secretary to the tender board shall give each tenderer a receipt showing the time and the date

that the tenders were received, and any tender received after the deadline shall be returned unopened

to the tenderer.

(3) All tenders submitted before the deadline time and date for submission shall be opened in public,

in the presence of the tenderers or their representatives and other parties with a legitimate interest in

the tender proceedings and the tender opening shall take place at, or immediately after the deadline

time and date given in the tender documents for the receipt of the tenders and the names of all those

present at the tender opening and the organizations they represent shall be recorded by the Secretary

of the respective tender board.

(4) The names and addresses of each tender the total amount of each tender or and

of any alternative tenders, if they have been requested or permitted, shall be read

and recorded during the tender opening.

(5) Subject to the provisions of section 60(3), after the public opening of tenders,

information relating to e-examination, clarification and evaluation of tenders and the

recommendations concerning awards shall not be disclosed to tenderers or other

persons not officially concerned with the process until the notice of intention to

award a contract is notified to the tenderer who participated in the tender process.

(6) Information referred to in subsection (5) shall be made available to the Authority,

the Appeals Authority, accounting officer and to the Minister when that information

is so required.

Conclusion

By the conclusion it said that the procurement act of

2005 and 2011 is a light of all purchasing activities that

are practiced within the country so regulation and

principle should be followed in order to obtain the goal

which is nothing else except to achieve value for

money.