Group 3 SCM
Hastings Chiromo : C19136235N
Learnmore Gonde : C19136232E
Munashe Shumba : C19136286T
Tafadzwa Jengera : C19136238Y
Janet Taderera : C18135785K
Musa Chogumaira : C19136144P
Tonderai Makona : C19136285V
Tinashe Takaenzana: C1112022R
QUESTION
ANALYSIS
Part III of the Public Procurement and Disposal of Public
Assets Act {Chapter 22:23} (the Public Procurement Act)
DEFINITION
Public procurement means purchasing of goods, services or
public works contracts by the contracting authorities that
have been defined in the procurement law.
Public procurement must follow the procedures that are
stated in the law.
AIM
1. The aim of these procedures is to ensure the efficient
use of public funds.
2. Make the public procurement more effective and cost
efficient.
3. Improves the process of purchasing quality products
and increases fair competition between different
companies and organizations in the market.
PRINCIPLES OF PUBLIC
PROCUREMENT ACT
1. organizing the procurement operations to produce the
most cost efficient and well-planned results and taking
into account the environmental issues.
2. The procurement process has to be implemented on a
fair basis openly without discriminating any of the
participants.
3. Framework agreements and joint procurement can be
used as a tool for reducing administrative work.
Part III of the Public Procurement and Disposal
of Public Assets Act {Chapter 22:23} (the Public
Procurement Act) (1)
– came into effect on 1 January 2018 & replaced the
Procurement Act {Chapter 22:14}.
– regulates the procurement cycle from procurement
planning, approaches to the market, evaluation and award of
tenders, contract management and disposal of assets.
– Under the old Act, the State Procurement Board
conducted procurement on behalf of procuring entities.
Part III of the Public Procurement and Disposal
of Public Assets Act {Chapter 22:23} (the Public
Procurement Act) (2)
–public entities are responsible for their own procurement
– The Authority is responsible for overseeing and regulating
procurement activities conducted by government ministries,
Parastatals and local authorities.
–sets out the procedures to be followed and the steps to be
taken in procurement proceedings to ensure fairness,
transparency and honesty. [In line with Section 9 of the Constitution of
Zimbabwe (Amendment No. 20 of 2013) which calls upon the government to ‘adopt and
implement policies and legislation to develop efficiency, competence, accountability,
transparency, personal integrity and financial probity]
Part III of the Public Procurement and Disposal
of Public Assets Act {Chapter 22:23} (the Public
Procurement Act) (3)
Invitation to tenders
• Provides the manner of publication of invitation to tenders,
• Gives standard form requirements for bids and proposals,
• Provides criteria for evaluation of bids and proposals,
• Provides access to relevant information and official documents,
description of goods, services and work being put to tender,
provisions for security deposit and other matters
Part III of the Public Procurement and Disposal
of Public Assets Act {Chapter 22:23} (the Public
Procurement Act) (3)
ANALYSIS
1. If actively enforced, can guard against bribery,
favoritism,
unethical behavior,
preferential treatment and,
can ensure fair, impartial evaluation of contract proposals
Part III of the Public Procurement and Disposal
of Public Assets Act {Chapter 22:23} (the Public
Procurement Act) (3)
ANALYSIS
2. Negotiated procedures have proved to be the breeding
ground for tenderpreneurs (corruption in the procurement
process) in Zimbabwe.
Example:
Part III of the Public Procurement and Disposal
of Public Assets Act {Chapter 22:23} (the Public
Procurement Act) (4)
ANALYSIS
3. They create procedural opaqueness and non-probity
EXAMPLE:
Part III of the Public Procurement and Disposal
of Public Assets Act {Chapter 22:23} (the Public
Procurement Act) (4)
ANALYSIS
– However, when the value of the contract to be awarded is above
the low value thresholds, Contracting Authorities may use the
negotiated procedure with prior publication of the contract notice
– Negotiated procedure can be used in exceptional cases, when the
nature of the goods, works or services or the risks attaching
thereto do not permit prior overall pricing
Conclusion (1)
– Public entities in Zimbabwe spend large sums on public
procurement. Budget constraints make it imperative to
introduce efficient public procurement procedures and
systems to ensure value for money.
– There is a need for efficient, transparent, accountable and
professionally managed public sector procurement systems
which enjoy high level of business confidence and ensure
consistent attainment of best value for money.
Conclusion (2)
– Whilst Zimbabwe has enacted legislation to manage public
procurement, there is still the need for genuine political
commitment in enforcement and compliance, as well as
eradicating institutionalized corruption from public
procurement takes time but requires swift behavioral change.
– Public access to procurement information is important in
promoting transparency and as a key tool for anti-corruption
– Procurement reforms in Zimbabwe need to encompass the use
of technology in managing procurement processes.
References
Public Procurement and Disposal of Public Assets (General) Regulations, 2018
Public Procurement and Disposal of Public Assets Act {Chapter 22:23}
Public Procurement and Disposal of Public Assets Bill, 2016
Statutory Instrument 5 of 2018.
The Constitution of Zimbabwe Amendment 20 of 2013
THANK YOU
