PPADB seeks to relinquish tender awarding duties
Isaac Pinielo | Friday March 31, 2017 16:11
Presenting the proposed amendments in Gaborone this week, PPADB executive director supplies, Ken Ketshajwang said the Board wants to be transformed into a regulatory authority that will monitor and report on the performance of the public procurement system and advise on desirable changes.
As part of the changes, the PPADB is proposing a full devolution, stating that it does not want to be involved in adjudication and awarding of tenders, adding that tender committees should be given full powers to adjudicate, award, issue instructions to tenderers and oversee project implementation.
“The desire is to devolve everything irrespective of the value. Tender committees should be part of procuring entities appointed by the accounting officers and not PPADB,” Ketshajwang said.
Currently the Ministerial Tender Committees (MTC) and District Administration Tender Committees deal with tenders of lower thresholds. Depending on the size of ministry and the projects it undertakes, tenders above P100 million (smaller ministries) and P300 million (for larger ministries have to be referred to the PPADB.
In their quest to align the law with international best practices the Board seeks amendment to the PPAD Act with the new functions of the authority being monitoring and reporting on the performance of the public procurement system and advise on desirable changes as well as issuing authorised bidding documents to procuring entities.
He said the authority would conduct periodic inspections of the records and proceedings of the procuring entities to ensure compliance with procurement law.
The authority would also institute procurement audits during the tender preparatory process, contract audits in the courses of execution of an awarded tender, and performance audits after completion of contracts.
“This will enable the board to advise government, on procurement principles and practices, and register, discipline contractors and maintain an up-to-date contractors’ register,” Ketshajwang said.
Furthermore, he said the Board, as a regulatory authority will undertake research and surveys, nationally and internationally, on procurement matters. It will also organise and maintain a system for the publication of annual procurement plans, data on public procurement opportunities, awards and any other information of public interest as may be determined by the authority.
Currently, the PPAD Act allows the Board to adjudicate and award tenders for Central Government and any other institutions specified under the PPAD Act for the delivery of works, services and supplies related services. It also deals with the registration and grading of contractors who so wish to do business with government.
The Board also proposed the composition of the Board to comprise only ‘non-executive directors’ and to do away with the current hybrid composition, which includes full time executive directors and the executive chairperson as members of the board.
“The B0oard wants separation of ‘executive chairperson’ role from management and have ‘chief executive officer’ to enhance governance,” he said.
He noted that during consultations, it was discussed that there are still capacity constraints within procuring entities to be able to handle the full devolution mandate. Ketshajwang said corrupt practices in procuring entities might increase if PPADB is not involved in adjudication, adding that procuring entities’ readiness to assume full devolution still a challenge.
As a result, he said, a compromise was reached to settle for a gradual devolution approach. “The hybrid board will be retained and the executive chairperson continues to be the chair of the board,” he said.