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THE PUBLIC PROCUREMENT ACT (ACT NO. 12 OF 2008)

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Presentation on theme: "THE PUBLIC PROCUREMENT ACT (ACT NO. 12 OF 2008)"— Presentation transcript:

1 THE PUBLIC PROCUREMENT ACT (ACT NO. 12 OF 2008)
Enacted Sept. 2008 Repealed the ZNTB Act Establishes the ZPPA OBJECTIVES Revise the law so as to ensure transparency and accountability in public procurement; Regulate and control practices in order to promote the integrity of, fairness and public confidence in, the procurement process Objectives ZNTB Act To regulate and control the procurement of goods and services To consolidate the law relating to tenders

2 THE PUBLIC PROCUREMENT ACT (ACT NO. 12 OF 2008)
Application of PPA • All procurement carried out by procurement entities using public funds, except as otherwise provided under section 3(2) of the Act (i.e: matters related to security, defence or international relations)

3 Provisions of the Act separation of functions method of procurement
Procurement process: invitation specification

4 Separation of functions
The Board ZPPA Procuring Entities Controlling Officer Procurement Committee Procurement and Supplies Unit

5 ZAMBIA PUBLIC PROCUREMENT AUTHORITY
• Regulatory body − Policy − Regulation − Standard setting − Compliance and performance monitoring − Professional development − Information management and dissemination

6 PROCURING ENTITIES Functions • Responsible for the management of all procurement activities within its jurisdiction • Ensure functions related to procurement are carried out by persons qualified and knowledgeable in accordance with the ZIPS Act

7 CONTROLLING OFFICER Functions
Responsible and accountable for ensuring all procurements of the procuring entity undertaken in accordance with the Act Functions • Appoint members of a procurement committee • Chairperson of procurement committee • Certify availability of funds • Authorise contract awards within their levels of authority • Authorise contract documents • Submit reports as required by the Authority

8 PROCUREMENT COMMITTEE
Functions • Ensure all procurements conducted in accordance with the Act • Highest approvals authority • Provide prior authorisation of the procurement processes Composition • Controlling Officer – Chairperson • 4 – 8 members appointed by controlling officer in writing (not more than 2 from outside) • Head of procurement Unit - Secretary

9 PROCUREMENT COMMITTEE (Cont’d)
Estabish sub-committee Procurement authorisation for a sub-division of the procuring entity. Carryout specific functions.

10 PROCUREMENT UNIT Carry out all procurement functions for MPSA
Provide guidance on procurement related matters Secretariat for procurement committee

11 Assignment 1 Discuss the principles of transparency, accountability and competition in public sector procurement. Illustrate how the principles are integrated into public procurement procedures. Due date: 5th September, 2014


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