2 (a)

i)

Public Procurement is conducted in an environment of service delivery and achieving broad social & economic goals. On the other hand, Private procurement takes place in an environment of maximizing efficiency and sometimes profitability.

ii)

Public

procurement

takes

place

in

an

environment

of

openness

and

transparency, ensuring equality and fairness which may not be the case in private sector procurement. iii) iv) Public procurement takes place in an environment of strict legal and institutional procedures which may not be the case in private sector procurement. While private procurement is practiced each firms governance policies while public procurement operates within a range of regulations and policies estimated to accomplish broad government goals. v) In the public sector, the buyer attempt to include as many sellers as possible in order to encourage competition and maximize opportunities for value for money while in the private sector buyers may seek to use a small number of suppliers based on trusted relationships in order to maximize operating risks. vi) Under public procurement, there is an obligation to disclose purchasing and contracting information to the public including details about the out come of government contracting decisions which is not the case under private procurement. vii) In private procurement, the primary stakeholders are the shareholders and customers while in the public procurement the key stakeholders include government ministries, parliament and the general public.

2 (b) i) Open domestic bidding is a procurement method which is open to participation on equal terms by all providers through advertisement of the procurement opportunity. ii) Open International bidding is a procurement method which is open to participation on equal terms by all providers through advertisement of the procurement opportunities and which specifically seeks to attract foreigner providers. iii) Restricted domestic bidding is the procurement method where bids are obtained by direct invitation without open advertisement. iv) Restricted international bidding is a method of procurement where bids are obtained by direct invitation without open advertisement and the invited include foreign providers. v) Quotation and proposals are simplified procurement methods which compare price quotations obtained from a number of providers. vi) Direct procurement is a sole source procurement method for procurement requirements where exceptional circumstances prevent the use of competition. vii) Micro procurement is a simple direct procurement method which shall be used for very low value procurement requirements.

Public sector procurement tends to be complex in terms of processes while in the private sector processes are simple. 2. (c) Where i) ii) There is insufficient time for any other procedure such as in an emergency situation; or the works, services or supplies are available from only one provider; or

iii)

an existing contract could be extended for additional works, services or supplies of a similar nature and no advantage could be obtained by further competition, if the prices on the extended contract are reasonable; or

iv)

additional works, services or supplies are required to be compatible with existing supplies, works or services and it is advantageous or necessary to purchase the additional works, services or supplies from the original supplier, provided the prices on the additional contract are reasonable; or

v)

it is essential or preferable to purchase additional works, services or supplies from the original supplier to ensure continuity for downstream work, including continuity in technical approach, use of experience acquired or continued professional liability, if the prices on the additional contract are reasonable;

(b) In the circumstances set out in paragraph (a) where the value of the new works, services or supplies does not exceed 15% of the value of the original or existing contract and the original or existing contract has been awarded through a competitive process. 3 (a) i) Administrative review is a system of handling all complaints related to the public procurement and disposal process. (b) i) ii) iii) iv) v) vi) vii) viii) Revealing unrevealed information about procurement to one contractor. Improper acceptance of late bid Falsification of documents or receipts to get late bid acceptance Disqualifying a contractor improperly Accepting non responsive bids from preferred contractors Making unnecessary contracts during solicitation Use of biased evaluation criteria Use of biased individuals on the evaluation panel.