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1.

PRESENTATION TO DASAR STAFF

IN NAIVASHA BY

P. P. MEYO

2. PROCUREMENT
procurement units in the public sector are service ones.
All service units in the public sector are supportive of line units.
For efficient procurement services giving value to the line units, the procurement units must meet
specific objectives. These objectives are:
a) the right quality
b) made available at the right time
c) delivered at the right place, mainly the point of use
d) and subject to adequate funds, the right quantity.
e) when the named variables are assured,then obtain the goods/services/works at the right price.

These are important functions. To ensure that the objectives are achieved, every procuring entity in
the public sector shall establish the procurement unit, handled by those qualified( section 47 of the
PP& AD Act 2015 as read together with section 8 of the PP& D Regulations 2006)

THE RESPONSIBILITIES OF THE USER DEPARTMENTS


These responsibilities are summarised in section 9 of the PP& D Regulations(2006). These will
continue to be read together with PP&AD Act (2015) until the ones dispatched to parliament last
week will be ready.
These responsibilities include initiating procurement from the respective departments, participating
in evaluations, keeping records. Others include preparation of specifications and submitting the
same to the procurement unit(section 9(i) and carrying other duties which are consistent with the
Act.
3. PROCUREMENT PLANNING
Planning is a management concept applicable in all disciplines including Supply Chain
Management(Procurement)
Planning greatly enhances our success and as they say in management, Those who plan to
succeed do plan and those who plan to fail do not plan
Is planning applicable in procurement? The answer is YES
WHY?- Procurement uses resources, mainly financial
The world over, financial resources are limited. Yet the resources are required to obtain needs.
The needs in terms of supplies,services, projects are insatiable(endless)
For these reasons, The Public Finance and Management Act(2012) at section 68(2)(g) provides
that an accounting officer shall prepare a strategic plan for the entity in conformity with the medium
term fiscal framework and fiscal policy objectives of the National Government.
In an ideal situation, preparations of both annual and mid term budgets are made with reference to
the Strategic Plan.
The budgets are then made with the ITEM and SUB ITEM heads. From the budgets, the user units
starts to prepare departmental procurement plans.
stage 1- From the needs, we can make a wish list. Indeed we should always start with a wish list.
Once the wish list is available, then procurement planning compels us to tie wish list with
the available funds obtained through the budget.
always, the value of our wish list will be in excess of available funds
Stage 2-Prioritisation- The Reality must be faced, and out of the wish list,organisations must
prioritise. The prioritisation process is a very challenging task. Within the organisation, there are
different departments/sectors with sectorial objectives. If not handled well, these departmental or
sectorial objectives start to compete against one another.
Such competition is not healthy. It compromises harmonious relationships
Yet different parts of the organisation should work in congruence to which all departmental and
sectorial objectives should contribute.
1. PRESENTATION TO DASAR STAFF

IN NAIVASHA BY

P. P. MEYO

Stage 3 - Departments must identify their respective needs and quantify them.
In addition to identification, the user departments must prepare comprehensive specifications.
Where users do not have technical capacity, then they can use the expertise of external agencies.
The external agencies can be from the public sector(free or minimal cost) or procure from the
market)(this cost more)
Both sources from experience are time consuming though the public source was meant to be
faster.
Greatest challenges here are in such areas as the construction industry requiring the expertise of
the civil, structural, mechanical, electrical, combined electrical/mechanical and water
engineers .Also architects, quantity surveyors and knowledgeable and experienced clerk of works
Stage 4- Price /Rates forecasting. Once the items/services are identified and their quantities, the
applicable unit rates are then forecasted.
With items, quantities and unit prices known, values of various requirements are then forecasted.
These values are then fitted into the budget through prioritisation
These values makes it easier than the actual reality.
If we spend time,energy and resources forecasting the entire wish list including what will not be
procured, then we meet costs without returns. However, it is do-able and it has been done
successfully and repeatedly in many organisations

A. APPROVING THE PROCUREMENT PLAN


After submitting all departmental procurement plans,then the Supply Chain Management unit
consolidates them before submitting for approval.
Procurement plans must be approved by the Cabinet secretary(section 53(5) of the PP&AD
Act[2015].However, in the IFMIS, the configuration is still limited to the Accounting Officer.For
donor projects, NO OBJECTIONS are required at various levels including at procurement
planning for some projects including this one . No objections should not be confused with
approvals.

REQUIREMENTS OF THE LAW


Procurement planning is essential
It is not merely done because the law requires us to do so, but because it is necessary.
Like any other law, it is there to protect the good and wonderful majority while punishing the few
with bad intentions

NB. The PP&D Regulations(2006) sections 20(1-5) and 21(a-g) shows how the plans should be
dis-aggregated
For the few not willing to comply including those unable to control their egos, then they are
reminded of the provisions of sections 53(8) and(9) of the PP&AD Act 2015. It is also an offence
under the Anti-Corruption and Economic Crimes Act at section 45(2)(c).
4. REQUISITIONS. It is the responsibility of the user unit submit a Requisition to the Procurement
unit. It should be noted, that those making the Requisitions must be different from those buying
who must also be different from those receiving. The Requisitions must also be different from those
receiving. The Requisitions must be accompanied with specs. Specs here also includes
TORs,Architectural drawings, BQs and so on. The user unit will determine the most appropriate
method of making specs. Such methods may include;
descriptions and/or physical dimensions
capacity
usage
tensile strength
material input content
1. PRESENTATION TO DASAR STAFF

IN NAIVASHA BY

P. P. MEYO

samples
usage
known standard, local,national or international
drawings
BQs
colour
and, if there is no any other means, then brand name.
5. DETERMINATION OF PROCUREMENT METHOD
The head of procurement guides on the method to be used. This will largely depend on the
procurement plan, the estimated amount to be spent against the financial ceilings and the nature of
procurement and the prevailing market conditions.
The method is then applied
5.(a) OPENING AND EVALUATIONS
Both Committees of opening and evaluation must be appointed by the accounting officer.
The head of procurement must recommend those to form evaluation. In the cases of evaluation,
the accounting officer does that in consultation with the Cabinet Secretary.
Evaluation reports must be signed by each member of the evaluation committee

5(b) CABINET SECRETARY


Under the cabinet office, all evaluations are taken to an Advisory Committee before a Professional
opinion is written
6. PROFFESIONAL OPINION
The head of procurement writes a professional opinion to the Accounting Officer.

7. ADJUDICATION BY THE ACCOUNTING OFFICER[A.O.]

The A.O will then make a decision. Decision of the AO will be:
a. Either accept and approve the procurement
b. or reject the reasons
c. or give alternative directives\

8. NOTIFICATION OF RESULTS
Both the successful and unsuccessful bidders are notified. From the date of dispatch, an appeal
window period of 14 days is allowed

9. SIGNING OF CONTRACTS

After the expiry of the appeal window period, the contract can be signed with the successful bidder,
subject to there being no appeal
Where the successful bidder is required to meet certain conditions,then such must be met before
signing
10. RECEIPT OR IMPLEMENTATION OF THE PROJECTS

Goods, services or works may be received and certified as provided for in sections 48,150, 151,
152, 153 and 154. The head of Procurement to advise on the relevant section to be applied.
11. ASSETS REGISTER
Unless the goods/services are consumables,then the goods and mainly the assets to be entered
into the sets register
12. OFFENCES AND SANCTIONS
1. PRESENTATION TO DASAR STAFF

IN NAIVASHA BY

P. P. MEYO

Are there any offences and sanctions?

QUESTIONS AND ANSWERS

END
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