For example, while Tanzania had its first version of procurement legislation in 2001, Uganda and Kenya passed their own laws in 2003 and 2005 respectively.
That is not a bad standing for merit as it signifies that the country is proactive in exploiting opportunities and fighting against threats towards achieving sustainable development to its people.
However, in many cases, when it comes to implementation, Tanzania lags behind as compared to its counterparts who normally come to learn from her before putting their own policies and laws into effect.
Unofficial reports have it that, Nigerians came to learn from Tanzania on the establishment of the Capital Development Authority (CDA) aiming at shifting their Capital City from Lagos to Abuja and their mission was concluded quite a long time but Tanzania, the “role model”, still houses its government functions in the hectic city of Dar es Salaam, 40 plus years after the establishment of CDA.
The syndrome of delays to operationalise the programs is associated with shelving the formulated policies, conflict of laws, and more than one institution being empowered by law to perform the same functions (duplication) among others.
In today’s article, I will dwell on only one factor (duplication) and, specifically, highlights will be on duplication of efforts created by the Public Procurement Act, 2011 (PPA, 2011) and its Regulations (GN.No.446 of 2013).
Like other procedural laws, PPA, 2011 established a number of institutions to deal with public procurement in one way or another.
The institutions are Public Procurement Policy Division (PPPD), Public Procurement Regulatory Authority (PPRA), and Public Procurement Appeals Authority (PPAA).
Apart from these institutions, there are others established by different legislations and either mentioned in PPA, 2011 or not but taking part in public procurement.
These are Government Procurement Services Agency (GPSA) established under the Executive Agencies Act, 1997 and the Procurement and Supplies Professionals and Technicians Board (PSPTB) established by the Procurement and Supplies Professionals and Technicians Board Act, 2007.
When taking a look at each and every function of an individual institution you find that some functions complement each other. For example section 9(1) of PPA, 2011 provides that functions of the Authority shall be to:-
a) Advise Government, local government authorities and statutory bodies on procurement principles and practices;
b) Monitor and report on the performance of the public procurement systems in the United Republic of Tanzania and advise on desirable changes;
c) Prepare, update and issue authorized versions of the standardized tendering documents, procedural forms and any other attendant documents to procuring entities;
d) Ensure in collaboration with relevant professional bodies, that any deviation from the use of the standardized tendering documents, procedural forms and any other attendant documents is effected only after prior written approval of the Authority;
e) Issue guidelines under this Act;
l) Administer and enforce compliance with the provisions of this Act, regulations and guidelines issued under this Act;
m) Undertake research and surveys nationally and internationally on procurement matters; among others.
On the other hand, section 6(1) of the same Act provides that, the functions of the PPPD shall be to:-
a) Develop a National Procurement policy;
b) Review procurement policies, regulations, circulars and other related directives with a view of updating the same;
c) Monitor the implementation of Public Procurement policies;
f) Advise the Central Government, local governments and statutory bodies on issues related to procurement policies;
g) Develop and manage procurement cadre.
Also, section 6(2) adds on that, for the purpose of subsection (1), the PPPD shall:-design and implement public procurement advisory mechanisms, monitor, evaluate and review public procurement systems, study and mainstream best public procurement systems, analyse public procurement issues and challenges, advise, provide guidance and follow-up on their implementation, Conduct research and other studies on public procurement and advise, harmonize public procurement systems in the country and monitor their implementation, monitor and evaluate performance of public procurement institutions, develop public procurement and supplies cadre, develop capacity structure, human resources and succession plans for procurement and supplies staff, provide inputs and advise for the development of public procurement and supplies curricular, manage the establishment of Procurement Management Units; among others.
Further, section 65(3) of PPA, 2011 & regulation 63(3) empower GPSA to approve other Procuring Entities (PEs’) emergency procurement an act which is supposed to be done by the regulator (PPRA).
Similar powers (regulatory) are also found under section 50(2) of PPA, 2011 which provides that the Agency (GPSA) shall in collaboration with the Authority (PPRA) set procedures for procurement of Common Use Items and Services (CUIS) by procuring entities through framework agreements while the Agency itself is the PE.
On its part, PSPTB under section 7 of its enabling law is mandated to:
a) Formulate and advise the Government on overall policy relating to the profession of Procurement and Supplies;
b) plan, direct, co-ordinate, monitor and control personnel requirements in procurement and supplies management profession;
c) provide professional advice to and recognize all training institutions within the country offering courses in procurement and supplies, consultancy services in procurement and supplies management, materials handling, clearing and forwarding, packaging, professional warehousing management, contract management and auctioneering;
d) formulate, establish and enforce the maintenance of standards of conduct and regulate the activities of procurement specialists, supplies professionals, procurement auditors, supplies and stock auditors, procurement technicians, and supplies technicians and the profession of procurement and supplies management;
e) Train or provide opportunities for the training of persons in the principles, procedures and techniques of procurement and supplies management; among other functions.
Having seen some statutory functions of the above mentioned bodies, you may note that duplication is evident. Interestingly, all the above institutions belong to one ministry (Finance).
In my view, their functions could be merged to reduce the number of offices whereby PPRA and PSPTB can accommodate some of the functions of the other two organs and GPSA should remain as the PE not an implied regulator as it is.
As pointed out earlier on, duplication does not only create delays but also erodes the national cake in terms of office establishments and wage bill. I therefore urge the government that when continuing to search for ghost workers in order to reduce unnecessary government spending it should also turn to ghost offices not only in procurement regime but also in other sectors.
The author is an authorized Procurement and Supplies professional.
E-mail pmutabirwa@yahoo.com
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