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ISSN: 1821 - 6021 Vol VII - No. 7 February 18, 2014 Free with Daily News every Tuesday
Tanzania
Procurement Journal
INSI
DE
Tanzania
Procurement Journal
Tanzania
Procurement Journal
www.ppra.go.tzNOT FOR SALE
Procurement JournalProcurement Journal
Procurement opportunities
page ... 3
Procurement news
page ... 2
Public notice
page ... 8
Procurement Journal
PPA 2011 requires the annual procurement plan to be approved by the
budget approving authority.Did you know ?
A maximum value per contract allowed for individualconsultancy services.
150,000,000
Submit procurement information on time
The Public Procurement Appeals
Authority (PPAA) has dismissed
the appeal against Kahama
Town Council, which was lodged by
Palemo Beta Bidding JV in respect of
tender for upgrading of Kahama town
roads to bitumen standard, TPJ has
learnt.
According to the facts of the case,
whose copy of the proceedings was
seen by TPJ, Palemo Beta Bidding
claimed that the tender in question was
not widely advertised as the law
requires hence it lacked transparency
and the need to maximize competition
was not achieved. The company further
claimed that the award of the tender
was made to a foreign firm which was
not supposed to tender, since the value
of the tender was below the minimum
threshold of TZS 10 billion. The com-
pany was of the view that the tender
only suited for local contractors since
the government had changed the mar-
gin of exclusive preference for local
contractors from TZS 1 billion to 10
billion. The company also alleged that
the award of the tender was marred by
procedural irregularities, favoritism
and political interference.
Having reviewed the documents and
submission by the parties, PPAA con-
sidered five issues namely; Whether it
was justifiable for a foreign firm to par-
ticipate in the tender; Whether the ten-
dering procedures for the tender were
adhered to by Kahama Town Council;
Whether the disqualification of Palemo
Beta Bidding was proper at law;
Whether the award of the tender to the
successful tenderer was proper at law
and what reliefs, if any, were parties
entitled to.
In determining the first issue, PPAA
observed that Palemo Beta Bidding
relied upon the letter by Contractors
Registration Board (CRB) addressed to
them showing that a margin for exclu-
sive preference had been changed from
one billion to 10 billion shillings. The
PPAA dismisses appeal against Kahama Town Council
The Public Procurement Act,
2011 and the Public Procure-
ment Regulations which
came into operation recently have
introduced a requirement for timely
submission of procurement related
information, TPJ has learnt.
Speaking to this journal on the
changes brought about by the law,
PPRA’s Acting Chief Executive
Officer, Dr. Laurent Shirima, said
that PPA, 2011 requires procuring
entities wishing to commence com-
petitive tendering proceedings to
first publish a tender notice in the
Tanzania Procurement Journal,
PPRA’s Tender Portal, procuring
entity’s website and/or notice board
and at least in one local newspaper
and if it is an international tendering
proceeding, in one international
newspaper.
Dr. Shirima contrasted this with the
previous law, which required
procuring entities to publish tender
notices in the Journal and at least
twice in one or more newspapers of
national circulation and in the case
of international tendering in foreign
or international publications or pro-
fessional or trade journals.
Dr. Shirima said that the new
requirements mean lower advertise-
ment costs for procuring entities
since they will now be advertising
tender notices only once in one
local or international newspaper.
However, he further pointed out that
the requirements apply both in pre-
qualification as well as in competi-
tive tendering proceedings.
The Acting Chief Executive Officer
took the opportunity to remind
procuring entities that they should
ensure that general procurement
notices and contracts award infor-
mation are submitted to PPRA for
publication in the Journal and
PPRA’s Tender portal as well as in
the procuring entity’s website and
/or its notice board. He said that
publishing all tender notices in the
Journal makes it a one-stop center
where entities and prospective bid-
ders easily access information on
procurement opportunities.
Lastly, he urged all procuring enti-
ties to comply with requirements on
publication and disclosure of pro-
curement information and ensure
that annual procurement plans, gen-
eral procurement notices, tender
notices and contracts award infor-
mation are timely submitted to
PPRA for publication.
Continues on page 4
Dr. Laurent Shirima, PPRA’s acting Chief Executive Officer.
Regulations
2013, made under
Public Procurement
Act 2011, are now
available for down-
load on PPRA’s
website
www.ppra.go.tz
22 Tanzania Procurement JournalTuesday, Sept 29, 20092 Tanzania Procurement Journal Tuesday December 28, 2010Tanzania Procurement Journal Tuesday February 18, 2014
PROCUREMENT NEWS
Sheria ya ununuzi wa umma ya mwaka 2011 inataka mpango wa ununuzi wa
mwaka kuidhinishwa na mamlaka inayoidhinisha bajeti ya mwaka ya taasisi
husika.Je wajua?
Kiwango cha juu cha thamani ya fedha kinachoruhusiwa kwa kila mkataba wa mtaalammshauri.
150,000,000
1.0 Background
In February 2012, the Public Procurement Regulatory
Authority (PPRA) carried out Value For Money (VFM)
Audit to the construction projects of the Government
Employees Provident Fund (GEPF) House and the
Registration Insolvency Trusteeship Agency(RITA)
Tower pursuant to its mandate under Sub-sections 7(1)
of Public Procurement Act, 2004 (PPA 2004). The
objective of the audit was to determine whether the
projects have been implemented in accordance with the
stipulated contract terms and conditions and whether
“Value for Money” has been achieved in spending pub-
lic funds for the projects.
GEPF House project is on Plot No.37 along new Bag-
amoyo Road and RITA Tower on Plot No.727/11 along
Makunganya and Simu Streets in Dar es Salaam.The
GEPF project is a 12 storey building with a total gross
floor area of 13,334 m2, offering office spaces, confer-
ence hall, meeting rooms, shopping mall and car park-
ing.
RITA Tower project is a joint venture development
between RITA and NSSF. The project is a 29 storey
building comprising office accommodation, office
spaces for letting, shopping malls, conference halls,
meeting rooms, car parking facilities and associated
external works.
2.0 Projects costs
GEPF engaged M/s Group Six International Ltd as the
project main contractor at a revised contract amount of
TZS 14,973,622,845.00(VAT inclusive) and M/s Ardhi
Institute as the project Managers for TZS 27,002,200
(VAT exclusive) for concept design and TZS
614,000,000 (VAT exclusive) for design and supervi-
sion.
RITA engaged M/s China Railway Jiangchang Engi-
neering Co. (T) Ltd as the project main contractor for
TZS 35,862,550,578.57 (VAT inclusive) and M/s
Design Concern – dc (Project Architect), in association
with M/s UNDI Consulting Group Ltd (Project Engi-
neers) and KAMU Cost Engineering Centre (Project
Quantity Surveyors) as the project consultants for TZS
2.5 billion.
3.0 Audit Findings
3.1 The audit findings for GEPF project revealed dubi-
ous payments to the Contractor (M/s Group Six
International Ltd) amounting to about TZS 7.37
billion arising out of un-contractual payments,
which included repetition of work items, premature
payment of preliminary items, not adjusting Import
Duty and VAT exemptions, unjustified variation
orders, overpayments due to wrong assumptions,
and paying for non-existing works.
3.2 The audit findings for RITA project revealed dubi-
ous payments to the Contractor (M/s China Rail-
way Jiangchang Engineering Co. (T) Ltd) amount-
ing to about TZS 2,31 billion arising out of un-con-
tractual payments, repetition of work items, prema-
ture payment of preliminary items, not adjusting
Import Duty and VAT exemptions, unjustified vari-
ation orders, overpayments due to wrong assump-
tions, and paying for non-existing works.
3.3 Following GEPF and RITA disagreements to some
audit findings, PPRA engaged another Consultant
to verify the audit findings. The Verifier confirmed
the audit findings and established additional dubi-
ous payments of TZS 1.6 billion in GEPF project
which made total dubious payments of TZS 9.01
billion. Out of the total dubious payments detected
by the Auditor and the Verifier, GEPF accepted
only TZS 3.23 billion which is equivalent to 36%
of the total payments.
3.4 As for RITA project, the Consultant (Verifier) con-
firmed the audit findings and revealed new dubious
payments amounting TZS 5.36 billion making a
total dubious payments of TZS 7.67 billion. How-
ever, RITA agreed to only 49% of the dubious pay-
ments established by the Verifier.
4.0 PPRA Board Decision
In view of the verification findings and disagreements
to some of the audit findings by GEPF and RITA, the
Technical Committee of the Board of Directors of
PPRA at its 8th Extra Ordinary meeting held on 21st
October, 2013 directed the PPRA Management to form
a team of professionals to assess and provide its profes-
sional opinion on the issues which were raised by the
auditor and the verifier, including and any other anom-
alies that may be observed in the course of the assess-
ment. Members of the professional team were drawn
from the PPRA’s individual consultants, National Con-
struction Council, Engineers Registration Board and
Architects and Quantity Surveyors Registration Board
(AQRB).
5.0 Findings by the Professional
Team
GEPF Project5.1 The Team confirmed dubious payments of TZS
8.43 billion equivalent to about 93.5% of the total
dubious payments detected by the Auditor and Ver-
ifier which are associated to un-contractual pay-
ments and or overpayments. The un-contractual
payments include the Import Duty and VAT for
extra reinforcement bars and bamboo (marine)
boards imported but not used in the prject.
5.2 The Import Duty and VAT for extra reinforcement
bars were TZS 208,152,080.47 and TZS
412,141,119.33, respectively. As for extra bamboo
marine boards, the Import Duty was TZS
119,822,647.30 and VAT TZS 107, 097,783.80. The
total taxes for both extra reinforcement bars and
marine boards were TZS 847 million.
5.3 The Team also observed some weaknesses in the
procurement process of both the contractor and
consultant and contract execution. The weaknesses
include:
a) Changing of the rate of advance payment prior to
contract award from 15% to 30% of the contract
price. Also changing of the requirement for
advance payment from bank guarantee to bond
contrary to section 43(b) of PPA 2004 which
requires procuring entities to strive to achieve the
highest standards of equity, taking into account
fairness of treatment to all parties. Advanced pay-
Public notice on Value for Money Audit findingsfor GEPF house and RITA tower projects
Continues on page 5
Tuesday December 21, 2010 Tanzania Procurement Journal 3
GOODSProcuring entity: Ministry ofCommunication, Science and TechnologyTender No: ME/006/RCIP/2013-14/HQ/G/04Tender Name: Supply Installation of VideoConferencing System for Zanzibar RegionalAdministration Offices and Zanzibar StateHouse under the Tanzania CommunicationInfrastructure and E - Government ProjectSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB,Ministry of Communication, Science andTechnology, P.O. Box 2645, Dar es SalaamDeadline: 4th March 2014, 10:00 hours
Procuring entity: National HousingCorporationTender No: PA/066/2013-2014/HQ/G/20Tender Name: Supply of Fabrication ofBillboards Around the Design and BuildProjects in Ushindi Place ~ Plot Number36/37 Along Ally Hassan Mwinyi Plot Number 300 ~ Victoria ~ NewBagamoyo Road, Morocco Square ~ PlotNumber 1,2,3,& 44 ~ Morocco/Mwai KibakiRoad, Source of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: Secretary, Tender Board,Secretary, NHC Tender Board, P.O. Box2977, Dar es SalaamDeadline: 7th March 2014, 10:00 hours
Procuring entity: Tanzania Electric SupplyCompanyTender No: PA/001/13/HQ/G/09Tender Name: Supply of Drinking Waterfor Head Office StaffSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs100,000Contact Address: The Secretary TB,Tanzania Electric Supply Company, P.O.Box 9024, Dar es SalaamDeadline: 14th March 2014, 14:30 hours
Procuring entity: Tanzania Electric SupplyCompanyTender No: PA/001/13/HQ/G/149Tender Name: Supply of Local AreaNetwork Materials for Construction andRehabilitation of LAN in New TANESCODistrict Office Hydro and Thermal PowerStationSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB,Tanzania Electric Supply Company, P.O.Box 9024, Dar es SalaamDeadline: 14th March 2014, 14:30 hours
Procuring entity: Ministry of Energy andMineralsTender No: ME/008/2013-2014/SMMRP/G/57Tender Name: Supply of Lot 1: Field Survey EquipmentLot 2: Field Protective GearsSource of Fund: International DevelopmentAssociationEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 150,000Contact Address: The Secretary TB,Ministry of Energy and Minerals, P.O. Box2000, Dar es Salaam
Deadline: 06th March 2014, 10:00 hours
Procuring entity: Tanzania Ports AuthorityTender No: AE/016/2013-14/CTB/G/59Tender Name: Supply and Commissioningof one Unit of 30Ton Bollard Pull Towingunder Supplier’s or Export Credit FinancingSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB,Tanzania Ports Authority, P.O. Box 9184,Dar as SalaamDeadline: 13th March 2014, 10:00 hours
Procuring entity: Tanzania Ports AuthorityTender No: AE/016/2013-14/CTB/G/58Tender Name: Supply and Commissioningof Two Units of 55Ton Bollard Berthing TugUnder Suppliers Credit/Export FinancingSource of Fund: Government of TanzaniaEligible Firms: National and InternationalMethod of Procurement: ICSPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB,Tanzania Ports Authority, P.O. Box 9184,Dar as SalaamDeadline: 13th March 2014, 10:00 hours
Procuring entity: Bank of TanzaniaTender No: OD/447/01Tender Name: Supply of Research BuildingEquipment for Lot 1: Basic Tools and Hardware for
Production CenterLot 2: Material for Interlocking MachinesLot 3: Materials for Tile Vibrating MachinesLot 4: Materials for Tile Molds, Plastic andTimber Ridge CoverSource of Fund: Government of Tanzaniaand Development PartnersEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB, BankOf Tanzania, P.O. Box 2939, Dar es SalaamDeadline: 10th March 2014, 11:00 hours
Procuring entity: Bank of TanzaniaTender No: OD/290/446/01Tender Name: Procurement of Lot 1: Data Processing and Back-Up
EquipmentLot 2: Design and Data Processing SoftwareSource of Fund: Government of Tanzaniaand Development PartnersEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs.100,000Contact Address: The Secretary TB, BankOf Tanzania, P.O. Box 2939, Dar es SalaamDeadline: 10th March 2014, 11:00 hours
WORKSProcuring entity: Njombe Water Supply andSanitation AuthorityTender No: AE-073/NJ/WKS/02-2013/14Tender Name: Works for Construction ofNyenga Water Supply Project Phase 2Source of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 150,000Contact Address: The Secretary TB, NjombeWater Supply and Sanitation Authority, P.O.Box 11491, Dar es SalaamDeadline: 12th March 2014, 10:00 hours
Procuring entity: Tanzania Ports AuthorityTender No: AE/016/2013-14/DSM/W/03Tender Name: Design and Construction of
Jetty at PanganiSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB,Tanzania Ports Authority, P.O. Box 9184,Dar as SalaamDeadline: 06th March 2014, 10:00 hours
Procuring entity: Singida District CouncilTender No: LGA/116/2013-14/MIVARF/SDC/W/31Tender Name: Works for Construction ofMtinko Warehouse in Singida DistrictSource of Fund: Africa Development BankEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs100,000Contact Address: The Secretary TB, SingidaDistrict Council, P.O. Box 27, SingidaDeadline: 11th March 2014, 10:00 hours
Procuring entity: Kigoma Ujiji MunicipalCouncilTender No: LGA/042/W/2013-14//17Tender Name: Works for Constriction of Lot 2: Completion of Balance of Works for
Rehabilitation Airport - Mwasenga -Gungu, Job Lusinde and Mji MwemaRoads
Source of Fund: international DevelopmentAssociationEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 200,000Contact Address: The Secretary TB,Kigoma Ujiji Municipal Council, P.O. Box44, KigomaDeadline: 15th March 2014, 10:00 hours
Procuring entity: Busokelo District CouncilTender No: LGA/157/BDC/W/2013-14/04Tender Name: Works for Construction of Lot 3: Administration Block Lot 12: Ward Resource CenterSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB,Busokelo District Council, P.O. Box 2,TukuyuDeadline: 11th March 2014, 10:00 hours
Procuring entity: Tanzania Electric SupplyCompanyTender No: PA/001/13/HQ/W/077Tender Name: Works for Supply,Installation and Commissioning of chillerPlant for New Pangani Falls HydropowerStationSource of Fund: Government of TanzaniaEligible Firms: National and InternationalMethod of Procurement: NCSPrice of Bid Document: USD. 100Contact Address: The Secretary TB,Tanzania Electric Supply Company, P.O.Box 9024, Dar es SalaamDeadline: 14th March 2014, 14:30 hours
Procuring entity: Tanzania Electric SupplyCompanyTender No: PA/001/13/HQ/G/150Tender Name: Supply for Various PowerHouse and Tools for Mtera HydropowerPlantSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB,Tanzania Electric Supply Company, P.O.Box 9024, Dar es Salaam
Deadline: 7th March 2014, 14:30 hours
Procuring entity: Tanzania Electric SupplyCompanyTender No: PA/001/13/HQ/G/151Tender Name: Supply of Labyrinth Sealfor New Pangani FallsSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB,Tanzania Electric Supply Company, P.O.Box 9024, Dar es SalaamDeadline: 7th March 2014, 14:30 hours
Procuring entity: Rugwe District CouncilTender No: LGA/071/2013-14/HQ/W/03,20Tender Name: Works for Tender 03: Construction of Piped Systemand Civil Works for Lukata Village. Tender 20: Construction of Piped Systemand Civil Works for Lot 1:Simike Village Lot 2: Ilaolo VillageLot 3: Lugombon VillageSource of Fund: Development Partners andGovernment of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB,Rungwe District Council, P.O. Box 148,TukuyuDeadline: 12th March 2014, 10:00 hours
Procuring entity: Tanzania Electric SupplyCompanyTender No: PA/001/13/HQ/W/076Tender Name: Supply, Installation andCommissioning of an Integrated SecurityManagement System for TANESCO HQ,National Grid Control Center and KurasiniCentral StoreSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB,Tanzania Electric Supply Company, P.O.Box 9024, Dar es SalaamDeadline: 28th March 2014, 14:30 hours
Procuring entity: Nsimbo District CouncilTender No: LGA/161/2013-14/W/03 Lot 1-8Tender Name: Works for Construction ofTwo Teachers Houses and Construction ofone Staff HousesSource of Fund: Government of TanzaniaEligible Firms: National and InternationalMethod of Procurement: ICSPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB, NsimboDistrict Council, P.O. Box 688, NsimboKataviDeadline: 17th March 2014, 10:00 hours
Procuring entity: Ministry of Energy andMineralsTender No: ME/008/2013-2014/SMMRP/W/04Tender Name: Works for Rehabilitation ofthe Office Building at the Geological Surveyof Tanzania (GST) in DodomaSource of Fund: International DevelopmentAssociationEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 200,000Contact Address: The Secretary TB,Ministry of Energy and Minerals, P.O. Box2000, Dar es SalaamDeadline: 13th March 2014, 10:00 hours
This section provides summaries of open tender opportunities in Procuring Entities (PEs). More details of the tenders may be found on PPRA web-
site www.ppra.go.tz. Prospective bidders are required to confirm the information provided hereunder or seek further details from respective PEs.
PROCUREMENT OPPORTUNITIES
Tuesday December 28, 2010 Tanzania Procurement Journal 3Tuesday February 18, 2014 Tanzania Procurement Journal 3
Continues on page 4
44 Tanzania Procurement JournalTuesday, Sept 29, 20094 Tanzania Procurement Journal Tuesday December 28, 2010Tanzania Procurement Journal Tuesday February 18, 2014
PROCUREMENT OPPORTUNITIES
Procuring entity: Ministry of Energy andMineralsTender No: ME/008/2013-2014/SMMRP/W/09Tender Name: Works for ProposedRehabilitation for Canteen, Library andAdministration Block t Mineral ResourcesInstitute (MRI), DodomaSource of Fund: International DevelopmentAssociationEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 200,000Contact Address: The Secretary TB, Ministryof Energy and Minerals, P.O. Box 2000, Dares SalaamDeadline: 13th March 2014, 10:00 hours
Procuring entity: Tanzania National RoadsAgencyTender No: AE/001/2013-14/RV/W/51Tender Name: Works for PeriodicMaintenance Work along Songea - Peramihojctn Road SectionSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs100,000Contact Address: The Secretary TB,Tanzania National Roads Agency, P.O. Box31, SongeaDeadline: 21st March 2014, 10:00 hours
Procuring entity: Ngorongoro ConservationArea AuthorityTender No: AE/055/2013-14/HQ/W/12Tender Name: Survey for Deep Water WellDrilling and Installation of Water Pump atLoduare Gate at NCAASource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs 50,000Contact Address: The Secretary TB,Ngorongoro Conservation Area Authority,P.O. Box 1, Ngorongoro Crater,Deadline: 27th February 2014, 11:00 hours
CONSULTANCYProcuring entity: Ministry of Health andSocial WelfareTender No: ME/007/2013-14/HQ/C/19Tender Name: Consultancy Services forDesigning, Preparation for BiddingDocument and Construction Supervision ofthe National Public Health Laboratory in Dares Salaam
Source of Fund: World BankEligible Firms: National and InternationalMethod of Procurement: NCSPrice of Bid Document: N/AContact Address: The Secretary TB,Ministry of Health and Social Welfare, P.O.Box 9083, Dar es SalaamDeadline: 26th February 2014, 11:00 hours
Procuring entity: Public ProcurementRegulatory AuthorityTender No: AE/018/2013-14/HQ/C/04Tender Name: Provision of IndividualConsultancy Services for Implementation ofa System for Checking and MonitoringProcurement in TanzaniaSource of Fund: Government of TanzaniaEligible Firms: National and InternationalMethod of Procurement: NCSPrice of Bid Document: N/AContact Address: The Secretary TB, PublicProcurement Regulatory Authority , P.O. Box49,Dar es SalaamDeadline: 26th February 2014, 10:00 hours
Procuring entity: Nsimbo District CouncilTender No: LGA/161/2013-14/C/01Tender Name: Expression of Interest forArchitectural Design, Preparation of WorkingDrawings and Bid Documents for NsimboDistrict Council Head QuarterAdministration Office Block - Single StoreyBlockSource of Fund: Government of TanzaniaEligible Firms: National and InternationalMethod of Procurement: NCSPrice of Bid Document: N/AContact Address: The Secretary TB, NsimboDistrict Council, P.O. Box 688,NsimboKataviDeadline: 17th March 2014, 10:00 hours
NON - CONSULTANCYProcuring entity: Tanzania AirportsAuthorityTender No: AE/027/2013-14/HQ/JINA/N/50Tender Name: Provision of GroundHandling Services at Julius NyerereInternational Airport, Dar es SalaamSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 150,000Contact Address: The Secretary TB,Tanzania Airports Authority, P.O. Box 18000,Dar es Salaam.Deadline: 28th March 2014, 10:00 hours
Procuring entity: Surface and MarineTransport Regulatory AuthorityTender No: AE/025/2013-14/HQ/NC/14Tender Name: Provision of Survey Servicesfor Registered Vessels in the Indian Ocean,Lake Victoria, Lake Tanganyika and LakeNyasaSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 100,000Contact Address: The Secretary TB, Surfaceand Marine Transport Regulatory Authority,P.O. Box 3093, Dar es SalaamDeadline: 12th March 2014, 14:00 hours
Procuring entity: Iringa Municipal CouncilTender No: LGA/025/2013-14/NC/1 LOT 2Tender Name: Ukusanyaji wa Ushuru waStendi na Maegesho ya MagariSource of Fund: Government of TanzaniaEligible Firms: NationalMethod of Procurement: NCBPrice of Bid Document: Tshs. 50,000Contact Address: Secretary TB, IringaMunicipal Council, P.O. Box 162, IringaDeadline: 13th March 2014, 10:30 hours
Continued from page 3
Editorial Board of TanzaniaProcurement Journal
Dr. Laurent M. Shirima... Chairman
Mr. Christopher E. Mwakibinga...Vice Chairman
Mrs. Bertha H. Soka ... Member
Mr. Awadhi J. Suluo ... Member
Eng. Eva M. Lupembe ... Member
Eng. Nestor H. Ilahuka ... Editor
TPJ is published by PPRA every Tuesday
Contacts:
Public Procurement Regulatory Authority
(PPRA), PPF Tower, 8th Floor,
PO Box 49, Dar es saalam.
Tanzania
Tel: +255 22 2121236;
Fax: +255 22 2121238;
email: ceo@ppra.go.tz;
Website: www.ppra.go.tz
letter was responding to their request for
clarification on the eligibility of a foreign
contractor to participate in the tender under
appeal. However, in reviewing CRB’s letter
PPAA noted that the exclusive preference
would have been applicable only if the proj-
ect was fully funded by the Government of
the United Republic of Tanzania. PPAA
noted from the documents submitted that
there was a memorandum of understanding
between Kahama Town Council and African
Barrick Gold (ABG), the later to fund the
project for almost 90% hence the tender was
co-financed by the Government of the Unit-
ed Republic of Tanzania and ABG. PPAA
therefore concluded that participation of a
foreign firm in the tender in question was
justified.
In determining the second issue, PPAA con-
sidered five sub-issues as guidance; whether
it was justified for the tender not to be wide-
ly advertised. On this sub-issue, PPAA con-
sidered the view that the law allows procur-
ing entity to choose a procurement method
depending on the circumstances, the Coun-
cil’s decision to invite four tenderers includ-
ing Palemo Beta Bidding to participate in
this tender was justified.
Another sub-issue was whether there was
unequal treatment of tenderers. Accordingly,
PPAA conclusion on this sub-issue was that,
there was no equal treatment of tenderers in
the tender process. On whether Kahama
Town Council was under an obligation to
take necessary actions on CRB’s letter,
PPAA observed that the council was not
under obligation to take action based on
CRB’s letter since Palemo Beta Bidding did
not seek for clarification from the Council
regarding the participation of a foreign firm.
PPAA further observed that the award of the
tender was not influenced by favoritism or
political interference because when Palemo
Beta Bidding asked to prove the same he
failed to substantiate their assertions.
On the third issue, PPAA concluded that the
disqualification of Palemo Beta Bidding
was proper at law since they failed to com-
ply with instructions provided in the tender
document, which required bidders to indi-
cate their experience in works of similar
nature for the last three years.
Regarding the fourth issue, PPAA took cog-
nizance of the findings that the successful
tenderer had met all the criteria provided in
the tender document. PPAA therefore con-
cluded that the award of the tender to the
successful tenderer was proper at law.
On the reliefs the parties were entitled to,
PPAA dismissed the appeal and ordered
each party to bear its own costs.
PPAA dismisses appeal againstKahama Town CouncilContinued from page 1
Tuesday December 21, 2010 Tanzania Procurement Journal 5
PROCUREMENT NEWS
Tuesday December 28, 2010 Tanzania Procurement Journal 5Tuesday February 18, 2014 Tanzania Procurement Journal 5
ment can only be secured through a bank guar-
antee and not otherwise
b) Procurement of the consultant through the single
source method which contravened Regulation
35(2) and Second Schedule of G.N. No. 98 of
2005 as it exceeded its limit of application.
c) Delay in project completion by the contractor for
127 days (from 30th June 2013 to 4th November
2013). This delay was supposed to attract liqui-
dated damages of TZS 1.9 billion based on the
revised contract sum of TZS 14,973,622,845.00.
Since the Special Conditions of Contract limits
the maximum amount of liquidated damages to
10% of the contract value, The Contractor
should have been charged liquidated damages
amounting to TZS to almost 1.5 billion. This
may be considered as a loss occasioned by poor
contract administration.
RITA Project
5.2 The Team confirmed dubious payments of TZS
5.06 associated with un-contractual payments or
overpayments due to overstated quantities in the
Bills of Quantities (BOQ), double entries in the
BOQ, use of un-contractual rates, non adjustment
of Import Duty and VAT exemptions, unjustified
variation orders and payment for non-existing
works.
5.3 In addition, the Team established other additional
dubious/un-contractual payments of TZS 10.67
million to the Contractor. Furthermore, TZS 22.9
million were overpaid on preliminaries, hence
making an additional dubious payment totaling
TZS 33.6 million.
5.4 In procurement process and contract execution,
the Team observed the following weaknesses:
a) Participation of the Head of Procurement Man-
agement Unit in evaluation of technical and
financial proposals contrary to Sections 37 (1) &
(2) and Section 38 of the PPA 2004 which
requires independence of functions between an
accounting officer, procurement management
unit, user department and evaluation committee;
b)The contract was signed after the bid validity
period had expired in violation of Section 64 of
PPA 2004;
c)An advanced payment guarantee to the Contrac-
tor of TZS 7.2 billion which was valid from 1st
January 2011 to 1st July 2013 had not been fully
recovered by the expiry date of the advance pay-
ment bond.
d)PPRA will conduct quality review of the inputs
of the Dar es Salaam Institute of Technology due
to its professional negligence observed in these
projects.
e)PPRA will take appropriate actions against any
procuring entity which floats tenders while
designs are incomplete.
6.0 PPRA Board Decisions on the
Professional Team Findings.
The Team presented its assessment report to the Tech-
nical Committee of PPRA Board of Directors on 7th
February, 2014 during the 13th ordinary meeting. The
Technical Committee reviewed and discussed the
assessment report and issued instructions to both enti-
ties as follows:
1) GEPF and RITA Accounting Officers have been
instructed to conduct investigation on the observed
audit queries in order to identify staff of their enti-
ties who were involved in one way or the other in
the observed audit queries and take appropriate dis-
ciplinary measures against them.
2) GEPF and RITA have been instructed, through
appropriate contractual procedures, to recover
immediately in the subsequent payments to the con-
tractors or in the Final Accounts all un-contractual
payments and overpayments reported by the Audi-
tor and verified by the Verifier and which have been
confirmed by the Professional Team.
3) GEPF has been instructed to deduct from the Con-
tractor’s payment, TZS 1,497,362,284.50, as liqui-
dated damages for delaying the project through
appropriate contractual procedures on deduction of
liquidated damages.
4) GEPF has been instructed to refund the Tanzania
Revenue Authority (TRA) the money deducted
from the Contractor’s payments as Import Duty &
VAT for extra reinforcement and bamboo boards
which received TRA’s Import Duty & VAT exemp-
tion. The Verification Team estimated the total
amount to be TZS 847,213,630.90. i.e TZS
620,293,199.80 for extra reinforcement and TZS
226,920,431.10 for extra bamboo (marine) boards.
5) GEPF has been instructed to make proper account-
ing of waste for the excess reinforcement bars and
bamboo marine boards.
6) GEPF has been instructed to recover from the Con-
tractor’s outstanding payments the cost of TZS
47,232,500.00 due to the omission of one meter of
raft foundation.
7) The Project Manager, M/s Ardhi Institute has been
instructed to show cause why it should not be
blacklisted by PPRA from participating in public
procurement for advising GEPF to make payments
to the contractor which were not contractual as
revealed in the Professional Team report.
8) In order to enable PPRA to monitor and ensure that
the adjusted dubious payments are maintained to
the end of the project, GEPF and RITA have been
instructed from now onwards to submit Interim
Payment Certificates (including all details) and the
final accounts at the end of the projects.
9) GEPF has been instructed to charge the Contractor
interest on the amount paid as a loan for importa-
tion of reinforcement bars for a total of 313 days
(from 8th September 2011 when payments were
made to 17th July 2012 when payments were recov-
ered).
10) GEPF and RITA have been instructed to revisit all
claims and variations to ensure that the quantities
are correct and the price offered is reasonable (com-
petitive).
11) PPRA has recommended to AQRB to take discipli-
nary measures against the project consultants for
both GEPF and RITA as a competent body to pro-
mote and enforce professional conduct, ethics and
integrity of architects, quantity surveyors and firms
practicing or operating in Tanzania.
12) GEPF and RITA have been instructed to submit to
PPRA implementation status of the above instruc-
tions within a period of two months from the date
of communication of the Technical Committee
decisions.
13) RITA has been instructed to recover from the Con-
tractor’s payments the additional dubious payment
of TZS 33.56 million which was revealed by the
Professional Team.
14) The project consultants, M/s Design Concern – dc
(Project Architect), in association with M/s UNDI
Consulting Group Ltd (Project Engineers) and
KAMU Cost Engineering Centre (Project Quantity
Surveyors) have been instructed to show cause why
they should not be blacklisted by PPRA from par-
ticipating in public procurement for advising RITA
to make payments to the contractor which were not
contractual as revealed by the Professional Team.
15) PPRA will conduct quality review of the inputs of
the Dar es Salaam Institute of Technology in these
projects as some negligence has been observed by
the Team during the assessment.
16) PPRA will take appropriate actions to procuring
entities which call tenders for big projects such as
these ones without ensuring that all designs have
been completed.
In view of the observed audit findings for the two
projects and the magnitude of the established dubious
payments, PPRA is planning to conduct special audits
to similar projects that are being implemented else-
where in the country.
Issued by:
Dr. L. M. Shirima
ACTING CHIEF EXECUTIVE OFFICER
Continued from page 2
Public notice on Value for Money Audit findingsfor GEPF house and RITA tower projects
66 Tanzania Procurement JournalTuesday, Sept 29, 20096 Tanzania Procurement Journal Tuesday December 28, 2010Tanzania Procurement Journal Tuesday February 18, 2014
PROCUREMENT NEWS
By Dr. Ramadhan S. Mlinga
PART 3
Preamble
This is the third part of an article titled
“Basic Elements of Public Procurement Act
2011 and Public Procurement Regulations
2013” which started appearing in the Tanza-
nia Procurement Journal Vol VII – NO. 5 of
4th February 2014.
In the second part which appeared in the Tan-
zania Procurement Journal Vol VII- No. 6 of
11th February 2013, the Author discussed
Part I of PPR 2013 – Preliminary provisions
and Part II of PPR 2013 – General Provi-
sions with regard to Public Procurement
Principles and Exclusive Preference to Local
Persons or Firms.
In this part the Author continues with discus-
sion of Part II of PPR 2013 with regard to the
following: Delegation of procurement
authority and handling of disagreements;
approval authority for procurement and dis-
posal by tender; procedure for handling
emergency procurement; procurement and
disposal planning and financial controls; pro-
hibitions; and monitoring by PPRA.
Note that the numbering of Tables, Figures
and Boxes continues from the previous arti-
cle since it is the intention of the author to
have this article treated as one document.
This third part is therefore a continuation of
the previous article which appeared in Vol.
VII- No. 6 of Tanzania Procurement Journal
of 11th February 2013. If you have not read
the previous part you can obtain your copy
from PPRA’s website www.ppra.go.tz.
As was mentioned earlier, in these articles
heavy reference shall be made to various sec-
tion of PPA 2011 and PPR 2013 and there-
fore the reader of these articles is expected to
have a copy of the Act and Regulations so
that he/she may make references while going
through the articles to get a clear understand-
ing of the concept being discussed. The
author has decided to designate section of the
Act as PPA-S , for example Section 1 of PPA
2011 will be designated as PPA-S1. Regula-
tions will designated be as PPR-R, for exam-
ple Regulation 1 of PPR 2013 will be desig-
nated as PPR-R1.
DELEGATION OF PROCUREMENT
AUTHORITY AND HANDLING OF DIS-
AGREEMENTS – PART II(c).
PPA –S42 allows an accounting officer to
delegate procurement function of a PE to a
sub-division of that entity, another PE or to a
third part procurement agency. Further PPA
S43 provides that where a PE lacks technical
capacity is given a choice of using either the
Government Procurement Services Agency
or third party procurement services.
Provisions of PPR 2013 for delegation of
procurement authority shown in Figure 3 as
well handling disagreements in the PEs have
almost remained the same as was provided
for in Part III of GN. No. 97 of 2005 and Part
IX of GN. No. 98 of 2005 save for the fol-
lowing:
• While previously it was provided that func-
tions of the Tender Board and Procurement
Management unit could be delegated to a
sub-division of the PE or member of staff,
such delegation shall now be delegated
only to a sub-division of a PE because prac-
tically the functions of TB and PMU cannot
be delegated to an individual – PPR-
R48(1).
• While previously it was prohibited to con-
tract out both procurement and disposal by
tender functions and contract management
functions to the same procurement agent,
such prohibition is now placed only when
there is likely to be a potential of conflict
between these two functions- PPR-R50(8).
This provision is to allow for the existing
practice in works contracts where a con-
sultant employed for the design of the
works is engaged to assist the client in the
procurement process of contractors for the
works, and is later involved in the supervi-
sion of the works carried out by the select-
ed contract. Normally under such circum-
stances any potential conflict of interest
between assisting the client in the procure-
ment process of selection of a contractor
and later on participating in the supervision
of the works is mitigated through the con-
tract entered between the Client and the
Consultant in which the obligations of the
consultant in the pre-contract and post-con-
tract services are clearly stipulated with
clear penalties in case of abuse.
• While previously it was provided that dis-
agreement between TB and PMU shall be
referred to PPRA, it is now provided in
PPR-R52(2) that such disagreement be
referred first to the Accounting Officer who
shall resolve the matter, failure of which it
shall then be referred to PPRA. This provi-
sion is in recognition of the fact that the
Accounting Officer is the highest authority
in procurement matters in the organization
in accordance with PPA-S6(4) and PPA-
S48, and therefore any disagreement
between organs working under him/her can
only be referred outside the organization if
he/she fails to resolve them.
• Previously disagreement between PMU
and Evaluation Committee was not cov-
ered. It is now covered under PPR-R54 in
which such disagreement shall be referred
to TB.
PEs need to take advantage of these provi-
sions for delegation of procurement authori-
ty to enable efficient handling of procure-
ment activities in their organization. Experi-
ence obtained by PPRA through procurement
audits and Procurement Capability Review
Assessments shows that, large organizations
like Tanzania National Parks, Tanzania
Roads Authority, Bank of Tanzania, Tanzania
Revenue Authority, Tanzania Ports Authority
have very heavy procurement workload and
problems of delay of procurement processes
both at headquarters and at zonal or regional
offices because of failure to delegate pro-
curement authority to the zonal or regional
offices. Here is now a chance to improve pro-
curement operations through delegation of
procurement authority. Important thing to
note is that if a decision is made to delegate
to regional or zonal office, then the Account-
ing Officer must ensure that there is a dele-
gated tender board as well as procurement
management unit at that level.
Table 3 summarizes the provisions of PPR
2013 on how to handle disagreements. These
provisions are in accordance with PPA-S45.
It is seen that in two cases, disagreements
between the Accounting Officer and the Ten-
der Board and between Tender Board and
PMU may end up being referred to PPRA
for directives. This was one of the reasons
why PPRA was removed from complaints
handling procedure to avoid potential con-
flict of interest that could arise since direc-
tives given by PPRA could be the subject of
a complaint by a bidder.
Basic elements of Public Procurement Act 2011 andPublic Procurement Regulations 2013
Continues on page 7
Dr. Ramadhan Mlinga, Lecturer,
University of Dar es Salaam
Figure 3: Summary of Delegation of Procurement Authority as Contained in PPR 2013
Tuesday December 21, 2010 Tanzania Procurement Journal 7Tuesday December 28, 2010 Tanzania Procurement Journal 7Tuesday February 18, 2014 Tanzania Procurement Journal 7
PROCUREMENT NEWS
APPROVING AUTHORITY OF PRO-
CUREMENT AND DISPOSAL BY TEN-
DER- PART II (d)
In relation with PPA-S6(4) and PPA-S48
which makes the Accounting Officer to be
accountable for all procurement carried out
in his organization, PPR-R55(1) makes it
mandatory for all procurements to be author-
ized by the Accounting Officer. Such author-
ization shall be made through the manage-
ment’s approval of Annual procurement Plan
or through approval of an individual procure-
ment if not included in the procurement plan
– PPA-S49.
PPR-R55 and PPR-R57 makes it mandatory
for the Tender Board to approve:
• An Invitation for Tender, tender/proposal
and draft contract documents - PPR-
R55(2);
• Modifications to tender/proposal and draft
contract documents – PPR-R55(3);
• The recommendations for award of con-
tract submitted to it by the PMU – PPR-
R55(4). Note a time limit of 14 days
imposed on the PMU to submit the evalua-
tion report to Tender Board. This is intend-
ed to minimize delays of procurement
process within PEs for in the past there
were cases of delays caused by failure of
PMU to submit evaluation report to TB for
adjudication.
• The list of pre-qualified firms, in the case
where pre-qualification was used – PPR-
R55(7).
The membership of Tender Opening ad hoc
committee in a PE has been limited to a max-
imum of four members and the participation
of members of TB in the opening is prohibit-
ed as stipulated in PPR-R56 as shown in
Box 18. This provision aims at reducing pro-
curement transaction costs which were being
incurred by PEs in paying members of tender
opening committee, of which in some PEs
they could be even more than ten members.
It should be noted that at the tender opening
there is no value addition necessitating atten-
dance of many members of the PE since no
evaluation is done at that stage. In order to
ensure fairness and transparency of the ten-
der opening process normally those who sub-
mitted tenders are invited to attend the tender
opening ceremony.
Similarly approval through circular resolu-
tion has been given prominence through
PPR-R58 and PPRA is required to issue
guidelines with that regard, particularly on
what type of procurements can be approved
through circular resolution. This provision
aims at minimizing delays in procurement
approvals which were being occasioned by
PEs due to failure of TB to meet, sometimes
due to heavy work load of its members.
Although the guidelines are not yet prepared,
PEs need immediately to take advantage of
this provision to improve procurement per-
formance in their organization. PEs can make
judgment of type of procurement approvals
where they can make use of circular resolu-
tion, and if in doubt they can seek clarifica-
tion from PPRA. Potential areas of approval
through circular resolution include approval
of service providers to be invited to tender
and award of contracts obtained through
competitive quotations, minor value and
micro procurement.
To minimize delays which were being expe-
rienced with vetting of contracts by the
Attorney General, a maximum period of 21
days PPR-R59(4) has been fixed for the vet-
ting process and Legal Officers of PEs are
allowed to ratify contracts of value up to
Tshs. 50 mil – PPR-R60. This provision is in
accordance with PPA-S60(9) & 10.
The role of user department in preparation of
contract amendments is emphasized in PPR-
R61(1) in which it is required to prepare such
amendments in consultation with PMU for
submission to the TB. All amendments of
contracts must obtain the approval of TB and
other relevant bodies including the Attorney
General and the PE must ensure that it has
funds to finance those amendments – PPR-
R61. In case where the amendments relate to
quantities, then the same or lower units rates
as per original contract shall be used- PPR-
R61(3); and where the amendment exceed
15% of the original contract price, the
approval of budget approving Authority must
be sought- PPR-R61(4) as shown in Box 19.
The provision of PPR- R61(3) aims to pre-
vent existing practice where some bidders
tenders low with the expectation that during
the implementation of the contract they will
be given extra work through variations and
be given an opportunity to amend their rates
above the one they tendered for when they
were awarded the contract. Also provisions
of PPR-R61(4) of seeking approval of budg-
et approving authorities for variations
exceeding 15% aims at ensuring that man-
agement of a public entity does not commit
an organization to an expenditure whose
budget was not approved by relevant author-
ities. It reinforces the requirement of PPR-
R75 which requires PEs to ensure that funds
are allocated or committed before commenc-
ing procurement proceedings.
Validity of procurement authorization
remains the same as was in GN. No. 97 and
98 0f 2005. The TB’s approval, provided that
the approved tenderer has not been notified,
shall remain valid for 90 days with a further
possible extension of 90 days – PPR-R62.
This provision is only valid if the value of the
product or the scope of services or works is
not varied significantly compared with the
original submission. After the expiry of Ten-
der Board’s approval all tenders or proposals
shall be rejected and the procurement pro-
ceedings annulled and new tenders may be
invited from at least all who submitted ten-
ders/proposals initially and new ones.
PROCEDURE FOR CONDUCTING
EMERGENCY PROCUREMEN.- PART
II(e)
The provision for handling of emergency
procurement is covered under PPA-S65 as
well as in this Section of the Regulations.
The criteria which may necessitate emer-
gency procurement are given in PPA-S65(2)
and are shown in Box 5 of this article1.
Despite of the approval procedure which is
discussed below, PPA-S65(4) gives a waiver
with regard to procurement limits, methods,
tender processing periods and advertisement,
implying that a PE will not be compelled to
comply with the provisions of the PPA 2011
and PPR 2013 as provided, however the ten-
Continued from page 6
Basic elements of Public Procurement Act 2011 andPublic Procurement Regulations 2013
Ser. No.
Type of
Disagreement How to Handle the Disagreement Reference 1. Accounting Officer
and Tender Board
(i) AO to return decision for TB Review
giving reasons for disagreement.
(ii) Review by TB and issue a decision
and re-submit to AO.
(iii) AO if not satisfied with decision
reached by TB after review, shall
refer the matter to PPRA for inde-
pendent review giving reasons for
disagreement.
PPA-S36(4)
PPR-R51
2. Tender Board and
PMU
(i) TB to return recommendation to
PMU giving reasons for disagree-
ment.
(ii) Review by PMU and re-submit to
Tender Board.
(iii) TB if not satisfied with re-submis-
sion, Chairman of TB to refer the
matter to Accounting officer for fur-
ther review.
(iv) TB if not satisfied with outcome of
review by the AO, shall refer the
matter to PPRA for directives.
PPR-R52
PPR-R57(3)
3 PMU and User
Department
(i) PMU and UD shall jointly consult two
members of TB for review of the
matter.
(ii) If further disagreement, the matter
shall submit the issue to TB for its
formal Decision.
PPR-R53
4 PMU and
Evaluation
Committee
(i) PMU to return evaluation report to
EC for re-evaluation
(ii) If PMU disagrees with re-evaluation,
shall refer the matter to TB for
Decision.
PPR-R54
Table 3: Summary of Disagreement Handling Procedure as Provided in PPR 2103
Box 18: Membership of Tender
Opening
56.-(1) The public opening of tenders
shall be attended by-
(a) the secretary of the tender board
who shall be the chairperson;
(b) not more than two staff from the
procurement management unit
who shall be the secretariat;
(c) one co-opted member from any
user department or unit within a
procuring entity; and
(d) the tenderers or their representa-
tives.
(2) The co-opted member shall not be a
member of the tender board.
Box 19: Approval of Budget
Approving Authority
for contract amend-
ments in excess of
15%
61(4) A contract amendment shall not
increase the total contract price by
more than fifteen percent of the
original contract price without the
approval of budget approving
authority.
Continues on page 8
PES SHOULD NOTE THAT ACCORDING
TO PPA –S35(3) AND PPA-S65(6) NO
AWARD OF TENDER INCLUDING THOSE
CONDUCTED UNDER EMERGENCY
PROCUREMENT SHALL BE VALID WITH-
OUT THE APPROVAL OF THE TENDER
BOARD
88 Tanzania Procurement JournalTuesday, Sept 29, 20098 Tanzania Procurement Journal Tuesday December 28, 2010Tanzania Procurement Journal Tuesday February 18, 2014
PROCUREMENT NEWS
PROCUREMENT AND SUPPLIES PROFESSIONALSAND TECHNICIANS BOARD
PUBLIC NOTICE
UNLAWFUL EMPLOYMENT IN
PROCUREMENT AND SUPPLIES
FUNCTION
ATTENTION IS MADE TO ALL EMPLOYERS THAT
IT IS CONTRARY TO THE LAW (PSPTB Act No. 23
of 2007) TO EMPLOY A PERSON IN THE CAPAC-
ITY OF PROCUREMENT AND SUPPLIES PRACTI-
TIONER (REGARDLESS OF RANK AND TITLE) IF
SUCH PERSON IS NOT DULLY REGISTERED BY
THE PROCUREMENT AND SUPPLIES PROFES-
SIONALS AND TECHNICIANS BOARD (PSPTB).
ANY EMPLOYER, BEING AN INDIVIDUAL, FIRM
OR ANY OTHER ORGANIZATION OR BODY THAT
EMPLOYS AN UNREGISTERED PERSON TO
WORK IN PROCUREMENT AND SUPPLIES
FUNCTION, COMMITS AN OFFENCE.
THE BOARD INTENDS TO CARRY OUT A MAS-
SIVE INSPECTION EXERCISE TO BOTH PUBLIC
AND PRIVATE ENTITIES TO ASCERTAIN THE
LEVEL OF COMPLIANCE TO THIS LAW. STERN
LEGAL MEASURES WILL BE TAKEN AGAINST ALL
DEFAULTERS WHO WILL BE FOUND.
For more information, contact:
Executive Director,
PSPTB,
P.O. Box 5993,
DAR-ES-SALAAM.
Tel. No. 255-22-2865860
Fax. No. 255-22-2862138
E-mail: info@psptb.go.tz
Website: http://www.psptb.go.tz
ders must be evaluated and award
must be approved by the Tender
Board – PPA-S65(6).
Approval procedure of emergency
procurement:
• Approval to proceed with emergency
procurement shall be granted by the
Government Procurement Agency
(GPSA) within 5 days after receiv-
ing the application for approval for
the same from the Accounting Offi-
cer – PPR-R63(3);
• When it is impracticable to seek
approval of GPSA, the Accounting
Officer may proceed with emer-
gency procurement in accordance
with chosen procurement method
and notify GPSA and PPRA, and
later on seek retrospective approval
of the Paymaster General within 7
days of the award of Contract –
PPR-R63(5-9).
• PPRA is required to issue a format
which shall be used to prepare a
report on emergency procurement
PPR-R64(2) which is required to be
submitted within 14 days to the Pay-
master General, Controller and
Auditor General, Internal Auditor
General, PPRA and GPSA.
• Emergency procurement shall not
apply for common use items and
services PPR-R66(1) and where a
procurement was not included in the
procurement plan, but is reasonable
and justified, the Accounting Offi-
cer may approve re-allocation with-
in his authority in order to carry out
such procurement within the limits
of minor and micro procurement
values shown in 6th and 10th
Schedule of PPR 2013.
• Accounting Officer shall be held
accountable where the so called
emergency procurement is proved to
be unnecessary and extravagant and
was undertaken by lack of sight and
timely action. A contract entered
under such circumstances, even if
not approved retrospectively, shall
be valid and the Accounting Officer
shall be responsible for the payment
of the price involved PPR-R67.
This provision is to safeguard a
service provider who may not have
the knowledge that a particular pro-
curement in which he was awarded
a contract did not follow procedures
required under the law.
PROCUREMENT AND DISPOS-
AL PLANNING AND FINANCIAL
CONTROLS - PART II(f)
This section of Regulations deals with
procurement and disposal planning.
Important issues covered include:
• Planning of procurement of re-cur-
rent items should be based on an
adequate stock control system –
PPR-R68(2)- implying that one
should check stock levels before
planning procurement of such
items;
• Procurement process times provid-
ed in the 8th and 12th Schedule of
PPR 2013 for goods works and
non-consultancy services, and for
consultancy services respectively
have only shown the time given to
bidders to prepare and submit their
tenders/proposals without giving
the internal time to process tenders
by PE as shown in Box 20 - PPR-
R68(3). This was intended to over-
come the a practice which existed
whereby PEs were complaining
that the time frame provided under
Third Schedule of GN. No. 97 of
2005 including that of preparation
of tender documents, review of ten-
der documents, evaluation of ten-
ders, obtaining necessary approvals
was very long. Under GN. No. 97
and 98 of 2005 the provided time
for those activities was maximum
rather than the minimum and the
PEs were required to use as short
time as possible, but that was mis-
interpreted by some PEs.
Basic elements of Public Procurement Act 2011and Public Procurement Regulations 2013Continued from page 7
To be continued on the next release of TPJ
1Refer to Part 1 of this article which appeared Vol. VII- No. 5 of Tanzania Procurement Journal of 4th February 2014
Box 20: Minimum Tender Processing Times for
Goods, Works and Non-Consultancy
Services
Minimum Tender Processing Times for Consultancy
Services
Ser.
No.
Method of procurement Period
(calendar days)
PREQUALIFICATION STAGE
1 International competitive tendering 30
2 National competitive tendering 21
TENDERING STAGE
3 National competitive tendering 21
4 International competitive tendering 30
5Restricted national competitive ten-
dering21
6 National shopping 4
7 International shopping 8
8 Where large works are involved 90
S/No Activity Time (Calendar days)
National
Competitive
Selection
International
Competitive
Selection
1
(i) Inviting for expression of
interest up to submission of
the same by consultants or
14 30
(ii) Invitation of Application for
Prequalification up to the
submission of the same by
Consultants
30 45
2Preparation and submission of
proposals by the consultants30 45
The Editorial Board of TPJ wishes to
invite from the general public, procure-
ment related news and articles for publi-
cation in the Journal. The invited articles
could be either in English or Kiswahili.
Please submit the article through thefollowing e-mail address: ebtechni-cal@ppra.go.tz
The Editorial Board reserves the right toapprove articles for publication in TPJ.
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