PROCUREMENT NEWS

INSIDE THE ISSUE

PPADB HOSTS A NATIONAL STAKEHOLDERS CONFERENCE OVERVIEW OF PPADB

JANUARY-MARCH 20172016/17/Vol. 4

PPADB was established by an Act of Parliament, (CAP 42: 01) in 2001, to manage an effective public procurement and asset disposal system for Central Government. The Board commenced its operations in July 2002.

The primary mandate of PPADB is to adjudicate and award tenders for Central Government and any other institutions specified under the Act for the delivery of works, services and supplies. This is coupled with the registration and grading of contractors who intend to do business with Government. We do this to ensure that projects are prudently managed to ensure value for money in the procurement and disposal of assets.

VISIONTo be the centre of excellence in public procurement and asset disposal by 2018.

MISSIONPPADB exists to lead a devolved, efficient, cost-effective and transparent public procurement and asset disposal system.

VALUES Integrity Transparency FairnessService Excellence Botho

PPADB HOSTS A NATIONAL STAKEHOLDERS CONFERENCE

PPADB CAPACITATES THE MEDIA

PPADB BRIEFS

STAFF WELLNESS AND TEAM BUILDING

GUIDELINES FOR SUSPENSION AND DELISTING

STAFF NEWS

BOT50 AWARDS

Keeping Tenders Clean01

02

03

04

05

07

08

Continues to page 2.

Hon Minister, O. K. Matambo. Ministry of Finance and Economic Development (MFED)

The PPADB invited about 250 stakeholders representatives to a consultative conference on the 28 March 2017 to discuss the draft amendments to the PPAD Act and Regulations. The theme of the Conference was “Transforming Public Procurement in Botswana”.

The Board had also invited representatives from procurement authorities of Mauritius and Kenya to share experiences in reforming their own procurement systems given that there are common procurement challenges across coutries. Officiating at the conference, the Minister of Finance and Economic Development (MFED) Mr. O. K Matambo indicated that his Ministry was responsible for driving the country’s finance reform, of which procurement is an important aspect of, in terms of the overall management of financial resources. He called on stakeholders to provide input on the proposed amendments to the Act.

th

Kenya’s Public Procurement RegulatoryAuthority Director General, Mr. Maurice J. O. Juma, MBS

Mr. Sacheedanad Tahalooa, Member of the Procurement Policy Office in Mauritius

Keeping Tenders Clean

02PAGE

Dear reader,

FOREWORD FROM THE EXECUTIVE CHAIRPERSON

Continued from page 1.

Ms. Bridget P. JohnExecutive Chairperson

The Minister commended PPADB for hosting the conference, as a platform to interact with its stakeholders and like-minded institutions to share ideas on how procurement can be transformed going forward.

The purpose of the conference was to review the current public procurement law and share the proposed amendments to the PPAD Act towards improved efficiency, accountability, integrity, value for money and good governance in public procurement. PPADB had invited Permanent Secretaries, Chief Executive Officers of parastatals, Chairpersons and Secretaries of commitees of the Board, Contractor Associations, the Business Community and the Media to enrich the proposed amendments before further processing by relevant bodies.

In his welcome remarks PPADB’s Executive Director Supplies, Mr. Kgakgamalo K. Ketshajwang indicated that public procurement and asset disposal across the world is ever evolving, hence it is crutial for Botswana to ensure that its procument system is in line with good governance and best international practice.

For his part, Kenya’s Public Procurement Regulatory Authority Director General, Mr. Maurice J. O. Juma, MBS, said procurement was not only about buying and selling but about prudent management of resources. Mr. Juma encouraged participants to come up with constructive criticism and not just mere commentary.

PPADB HOSTS A STAKEHOLDERS CONFERENCE

As the 2016/17 financial year comes to a close, all Procuring Entities (PEs) should by now have their 2017/18 planned procurement initiated for timely delivery of

services to communities. The Board is committed to deliver on its mandate and calls on all parties to procurement to play their part in ensuring that expected procurement outcomes are realised. Complaints relating to tenders should be resolved quickly to avert unnecessary costly and lengthly litigation.

Procuring Entities are once again reminded that with effect from 1 April 2017 tender documents should NOT call for certified copies of PPADB registration certificates as the registration can be verified online. PPADB is calling on Parastatals whose Procurement Procedures have not been vetted by PPADB, for alignment to the Act and Regulations to comply. So far only 26 Parastatals have had their Tender Procedures vetted. In this Edition, we continue to share information with readers on the activities of the Board to build awareness and foster a good public image.

As we wrap up the financial year, please enjoy the informative articles contained in this Edition and many more to come. Please send feedback to

proffice@ppadb.co.bw or Call 360 2014. https://www.facebook.com/PPADB

“Do not blame the Board after the Bill has been presented. This is the time that your input is required. Constructive criticism, not only asking questions,”

“We are seeking input at this stage before the working document is progressed further” he noted.

The Conference benefited from the experiences shared from procurement experts Mr. Sacheedanad Tahalooa, Member of the Procurement Policy Office in Mauritius, Mr. Tahalooa indicated that the key features of an effective procurement system was the existence of mechanisms to monitor that rules were followed and enforced as necessary. Some of the exclusions of the public procurement system in Mauritius are as follows; 1.Defence Procurement, 2.ICT projects and interface

Mr. Ketshajwang highlighted that the MFED has worked closely with PPADB and AG’s chambers on the proposed amendments the outcome of which was being presented for stakeholder appreciation and feedback.

Stakeholders provided comments on the proposed amendments and were also given a further two (2) weeks to consult within their entities and revert with further comments. It was highlighted that amendments were proposed considering the experience of the Board thus far in implementing the PPAD Act and regulations and also informed by benchmarking visits to a number of countries which included; Ghana, Mauritius, New Zealand, South Africa, Sweden, Tanzania and Uganda.

In her closing remarks, the Permanent Secretary in the Ministry of Justice Defence and Security, Ms Segakweng Tsiane appreciated both speakers from Mauritius and Kenya for their exceptional contributions to the conference, adding that Botswana will benefit from the shared experiences by Mr. Juma and Mr. Tahalooa. Ms Tsiane also thanked all participants for their input.

st

with other systems, 4.Confidentiality of Security related information, 5.Rental of offices, 6.Diplomatic missions abroad and 7.Training services.

In recognizing the role played by the media in information dissemination, the Board conducted a Media Capacity Building workshop in Gaborone on the 22 February 2017 to interact and share information with Editors and Reporters in order to enhance reporting content about public procurement and asset disposal related articles.

In her welcome remarks, the Executive Chairperson of PPADB Ms. Bridget P. John said the workshop was a result of the collaboration between PPADB and the Editors’ Forum. About 22 different media houses were represented from government and the private sector at the workshop.

She stated that “it is the expectation of the Board that constant interaction with the media should improve public education and confidence in the public procurement system. It will also enable the Board to appreciate the basis of perceptions held by some regarding public procurement for timely intervention by the Board.”

Whilst other Capacity Building Workshops attract a cost-recovery fee, the media is not charged for capacity building workshops as PPADB recognizes the role played by the media in information dissemination and public education. The Chairperson of the Editors’ Forum Mr. Spencer Mogapi appreciated PPADB’s efforts in capacitating the media fraternity from time to time. He called upon the media to

The following topics were presented; Procurement cycle, Procurement Methods, Evaluation and Adjudication of tenders, Dispute Resolution, Suspension and Delisting, Socio Economic Policies (CEE, EDD, LPS), Contractor Registration, Integrated Procurement Management System ( IPMS), Milestone 2 benefits, Reservation schemes for Infrastructure related projects and the Price Reference Guide for common use items recently released.

The Executive Director Supplies Mr. K. K. Ketshajwang noted that the attendance of such workshops by members of the media can be improved going forward, as the media is an important stakeholder. He appealed to respective media houses to embrace such opportunities to enable them to report from an informed perspective as well as investigate any wrongdoing in procurement and alert relevant parties of such for appropriate action.

Keeping Tenders Clean

03PAGE

PPADB CAPACITATES THE MEDIA

(L to R) Mr. Spencer Mogapi, Chairperson of the Editors Forum, Ms. B.P. John and Mr. K. Ketshajwang of PPADB at a Media Capacity Building Workshop at Cresta Lodge, Gaborone.

Reporters posing questions and suggestions to PPADB

nd

“seize the opportunity and improve the quality of their reporting. The symbiotic relations should not be underestimated.” He emphasised.

Keeping Tenders Clean

Continued to page 6.

04PAGE

Briefing the media, the Executive Chairperson of PPADB Ms. John indicated that the Board isguided by the PPAD Act and Regulations in performing its functions as well as the Operations Manual and the 2013-18 Strategic Plan. She stated that the Board is mandated to ensure that all procurement and disposal entities in making their decisions, are guided by the principles listed under Section 26 of the PPAD Act.

Ms. John indicated that in 2015, PPADB developed a Whistle Blowing Policy aimed at;

After the Board approved the Policy, PPADB outsourced the management of the Tip-Off Anonymous service to Deloitte (Pty) Ltd, an independent service provider who will receive and take appropriate action on allegations made.

Ms. John further pointed out that an Anti-Corruption Policy has been drafted and an Integrity Office is being established to provide more focus on ethical conduct and anti-corruption measures. She stated that the Board continues to collaborate with oversight agencies such as the DCEC, Competition Authority, Auditor General to prevent corruption and wastage in public procurement and asset disposal. The tripartite Memorandum of Understanding (MOU) signed in 2012/13 is realised through such interventions.

PPADB BRIEFS

Members of the media fraternity at a PPADB briefing

Executive Director Services Ms. Joyce M. Mokobi

Ensuring that all employees and stakeholders feel supported in reporting matters they suspect may involve improper, unethical or inappropriate conduct in tenders;Encouraging improper, unethical or inappropriate behaviour to be identified and addressed in the conduct of public procurement and asset disposal; andProviding clear procedures for reporting such matters.

PPADB conducted its annual Media briefing on 10 February 2017 aimed at updating the media on developments pertaining to public procurement and asset disposal. In her welcome remarks, the Executive Director Services, Ms. Joyce M. Mokobi reiterated the importance of the activity, as it is a requirement of the PPAD Act. Section 88 (b) of the PPAD Act provides that ‘the Board shall brief the media from time to time on developments in the procurement and disposal system that are of public interest’.

The objectives of the briefing were to continue to update the media on developments in procurement and asset disposal that are of public interest and to receive feedback from the media as PPADB believes the Media are the eyes and ears of the public, and have interest in the continual improvement of tendering processes, procedures and outcomes.

th

Ms. Mokobi stated that interactions with the Board assist PPADB to process and act on feedback to better serve its customers and stakeholders. The media also gets an opportunity to appreciate tendering issues in order to appropriately interrogate stories picked from the public domain for informed reporting.

Ms. Mokobi informed delegates that PPADB collates and analyses media reports with a view to assess the level of media understanding of issues, public perceptions, as well as to track any issues of concern that may require the Board’s intervention particularly where such reporting is negative.

“We have noted with gratitude that tender related issues continue to receive coverage in your publications. This is not surprising given the importance of public procurement as an enabler in the delivery of Works, Services and Supplies. For contractors, tenders provide business opportuni-ties hence tendering is a high stakes undertaking that is of public interest”,

Ms. Joyce M. Mokobi Feb 2017

“We at PPADB are pleased that the media often calls on us for information to ensure balanced and accurate reporting. We wish to encourage this practice to continue as it supports public education”, she said.

Keeping Tenders Clean

05PAGE

GUIDELINES FOR SUSPENSION AND DELISTING CONTRACTORS

PPADB wishes to inform members of the public and the bidding community that the Board has approved the Guidelines for Suspension and Delisting Committee. The guidelines address the gap identified and the penalties to be imposed on non-performing and defaulting contractors and contractors in breach of the Code of conduct for Contractors.

The Suspension and Delisting CommitteeThe Suspension and Delisting Committee is established in terms of Section 50 of the PPAD Act. The mandate of the Committee is to investigate, at the direction of the Board, issues of non-compliance of the Code of Conduct for Contractors or established breaches of Contract. The mandate of the Committee is legislated for by the Public Procurement and Asset Disposal (Suspension and Delisting of Contractors Regulations, 2009).

Written warning

Breach Category

Type of breach Description Description Punishment

Threshold

Type 1

Type 2

Type 3

Type 4

Type 5

Minor Breaches General

Category A

Category B

Category C

Category D

Category A

Category B

Category C

Breaches that require that contractors be reprimanded from public procurement & asset disposal for a specified period.

Breaches that requirethat contractors be issued a remedial order to comply with remedial measures within a specified time.

Breaches that require that contractors be delisted and removed from register of contractors.

All breaches AllCategories

Breaches that require that contractors be suspended from public procurement & asset disposal conditionally on terms, pending their fulfillment of suspension conditions.

Breaches that do not affect the expected output of the contract or have been rectified eventually.Severity/impact of violation is low and contractor is a first offender.Severity/impact of violation is low and contractor is not a first offender.Severity/impact of violation is high and contractor is a first offender.Severity/impact of violation is high and contractor is not a first offender.

Suspend from public procurement & asset disposal for a period of 30 months.Suspend from public procurement & asset disposal for a period of 36 months.

Remedial work is done outside the specified time but impact is low (period of delay & cost considered).Remedial work is done outside the specified time and impact is medium (period of delay & cost considered).

Suspend from public procurement & asset disposal for a period of 18 months.

Suspend from public procurement & asset disposal for 24 months.

Remedial work is done outside the specified time and impact is high (period of delay & cost considered). Contractors who had committed type 1 Category D offences more than twice in 6 years. Contractors who had been suspended under Type 2 offences and had not done any significant remedy in line with the suspension for a period of 12 months after suspension. Contractors who have failed to do any remedial work in line with Type 3 offences for a period of 12 months after notification to do such remedy. Contractors who have been convicted by courts in Botswana and similar jurisdic-tions for criminal offences relating to tender and contract fraud or corruption. Severity/impact of violation will determine.

Suspend from public procurement & asset disposal for 36 months.

Delist and remove from contractor register.

Publicize delisting.

Restitution and Payment of a Fine.Addition to the penalties that may be imposed, restitution and payment of a Fine may be ordered. The decision on whether restitution should be ordered will be on a case by case basis.

Suspend the contractor from participation in public procurement & asset disposal until the conditions for suspension have been fully satisfied and publicize the suspension and/or the resulting remedy. The period shall be a maximum of 12 months.

Suspend from public procurement & asset disposal for a period of 12 months.Suspend from public procurement & asset disposal for a period of 24 months.

Stakeholders are to note the recently reviewed penalties which are as follows;Continued to page 6.

Keeping Tenders Clean

06PAGE

PPADB BRIEFS

A reporter, Mr. Kabelo Seitshiro of the Sunday Standard giving feedback to PPADB

Mr. Augustine Tema, Divisional Manager - Worksexplaining the Reservations and threshold for citizen contractors

On capacity building initiatives, the Executive Chairperson Ms. John narrated that the Botswana Accountancy College (BAC) continues to offer 2 procurement-related programs; Certificate in Public Sector Procurement and Tender Process Management which were developed in collaboration with PPADB. The course is offered in Gaborone and Francistown, indicating that in 2015/2016, 404 students were enrolled in the programme.

Membership of the Committee comprise of two (2) private members, one (1) member from the Directorate of Corruption and Economic Crime (DCEC) and the three PPADB core Divisional Managers from Supplies, Services and Works at PPADB. Submissions may be addressed to;The Board Secretary, PPADB, P/Bag 0058. Gaborone. Tel; 360 2054

Key: Severity/impact is assessed by:How it affected operations of the Government Department/Ministry including its delivery of its mandate or service.How it affected intended use of what was being procured or disposed e.g. quality, output, etc.Monetary costs including costs of alternative solutions pursued as a result of the contractor’s failure.Reputational impact and/ or cost to Government or its institutions.Amount of delay.Other violations of the conditions of contract with Government.

Continued from page 4.

Continued from page 5.SUSPENSION AND DELISTING CONTRACTORS

SUSPENSION AND DELISTING ASSESSMENT

Presenting at the workshop, the Divisional Manager Works, Mr. Augustine Tema shared the various schemes under the CEE Policy, the application of Circular No. 1 of 2016 as well as challenges/expectations on works related tenders. He further explained that under Part Vlll of the PPAD Act, section 66-76 has a provision for empowerment schemes “aimed at strengthening the ability of citizens to own, manage and control resources, and the flexiblity to exercise the options which would enable Botswana to generate income and wealth through sustainable, resilient and diversified economy” he emphasised.

Some of the examples shared include; Grade OC to B, Building Construction P7.2Million, Civil Works P20 Million, Electrical and Mechanical P960,000.00 Water Engineering P800,000.00 ICT Supplies P3 Million.For further information please contact 3602056

The BAC is working on a Master’s programme in Procurement and Logistics. PPADB continues to avail its services to assist BAC in ensuring that the programme addresses capacity needs in the country.

Ms John informed the media that during 2015/2016, PPADB collaborated with the World Bank to provide technical input in the development of the proposed Postgraduate Diploma in Public Procurement programme to be offered by the University of Botswana.

Keeping Tenders Clean

07PAGE

PPADB DRILLS STAFF ON WELLNESS AND TEAM BUILDING

Kebo Holdings provided Consultancy Services to facilitate Health, Wellness, Team Building day for both Gaborone and Francistown events. The services provided were; Health screening tests, motivational talks, half body massage, fruit display, Aerobics, Outcome sporting activities as well as the general coordination of the wellness event.

World of Golf Botswana (Pty) Ltd/ Blue Tree,provided the venue and catering services in Gaborone.

TEAM BUILDING AND WELLNESS DAY

As a way of fostering team spirit amonst PPADB staff, PPADB conducts an annual Team Building and Wellness day. Gaborone staff interacted through a number of activities aimed at creating a relaxed atmosphere to refresh their minds, body and soul. The theme for the two events was “BUILDING A PRODUCTIVE TEAM’’.

The objectives of the Health, Wellness and Team Building Day were to;Support and promote staff wellness, provide a conducive environment for the health and wellness of the employees as their success depends on their wellbeing.

FRANCISTOWN OFFICE WELLNESS DAY Staff at the PPADB Northern office gathered at Cresta Marang Gardens on 18 March 2017, the hotel provided Venue and Catering Services for the Francistown event.

1. Zumba dance

2. Health screening tests for PPADB officers; Mr M. Tjibi and Ms M. Mokone (seated)

3. The baloon race offered stiff competition among staff

4. PPADB Francistown staff wellness day in action

1

2

3

th

4

Hon. Minister O. K. Matambo appreciating a PPADB Marketing and Communication Specialist Mr Keemenao A. Jappie (l) at an MFED BOT50 Awards Ceremony on 27 March 2017. The Ceremony was witnessed by the Executive Chairperson of PPADB Ms. Bridget P. John (r).

th

Keeping Tenders Clean

Ms. Lebogang Molatlhegi

Mr. Walter Smith

Mr. Oganne Sebego

Ms. Cinderella F. Motlalekgosi

The following officers joined PPADB between Jan - March 2017.

BOBSBU

RE

A

U OF S TANDA

RD

S

Certified Organisation

BOS ISO 9001

TOLL FREE: 0800 600 751

servicedesk@ppadb.co.bw http://ipms.ppadb.co.bw https://www.facebook.com/PPADB

GABORONEPlot 8913 Maakgadigau Road Gaborone West Industrial Site Private Bag 0058 Gaborone Tel: (+267) 360 2000/ 390 6853Fax: (+267) 390 6822

PPADB CONTACTS

Mr. B. Tebogo

Ms. D. Chibua-Tsheboeng

Ms. E. Mosesane

Ms. B. Sefhemo

Ms. G. Motswaledi

Mr. K. A. Jappie

Ms. M. Modipane

Mr. P. Motaosane

EDITORIAL TEAM

Name Designation Date joinedPrincipal Procurement

Specialist - DATCDevolution and Compliance

OfficerSenior Human Resources

Officer

Legal Officer

Mr. Onthusitse G. Motsomi

RETIREMENTRETIREMENT

15 February 20171 February 2003

Name Designation Retirement dateDate joinedPrincipal Procurement Specialist - Education

STAFF NEWSSTAFF NEWS08

PAGE

FRANCISTOWN2 FloorBotswana Life Building Private Bag 274 Francistown Tel (+267) 240 2258 Fax: (+267) 240 2256

nd

MR MOTSOMI’S FAREWELL

Retiree, Mr. Othusitse Motsomi (l)and Mr. Lucas Kennekae, Divisional Manager Supplies PPADB (r)

TEAM BUILDING

A team building exercise

1 February 2017st

1 February 2017st

1 February 2017st

1 February 2017st

st th

Mr. Sebego

Ms. Motlalekgosi

Ms. Molatlhegi

Mr. Smith