Workshop on Final

Embed Size (px)

Citation preview

  • 8/9/2019 Workshop on Final

    1/25

    Capacity Building and TrainingCapacity Building and Training

    on Procurementon ProcurementTraining the trainers workshop 19th

    to 21st September, 2005

    AUDIT PROCEDURES

    by Rashid Saleh

    ras

  • 8/9/2019 Workshop on Final

    2/25

    Retrospection

    Audit Procedures

    The Audit of Expenditures on Procurement has

    traditionally been carried out in accordance with

    the Provisions of the General Financial Rules ascontained in Chapter 8 under STORES which

    covered all articles and materials purchased or

    otherwise acquired for the use of Government

    and also included articles of dead stock of thenature of plant, machinery, instruments,

    furniture, equipment, fixtures etc.

  • 8/9/2019 Workshop on Final

    3/25

    Prior to the separation of the Auditing and the

    Accounting Function the Audit Manual, the Audit

    Code and a comprehensive manual called the

    Outside Audit Department Manual (OAD Manual)

    provided elaborate guidelines to field auditors The Central Public Works Accounts Code and other

    Departmental Codes and Manuals still guide field

    auditors through their works audit drill

  • 8/9/2019 Workshop on Final

    4/25

    The GFRs have historically been applied and are

    still being applied wherever departmental rules

    on procurement are either not available or are

    insufficient. It is given in Chapter 1 of the GFRs under

    Introductory at para1, that the departmental

    authorities should follow these rules,

    supplemented by the special rules andInstructions, if any, contained in their

    departmental regulations and other special

    orders applicable to them.

    Retrospection -Audit Procedures

  • 8/9/2019 Workshop on Final

    5/25

    Chapter 2: General Systems of Financial Management

    and Control- IV - Contracts: General Principles Rules 18 and 19

    Rule 18. No contracts may be entered into by any authoritywhich has not been empowered to do so by or under theorders of the President.

    The various classes of contracts and assurances of

    property authorized by the President in exercise of powersconferred by Article 99 of the Constitution to be executedby different authorities are specified in Appendix 1.

    Subsidiary orders of Government as to the limitationupon the powers of these authorities, the conditionsunder which such powers should be exercised and the

    general procedure prescribed with regard to suchcontracts, such as calling for and acceptance of tenders,etc., are laid down in the appropriate departmentalregulations.

  • 8/9/2019 Workshop on Final

    6/25

    Rule 19. The following general principles have been laiddown for the guidance of authorities which have to enter

    into contracts or agreements involving expenditure fromPublic funds:-

    The terms of a contract must be precise and definite andthere must be no room for ambiguity or misconstructiontherein.

    As far as possible, legal and financial advice should be

    taken in the drafting of contracts and before they are finallyentered into.

    Standards forms of contracts should be adopted whereverpossible, the terms to be subject to adequate priorscrutiny.

    The terms of the contract once entered into should not bematerially varied without the previous consent of theauthority competent to enter into the contract as so varied.No payments to contractors by way of compensation, orotherwise, outside the strict terms of the contract or inexcess of the contract rates may be authorized without theprevious approval of the Ministry of Finance.

  • 8/9/2019 Workshop on Final

    7/25

    No contact involving an uncertain or indefinite liability or

    any condition of an unusual character should be enteredinto without the previous consent of the Ministry ofFinance.

    Whenever practicable and advantageous, contracts shouldbe placed only after tenders have been openly invited and,in cases where the lowest tender is not accepted, reasons

    should be recorded. In selecting the tender to be accepted, the financial status

    of the individuals and firms tendering must be taken intoconsideration in addition to all other relevant factors.

  • 8/9/2019 Workshop on Final

    8/25

    An Environment with a Strong Internal

    Control & Monitoring framework alone can

    help Prevent - Rule 2(f) of the Public

    Procurement Rules

    It states that corrupt and fraudulent practices

    includes the offering, giving, receiving, orsoliciting of any thing of value to influence the

    action of a public official or the supplier or

    contractor in the procurement process or in

    contract execution to the detriment of the

    procuring agencies; or misrepresentation of

    facts in order to influence a procurement

    process.

  • 8/9/2019 Workshop on Final

    9/25

    or the execution of a contract, collusive

    practices among bidders (prior to or after bid

    submission) designed to establish bid prices at

    artificial, non-competitive levels and to deprivethe procuring agencies of the benefits of free

    and open competition and any request for, or

    solicitation of anything of value by any public

    official in the course of the exercise of his duty;

  • 8/9/2019 Workshop on Final

    10/25

    Rule 4 of the Public Procurement

    R

    ules, 2004 states that :Principles of Procurements

    Procuring agencies, while engaging in

    procurements, shall ensure that the procurementsare conducted in a fair and transparent manner, the

    object of procurement brings value for money to the

    agency and the procurement process is efficient and

    economical.

  • 8/9/2019 Workshop on Final

    11/25

    Audit Procedures

    Introduction to Audit Guidelines Guiding Principles

    The guiding principles that should be observed when

    conducting any audit under the authority of the

    Auditor-Generals Ordinance 2001 are documented

    in DAGPs Financial Audit Manual (first published in

    2005 under the Project for Improving FinancialReporting and Auditing (PIFRA)).

  • 8/9/2019 Workshop on Final

    12/25

    PRE-AUDIT CHECKS

    Applied by theAccountant General Scrutiny of AT (Approved / Accepted Tender).

    by verifying the Rates.

    Date and place of delivery.

    Consignee and the name of the contract.

    Terms and conditions of the contract. Availability of funds.

    The head of account to be debited.

    Verification of signature & seal of purchasing / indenting officerby the A.G Office i.e S.V.O (Signature Verifying Officer) on every

    page of the form. Verifying the Bill issuance form issued by department to the

    contractor with the serial number allotted and serial number ofA.T mentioned by the indenting officer.

  • 8/9/2019 Workshop on Final

    13/25

    Check the receipt of verification memo with the

    Inspection Note / Certificate by the industries

    department or the committee constituted for this

    purpose.

    Check and verify the deduction of Income Tax / GST

    / Service charges / Fines on late supply of materials.

    The Bill / Claim is cleared subject to confirmation of

    receipt of items in good condition duly certified and

    verified through delivery challan.

    All the details are recorded in the Supply Audit

    Registered of A.G Office.

  • 8/9/2019 Workshop on Final

    14/25

    The Financial Audit Manual (FAM),

    and the Audit Guidelines FAM Provides modern Auditing Standards,

    Concepts, Techniques, and Quality

    Assurance arrangements. It covers the entire

    audit cycle.

    The FAM is supported by a standard audit

    working paper kit and a set of tailored audit

    guidelines applicable to all areas of audit.There is a specific guideline for the audit of

    procurement.

  • 8/9/2019 Workshop on Final

    15/25

    Introduction to Audit Guidelines

    Auditors Responsibility

    Every auditor engaged in a DAGP audit is required to befamiliar with the audit theory, practice standards, and

    techniques described in the DAGP Financial Audit

    Manual, including the documentation standards.

  • 8/9/2019 Workshop on Final

    16/25

    Introduction to Audit Guidelines

    Practical Tools

    In addition to the Financial Audit Manual, PIFRAalso provides the auditor with practical tools forconducting the audit. One of these tools is a set of

    Standard Audit Working Papers. These workingpapers are a generalized set of forms andschedules designed to help each audit team performthe audit in compliance with the principles set out inthe Financial Audit Manual. This Guideline has

    been prepared to assist each audit team to applythe Standard Audit Working Papers to the audit ofProcurement activities.

  • 8/9/2019 Workshop on Final

    17/25

    The auditor is required to be familiar with the laws, regulations and

    procedures pertaining to contracting and procurement. Obtaincopies of contracting policies and procedures manuals, circulars,etc. In particular, the auditor should refer to the PublicProcurement Rules, 2004 (provided as an Appendix ).

    Focus of the Procurement Audit

    There are three questions that the auditor should ask:

    What should be examined?

    At what stage should the auditor examine the procurementprocess?

    Which parties to the procurement process should beapproached?

  • 8/9/2019 Workshop on Final

    18/25

    The Guidelines for the audit of Procurement

    Scope

    Contracting and procurement activities apply to the acquisitionof a whole range of resources, including:

    Infrastructure, buildings and major equipment[1];

    Vehicles, furniture, tools, small equipment and parts;

    Small items such as stationary and pencils and consumables;

    Materials and equipment for maintenance purposes;

    Maintenance services for facilities and equipment;

    Hardware and software for computer systems;

    Consulting services; and

    Other contracted out services.

    [1] These are generally managed as projects (see the Audit Program Guide for the Audit ofExpenditures Project Costs and Performance in Appendix B) - but they often have asubstantial contracting and procurement component.

  • 8/9/2019 Workshop on Final

    19/25

    The best input to this decision is experience but thefollowing provides some guidance. The decision shouldbe based on answers to the following questions:

    Is the amount of procurement within the organization of

    high materiality? Is it anticipated that the controls over the procurement

    process are weak (assessment of this is usually basedon past audit work, internal audit reports, managementinterviews or an initial assessment of internal controls)?

    Is there a lot of sole sourcing (i.e. many contracts are letwithout going through a competitive bid process) andespecially, does this applies to large procurements?

    The Guidelines for the audit of Procurement

  • 8/9/2019 Workshop on Final

    20/25

    The Guidelines for the audit of Procurement

    Are there many examples of poor performance (projectsover budget or delayed, contracts not let, multiplecontract amendments, goods or services not meetingrequirements)?

    Any suspicion of misallocation of funds (such asidentifying possible duplicate payments, unable to locateitems bought, finding new equipment is not being used,critical newspaper articles)?

    The more yes to these questions the more important itis for the auditor to examine the procurement process

    and activities. Even a single yes may be consideredsufficient to conduct an audit.

  • 8/9/2019 Workshop on Final

    21/25

    The Guidelines for the audit of ProcurementIdentification of Major Procurement Activities

    Almost every audit office within the DAGP will need

    to conduct audit work relating to Procurement within

    its area of audit responsibility.

    For audits specifically focused on Procurement, thefirst consideration is determining the types of

    procurement, the amount of procurement, and the

    particular risks associated with procurement carried

    out by the audit entity.T

    he design of the auditapproach and determination of audit scope to fulfill

    the audit objective relating to Procurement will be

    the responsibility of the Audit Manager.

  • 8/9/2019 Workshop on Final

    22/25

    The Guidelines for the audit of ProcurementDetermining the Audit Objective and Audit Scope

    The auditor needs to obtain a clear picture of theprocurement activity of the audit entity. The scope of theaudit could include the government as a whole; adepartment of government; or simply the procurementactivity for a single project.

    The audit objective may focus on one aspect ofprocurement such as the extent of competitive

    procurement and the proper justification for solesourcing of products or services; or it may cover allaspects of the procurement cycle. The selection of areasof Procurement may also focus on particular types ofprocurement, such as acquisition of:

    Computers (and the controls over the acquisition ofcomputers); or

    Vehicles (and what specific standards exist governingthe type and/or cost of vehicle and the criteria foracquiring replacement vehicles); etc.

  • 8/9/2019 Workshop on Final

    23/25

    Compliance Audit against the Public

    Procurement Rules, 2004

    In conducting an audit of the entitys compliance with theseRules, the auditor should address each of the followingrequirements which are specified in the Public ProcurementRules:

    # 8: procurement planning: all proposed procurement is to beplanned in detail as to requirements, available resources, timing,and, anticipated benefits.

    #9: no splitting or regrouping is allowed to circumvent the intentof the rules.

    #10: specifications should allow the widest possible competitionand not create unnecessary barriers to potential vendors.

    #11: proper approval mechanism: to ensure clear authorization,proper delegation of powers, prior approval from competentauthorities.

  • 8/9/2019 Workshop on Final

    24/25

    #13: sufficient response time should be given.

    #14: exceptions (proprietary or national security concerns). #15, 16: process for pre-qualifying suppliers.

    #17, 18, 19: basis for disqualifying or blacklisting offendingvendors.

    #20, 21: open competitive bidding.

    #22-27: rules relating to submitting bids. #28-35: opening, evaluating and rejecting bids.

    #36: alternatives for open competitive bidding (one envelopecontaining both technical and financial proposal / two envelopebid with technical opened first, then financial of technicallyaccepted bids opened publicly / two stage biding procedure).

  • 8/9/2019 Workshop on Final

    25/25

    #37: guidance on which procedure to use.

    #38-41: acceptance of bids and award of contracts.

    #42: alternative methods of procurement (conditions andprocedures for alternative methods).

    #43: prompt payment.

    #44: coming into force of a procurement contract.

    #45: closing of the contract.

    #46, 47: maintenance of records and freedom of information.

    #48, 49: redressal of grievances and settlement of disputes.

    #50: unauthorized breach of rules constitutes a mis-procurement