1. PUBLIC PROCUREMENT & DISPOSAL OF PUBLIC ASSETS ACT
Presented by: Nyasha Chizu FCIPS
Senior Procurement Executive
Office of the President and Cabinet

2. Background of the Reform
Agenda
Background of the Reform
New Order
Discussions

3. Background of the Reforms
Public Finance Management Systems Review
Procurement Management Systems Review (CPAR)
Country Integrated Fiduciary Assessment
Adopted by the Government in February 2015
CPAR
A new Board was appointed on the 1st of November 2015
Appointment of the new SPB

4. The Constitution: Section 315
Procurement must be effected in a transparent manner
The procurement process must be fair
The procurement process must be honest
The procurement process must be cost effective
Requirements for General Procurement
Negotiations for joint ventures must be transparent;
Negotiations for joint ventures must be honesty
Negotiations for joint ventures must be cost effective;
Negotiations for joint ventures must be competitive
Requirements for Public-Private Partnerships

5. The Principles of the Act
It covers all State Institutions at every level
It covers all stages of the procurement cycle
It covers all types of procurement
There are provisions for exclusions and exemptions
Scope of the Act
It create a Public Procurement Regulatory Authority of Zimbabwe (PRAZ)
Separation of Regulatory and Operational Functions
Establishment of the Board of PRAZ

6. Principles (Cont) Decentralisation of procurement activities
Procurement shall be managed by a Procurement Mgt Unit
Procurement is regarded a strategic tool in public service delivery
Organisation of procurement in institutions
Procurement practitioners shall be regulated
E-procurement and use of framework agreements shall be provided for
Professionalisation & modernization of procurement

7. Principles (cont) The Accounting Officer can now review own decision
The Authority shall be the 1st level of appeal
Enforcement shall be through the Administrative Court
Appeals procedures
There are sanctions for staff of the procuring entities
There are sanctions for suppliers
Penalties for violation of procurement laws

8. A new rules for competition
If professional services are to be procured from any person bound by a Statutory Tariff in relation to that profession or service, this Act shall apply so as not to require that person to be so bound, and no adverse consequences shall be visited upon that person for not adhering to such a tariff
Section 3 (4) of the Act

9. Responsibility of procuring entities
Accounting Officer
Staff in the PMU shall assist the Accounting Officer
Responsibility of Procurement (Section 14 of the Act)
PMUs shall be authorized to conduct procurement
Annual Procurement Budget and Risk Profile shall determine the class of a PMU
Authority to conduct procurement (Section 15 of the Act)
Low procurement activities
Failure to meet the standards established by the Authority
Procurement function can be delegated or combined

10. Undue Influence Section 16 (1) of the Act
The A/O shall not implement a directive that violates the Act
Section 16 (1) of the Act
The A/O shall only implement a directive if it is in writing
Section 16 (2) of the Act
The A/O shall report to the VP, AG, AG and Chief Secretary to the President and Cabinet
Action after implementing the directive

11. Structure of PMU
A/O
Evaluation Committee
PMU

12. Role of PMU (Section 17 of the Act)
Planning procurement
Preparing bidding documents
Managing evaluation of bids and contract negotiation
Supervising the evaluation committees
Advising the A/O on all procurement matters
Preparation of contract documents
Managing procurement contracts

13. Other new Provisions
Section 17 (4) – where activities does not justify a PMU
Procurement can be delegated
Section 19 – common use items – framework agreements
Procurement activities can be shared
Section 26 – PE can engage the market to develop specifications
Pilot survey as a means of assessment feasibility of technical solutions
Market consultations

14. Procurement Methods (Section 30)
Competitive bidding
Restricted bidding
Direct procurement
Request for Quotations
Procurement of Consultancy Services
Procurement of joint ventures

15. Eligibility Requirements
Meeting specified ethical standards
Company Registration Documents
Demonstration of contractual capacity
Insolvency, liquidation, judicial management etc
Legal Financial Status
ZIMRA and NSSA compliance
Complies with local laws

16. Eligibility (cont)
Company and Directors and employees record (5 years)
Criminal Record
Professional and Technical qualifications and competences
Financial resources
Equipment and other physical facilities
Managerial capability
Experience
Business reputation and personnel
Technical Competencies of the Supplier

17. Preference to locals
Extent of local participation or subcontracting
Provisions of the Indigenization and Economic Empowerment Act
Entities predominantly owned by women
Women owned business
Procurement of technological, engineering or industrial designs
Research Institutions

18. Review of Procurement Awards
Procurement of a certain threshold are subject to ex-ante review
Special Procurement Oversight Committee
Attorney General
Accountant General
Auditor General
Principal Director – Works - MoPWLGNH
Composition of Ex-ante Review Committee

19. Procurement of Consultancy
Expression of Interest
Shortlisting
Request for Proposals
The process
Quality and Cost Based Selection
Fixed Budget Selection Method
Least-cost Selection Method
Quality based selection method
Selection among community based organisations
Single source selection
Selection of individual consultants
Award Criteria

20. Procurement of Joint Ventures
Unsolicited Projects
Solicited Projects
Approval by the JV Unit
Cabinet Approval
Refer to the JV Act
Shortlisting
EoI
Negotiations
RfP
Contract award
Prior-review

21. Transparency and Integrity
Award Notices
Code of Conduct for Supplier
Code of Conduct for PE staff

22. Other Provisions Review of award of tenders
SPRC comprising the 3 AGs and PD in MoPWLGNH
Review of award of tenders
Contract Management Provision
Assets Disposal Provisions
Investigations by the Authority

23. e-GP Journey Development of e-GP Strategy
Development of e-GP Specifications
Development of e-GP Bidding Document

24.
In case you have a contribution for the new Public Procurement and Disposal of Public Assets Regulations, please drop me an as a matter of urgency.

25. The end
Questions are Welcome