2003年-世界发展银行全球_Ghana___Country_Procurement_Assessment_Report_Volume_4_Annex_8_76页_454kb

Ghana Public Procedure Act, 2003 Summary

Core Content

The Public Procedure Act, 2003 is a legal framework in Ghana aimed at regulating and improving the public procurement process. It establishes the Public Procurement Board (Board) and outlines the institutional structures, procedures, and responsibilities for all public procurement activities. The Act ensures fairness, transparency, and non-discrimination in the procurement of goods, works, and services, while also promoting ethical standards, competition, and value for money.

Main Objectives

• To harmonize public procurement processes across the public service.
• To ensure judicious, economic, and efficient use of state resources.
• To guarantee fair, transparent, and non-discriminatory procurement practices.
• To support local businesses and ensure they are competitive in the public sector.

Key Entities and Structures

1. Public Procurement Board

• Established as a body corporate with perpetual succession and a common seal.
• Has the authority to:
  • Formulate procurement policies.
  • Monitor and supervise procurement.
  • Maintain registers of procurement entities, suppliers, and debarred firms.
  • Publish a monthly bulletin on procurement activities.
  • Advising the government on procurement-related issues.
  • Organize and participate in administrative reviews.
  • Facilitate training for public officials involved in procurement.
  • Investigate and debar unqualified or unethical suppliers.

2. Procurement Entity

• Defined as any entity (governmental or otherwise) that utilizes public funds.
• Must prepare and submit a procurement plan annually and quarterly.
• Must ensure that procurement decisions are made in a corporate manner and maintain records of all procurement activities.

3. Tender Committees and Review Boards

• Each procurement entity must establish a Tender Committee (as per Schedule 1) to oversee the procurement process.
• Tender Committees must refer to Tender Review Boards for concurrent approval of procurement decisions above a certain threshold.
• Tender Review Boards are established at central, ministerial, regional, and district levels (as per Schedule 2) and are responsible for:
  • Reviewing procurement activities to ensure compliance with the Act.
  • Providing concurrent approval.
  • Furnishing reports to the Board.
  • Participating in procurement fora.

Procurement Procedures

1. Procurement Plan

• Must include contract packages, estimated costs, procurement methods, and processing steps.
• Submitted to the Tender Committee for approval.
• Updated quarterly after budget approval.

2. Qualification of Tenderers

• Tenderers must meet professional, technical, financial, and managerial criteria.
• Must be solvent and not under legal proceedings.
• Must have no criminal convictions related to procurement in the past 10 years.
• Must provide documentary evidence to prove qualifications.
• Any false or incomplete information leads to disqualification.

3. Prequalification Process

• Entities may conduct prequalification to identify qualified tenderers.
• Includes instructions, qualification criteria, submission guidelines, and deadlines.
• Entities must respond to clarification requests within 7 working days.
• Responses must be communicated to all suppliers unless confidential.

4. Tender Evaluation Panel

• Each procurement entity must appoint a tender evaluation panel with expertise.
• Evaluations must be based on predetermined and published criteria.

5. Record Keeping

• Procurement entities must maintain detailed records of all procurement proceedings.
• Records include:
  • Description of procurement needs.
  • Names and addresses of tenderers.
  • Qualifications and disqualification grounds.
  • Price and terms of tenders.
  • Evaluation and comparison results.
  • Rejection reasons and complaints.
• These records are subject to disclosure by the Public Procurement Board, investigators, and donor officials upon request.

Provisions and Rules

• Procurement is not restricted by nationality, unless justified by the procurement entity.
• Communication between procurement entities and suppliers must be in writing.
• Documentary evidence must comply with the Evidence Decree, 1975.
• Tenders may be rejected on economic grounds if specified in the tender documents.
• Procurement contracts must be published publicly.
• Inducements such as bribes or other unfair practices are strictly prohibited and may lead to debarment.
• The Board is responsible for training, professional development, and ethical standards in procurement.

Governance and Oversight

• The Board is established by law and operates under the direction of the President.
• Membership includes:
  • A Chairperson and Vice-Chairperson.
  • 4 public sector members (including at least one woman).
  • 4 private sector members (including at least one woman).
  • A Chief Executive.
• Members are appointed by the President with consultation from the Council of State.
• The Chief Executive is responsible for day-to-day administration of the Secretariat.
• The Board's financial year aligns with the government's financial year.
• Annual reports are submitted to the Minister and then to Parliament.

Compliance and Accountability

• All procurement activities must comply with the Act and its regulations.
• Procurement entities are accountable for their decisions and must ensure compliance with legal and ethical standards.
• Concurrent approval by Tender Review Boards does not absolve the entity from accountability.
• The Board has the authority to investigate and debar suppliers who violate procurement rules.

Conclusion

The Public Procedure Act, 2003 provides a comprehensive legal framework for public procurement in Ghana. It establishes institutional structures, clear procedures, and strong oversight mechanisms to ensure transparency, fairness, and efficiency in the procurement process. The Act also emphasizes training, ethical standards, and accountability for all parties involved in procurement.