BACKGROUND
The Government, in consultation with its
development partners identified the public procurement system as
an area that required urgent attention in view of the widespread
perception of corrupt practices and inefficiencies, and to build
trust in the procurement system. As over 70 percent of
Government’s budget is procurement related, an efficient public
procurement system will ensure value for money in government
expenditure, which is essential in a country facing enormous
challenges in a post conflict situation.
Accordingly, in December 2002, at the
instance of His Excellency the President, Alhaji Dr. Ahmad Tejan
Kabbah, the Government of Sierra Leone launched a phased reform
programme of the country’s public procurement system, with the
assistance of the UNDP and World Bank. The first phase of this
programme focused on key aspects of procurement management, a
Spend Analysis of the Government’s procurement, and an overhaul
of the regulatory framework. The second phase, currently in
progress, deals with the implementation of the new procurement
law, the new institutional structure, capacity development and
improving procurement processes and tools.
The direct result of the first phase was the
establishment in 2003 of a Procurement Reform Steering Committee
chaired by the Vice President, and comprising government and
donor representatives. The Steering Committee was tasked with
the duty of examining the various procurement options and
overseeing the implementation of any agreed activities for the
procurement reform programme. UNDP/IAPSO in Denmark provided
strategic advice and management services to the Steering
Committee. On 26th March 2003, the Central Tender
Board (CTB) of the Ministry of Finance, which had previously
been responsible for all public procurement in Sierra Leone, was
suspended and its functions transferred by Government to the
Procurement Reform Steering Committee. Under the CTB, public
procurement was a highly centralised process overseen by the
Ministry of Finance. It was also considered a mere
administrative function with little or no planning of
procurement activities by the various MDAs utilising public
funds. In addition, there was lack of a comprehensive legal
framework or codified rules and regulations to guide procurement
activities in the country. The Financial Orders of 1963 setting
up various Tender Boards had become rather obsolete. There was
also the absence of an effective monitoring and auditing system
to ensure compliance with regulations and guidelines.
In March 2004, the Procurement Reform
Executive Secretariat prepared Interim Rules and Regulations
which were approved by Government to govern public procurement
until a comprehensive legislation was enacted by Parliament. The
Interim Rules and Regulations (IRR) were the precursor and
foundation of the Public Procurement Act 2004 and its
implementing Regulations of 2006. The IRR governed public
procurement in all MDAs for an interim period of six months
during the year 2004. During this interim period, the
Procurement Reform Executive Secretariat aided by Crown Agents
(UK), developed the Public Procurement Bill based on the model
law of the United Nations Commission on International Trade Law
(UNCITRAL) for enactment by Parliament. A comprehensive
Procurement Manual for the guidance of procurement officers in
the public service, together with a full set of Standard Bidding
Documents for use by all MDAs, including Local Government
Councils, in the procurement of goods, works and services were
also developed.
Following the enactment by Parliament of the
Public Procurement Bill, and its signing into law on 7th
December 2004 by His Excellency the President, the
implementation of the second phase of the procurement reform
process was set in motion. The Public Procurement Act 2004 is a
comprehensive legislation designed to eliminate the shortcomings
and organisational weaknesses which were inherent in public
procurement in Sierra Leone. Furthermore, it is a component of
the overall Governance Reform Programme taking place in the
country. It specifically applies to the procurement of goods,
works, and services by Ministries, Departments and Agencies
through an open competitive bidding process.
ESTABLISHMENT OF THE NATIONAL PUBLIC
PROCUREMENT AUTHORITY AND THE INDEPENDENT PROCUREMENT REVIEW
PANEL
As required by the Public Procurement Act
2004, the Government in February 2005 established a regulatory
and compliance monitoring body called the National Public
Procurement Authority and a complaints review body called the
Independent Procurement Review Panel (IPRP). Effective
operations by these institutions commenced in April 2005 because
of logistical reasons. Under the broad reform of public
financial management and good governance, the NPPA is the
regulatory and monitoring body overseeing public procurement in
Sierra Leone and advises the Government on all matters relating
to public procurement [PPA section 14 (1)]. Under the Act, the
NPPA does not undertake or participate in MDAs’ procurement
processes, but ensures full compliance with the provisions
of the law and sets a level playing field for all stakeholders
in public procurement. It has the authority, through the IPRP,
to adjudicate on procurement complaints at any stage of the
procurement process and to make decisions which become binding
on all parties to the procurement transaction.
The NPPA has the following functions under
the provisions of section 14(2) of the Act:-
(a) formulating policies and standards on
public procurement and ensuring compliance therewith
by all parties to procurement
contracts;
(b)
assessing the operations of the public procurement processes
and submitting proposals for the
improvement of the processes,
including the introduction of information and communications
technology, and the development of
modalities for appropriate collaboration among procuring
entities;
(c) ensuring capacity building and human
resource development for public procurement,
including development, promoting and
supporting training and professional development of
persons engaged in public procurement;
(d) developing and recommending to heads of
procuring entities a career development and
management programme, and a system for
selection, appointment and termination of
appointment of procurement officers;
(e) disseminating information about, and
promoting awareness of the public procurement system;
(f) issuing standard forms of contract and
standard bidding documents for mandatory use by all
procuring entities;
(g) providing interpretation of this Act
and other instruments governing the procurement process;
(h) planning and coordinating technical
assistance in the field of public procurement;
(i)
publishing a quarterly Public Procurement Bulletin which shall
contain information on public
procurement, including approved procurement
plans, proposed procurement notices, and and and and and
notices of invitation to bid and contract
award information;
(j) publishing in the Public Procurement Bulletin or in the
Gazette or newspaper with wide
national circulation or the electronic media,
a database of suppliers, contractors and
consultants, and records of prices to assist
in the work of procuring entities;
(k) on its own or based on reports by
procuring entities or the Independent Procurement Review
Panel, investigate and suspend from
procurement proceedings under this act, suppliers,
contractors and consultants who have
neglected their obligations under a procurement contract,
or provided false information about
their qualifications, contravened tax regulations, or offered
inducements referred to in this
Act;
(l)
maintaining and issuing on a regular basis to all
procuring entities a list of suspended
suppliers, contractors and
consultants;
(m) preparing an annual report on the
overall functioning of the public procurement system,
including a profile of procurement
activities, to be presented to Cabinet and tabled before
Parliament through the Minister;
(n) sharing information and cooperating
with other arms of Government to facilitate the
implementation of Government policies
aimed at improved governance;
(o) conducting , at least annually, a
procurement forum bringing together public sector, private
sector, civil society and development
partners to address issues related to public procurement;
(p) performing such other functions as are
incidental or conducive to the attainment of the object
stated in subsection (1).
The Independent Procurement Review Panel (IPRP),
established by section 20 of the Public Procurement Act
adjudicates on complaints by way of appeals from aggrieved
parties to procurement transactions [section 65(1a)]. The Public
Procurement Act 2004 and its Regulations 2006 require that
procurement complaints be first heard by Heads of Procuring
Entities who shall not participate in any procurement decision
making in their entities. If a decision is not reached by a Head
of Entity within five working days, or if a complainant remains
unsatisfied, then an appeal can be made to the IPRP. The IPRP
can review complaints at any stage of the procurement process up
to and immediately before contract signature and make a decision
within ten working days, which shall be binding on all parties.
After contract signature, the contract agreement provides for
the settlement of disputes arising. The establishment of the
NPPA and IPRP are significant steps in the implementation of the
new Public Procurement Act 2004 and its Regulations 2006.
In addition to the NPPA and IPRP, other mandatory
structures created in MDAs under the Public Procurement Act include
Procurement Committees and Technical Evaluation Committees (for
decision making), and Procurement Units (for day-to-day conduct of
procurement). It is expected that these structures would greatly
facilitate the decision making, records management, contract
management, monitoring and evaluation activities of procuring
entities, as well as the NPPA itself.
MEMBERSHIP OF THE
BOARD OF THE NPPA
The Authority is guided and directed by a Board
of Directors, established in accordance with section 4 of the Act.
Its membership comprises eight “persons of high personal probity,
appointed by the President and subject to the approval of
Parliament.” The Chairman and other members of the Board who are not
ex-officio members hold office for three years and are eligible for
re-appointment for not more than two terms. Details of its
membership during the review period are presented below:
Board
Member
Position
Mr. Idrissa Yilla
Chairman
Mr. Dzul Iscandri (Deceased July 2006)
Member
Mr. Tunde
Cole Member
Mr. N.S. B.
Wellington Member
Dr. J. D.
Sandy
Member
Mrs. Iyesha
Josiah Member
Mrs. Alice Lansana Member
Mr. Alfred Kandeh
CEO & Member
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