Expression of Interest - Details
- Eoi Name:
- Consultancy Service For The Development Of Regulations
- Pack #:
- ADB/MOF/GISP/QCBS/CONS/003/2016
- Post Date:
- 21st July, 2016
- Submit Date:
- 11th August, 2016
- Tender Cat:
- Consultancy Services
- Agency:
- -
- Industry:
- General
- Description:
- Consultancy Service For The Development Of Regulations To The Public Procurement Act, 2003 (Act 663) As Amended.
1.0 BACKGROUND INFORMATION
1.1. Beneficiary country
The Government of the Republic of Ghana has received financing from the African Development Bank towards the cost of Ghana Institutional Support Project (GISP) and intends to apply part of the agreed amount for this grant to payments under the contract for procurement of consultancy service for the Public Procurement Authority (PPA) under the Ghana Institutional Support Project (GISP) for the development of Regulations to the Public Procurement Act, 2003 (Act 663) as amended by the Public Procurement (Amendment) Act, 2016, (Act 914).
1.2 Contracting Authority
The contracting authority is the Public Procurement Authority (PPA).
2.0 PROJECT BACKGROUND
Procurement reforms have progressed well over the years with the following notable achievements:
a) Preparation of procurement tools including: the procurement law, manuals (Procurement, Procurement Records Management, and Contract Management), Standard Tender Documents, and various Policy Guidelines such as those on the application of Framework Agreements, Low and Minor Value Procurements;
b) Putting in place the necessary systems for informing stakeholders about Procurement in Ghana;
c) Development and delivery of various training programs to Public Entities, public and private sector procurement practitioners and policy makers, including: contractors, suppliers and consultants;
d) Development of a public procurement model of excellence (PPME) tool for measuring performance of procuring entities;
e) Establishment of an Appeals and Complaints Panel for the successful administrative review of procurement complaints;
f) Introduction and implementation of the Sustainable Public Procurement concept;
g) Publication and Launch of the Scheme of Service for Procurement Class for the Civil/Local Government Service;
h) Preparation for the introduction of e-procurement and
i) Extensive amendments of the Public Procurement Act, which have recently been approved by the Parliament of the Republic of Ghana.
Notwithstanding the above achievements, the procurement system in Ghana has a number of weaknesses and bottlenecks, which need to be addressed as soon as possible, including lack of approved Regulations. A draft document prepared and posted on the PPA’s website as draft Regulations will therefore be critically examined and updated.
3.0 OBJECTIVE OF THE ASSIGNMENT
The goals and objective of preparing Regulations to the Public Procurement Act are to develop specific secondary rules required to support or enhance the clauses of the principal enactment. Regulations will therefore be drafted to implement, interpret or prescribe specific provisions or underlying policies of the law; or to describe in greater detail, specific procedure(s) or practice requirements of the law as intended by the principal enactment, as Section 97 of Act 663 duly confers on the Public Procurement Authority (PPA).
4.0 SCOPE OF SERVICES
The Scope of services for this consultancy include:
i. Conducting a thorough review and audit of an existing but uncompleted draft, and determining the areas to be retained as regulations as mandated by Section 97 of the Public Procurement Act, 2003 (Act 663).
ii. Critically reviewing the Procurement Act, 2003 (Act 663) and The Public Procurement (Amendment) Act, 2016 (Act 914) to identify and determine which provisions require regulations. These will include but not be limited to:-
• Clarification and expansion of the rules on the procurement of consultants;
• Outlining and clarifying rules on membership, administration and tenure of the Entity Tender Committees, Tender Review Committees;
• Preparation of simple rules and procedures to be observed by entities and entity heads, on mediation and the amicable resolution of complaints at entity level
• Preparation of rules (to the extent possible within the time frame and budget of this assignment) on code of conduct and conflict of interest in procurement;
• Establishment of rules to ensure the enforcement of sanctions of the Act as amended;
• Preparation and incorporation of rules on debarment;
• Identify any other areas of the Act and amendment that require regulations.
iii. Review the PPA guidelines listed below, and incorporate as regulations. The Consultant may however advise the extent of incorporation in this assignment, having regard to the assignment period and budget;
• the Guidelines on Single Sourcing;
• Guidelines on Margins of Preference;
• Guidelines on Disposal of Assets;
iv. In consultation with the PPA, consult two (2) organizations each in the categories specified under the amended Public Procurement Act, to collate inputs from Stakeholders for the preparation of the Legislative Instructions.
v. In consultation with the PPA, facilitate three 2-day workshops within the regions where the PPA’s Zonal Offices are located, to sensitize and collate input from stakeholders into preparation of Legislative Instructions (Greater Accra, Takoradi and Kumasi).
vi. Prepare a report detailing the underlying policy reasons to serve as Legislative Instructions.
vii. Legislative drafting based on Legislative Instructions; and
viii. Prepare Preliminary Draft of the proposed Regulations for PPA’s review and comments if any.
The GISP/Public Procurement Authority now invites eligible consulting firms to indicate their interest in the development of Regulations to the Public Procurement Act, 2003 (Act 663) as amended by the Public Procurement (Amendment) Act, 2016, (Act 914) Interested Consultants should provide information demonstrating that they have the required qualification and relevant experience to perform the assignment. The shortlisting criteria are:
i. General Experience of the Firm.
ii. Specific Experience of Firm in undertaking similar assignments.
iii. Consultants’ personnel for the assignment.
Consultants may constitute joint-ventures to enhance their chances of qualification.
- Source of Funds:
- GHANA SECONDARY CITIES SUPPORT PROGRAM (GSCSP)
- Region:
- Greater Accra
- District:
- Accra Metropolitan District
- Contact Person:
- The Project Manager Ghana Institutional Support Project/Ministry of Finance Box MB 40, Accra, Ghana
- Email :
- gisp@mofep.gov.gh
- Tel :
- 030 747197 Ext 7312
- Fax :
- Website: