Tired of public procurement delays? Try accreditation

The subject of public procurement and disposal continues to take centre stage in public discourse and to remain in headlines for longer than other issues that are equally dear to Ugandans. It is not difficult to make out the underlying reasons for this phenomenon. Annually, upwards of 60 percent of our national budget is spent on public procurement.  Thus, understandably, public procurement is felt across the country not just by contractors and the government agencies, but also by the general public who get involved across the value chain.

To some people, public procurement is viewed as a series of tedious, complex and at times seemingly unnecessary procedures! According to the law, for the government to acquire goods or services, it is a requirement that the process must be meticulous to ensure value for money. Section 43 of the Public Procurement and Disposal of Public Assets Act (PPDA Act 2003), specifically provides that, “all public procurement and disposal shall be conducted in accordance with the following principles; non-discrimination; transparency, accountability and fairness; maximisation of competition and ensuring value for money; confidentiality; economy and efficiency; and promotion of ethics.

In addition to these principles, there are other provisions in the Act, related to the procurement cycle that impose more rigours on the procuring and disposing entities (PDEs) or the government Ministries, Departments and Agencies.  It starts from the procurement planning before the beginning of the financial year, to invitation for bids, evaluation, award of contract, and contract execution. These processes inevitably lead to delays. The delay in the delivery of goods and services is the last thing anyone wants to hear of, especially if the requisite resources are available.

But things are not meant to be like that all the time. The framers of the law, the PPDA Act 2003, were not oblivious of the need to expeditiously deliver public goods and services.  Therefore there are provisions in the Act that should, and do make procurement procedures quicker and easier. Notable among these is accreditation.

Accreditation is where a PDE applies to the PPDA for an alternative method of procurement or disposal without necessarily following the letter of the law, but ensuring that alternative method is in tandem with the basic principles of public procurement.

Section 40A of the Act is explicit on how a PDE can expedite a procurement process when the application of the law as it is, proves to be unrealistic in a given context. The section provides that “ A procuring and disposing entity which is not able to comply with a particular procurement or disposal procedure required under this Act, may apply to the Authority, for accreditation of an alternative system”.

The same section further adds that “The Authority shall permit accreditation of an alternative system, where exceptional requirements make it impossible, impractical or uneconomical to comply with the PPDA Act or where market conditions or behaviour do not allow effective application of the Act”.

Examples abound where PDEs have applied to the PPDA for accreditation and their applications have been duly approved.

It is also important to note that accreditation is just one of the procedures provided for in the law to simplify public procurement and disposal. There are other options available to PDEs, including emergency procurement guidelines issued by the PPDA to handle emergency situations and guidelines for procurement of essential requirements like medicines.

Therefore, the delay in the delivery of goods and services by PDEs is avoidable. There is always a lee way as long as there is justification, and as long as the proposed alternative method of procurement or disposal meets the basic principles of the law.

The civil servants owe it to the public to deliver goods and services in a timely manner.

Cris Magoba, Manager Public Relations, PPDA