Public Procurement And Finance Notes Pdf Download High Quality

This PPN provides advanced notification of the new threshold values to apply for the purposes of the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016 and the Defence and Security Public Contracts Regulations 2011. This PPN also sets out a change to the methodology for estimating contract values to be inclusive of VAT for the purposes of applying the thresholds. This does not require a change to the publication of procurement notices.

Public procurement is the process by which public entities contract for acquisition or supply of goods, services or works. Public procurement in Kenya has undergone major reforms to the current legal framework of Public Procurement and Disposal Act (PPDA) of 2005. In the various reforms, the major concerns were those of improving efficiency and effectiveness, promoting competition, trying to alleviate corruption levels in procurement activities, enhancing standardized procedures among others. This has further been supported especially by the regulatory bodies of; Public procurement and Oversight Authority, Public Procurement Advisory board, and Public Procurement Administrative board.

Public Procurement And Finance Notes Pdf Download

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However, since the inception of PPDA in 2007 together with the regulatory bodies, there have emerged challenges which have continued to limit the success of the above procurement umbrella. It is in this vein that we wish to highlight as our scope some of the challenges that public procurement encounters.

To prevent fraud, waste, corruption or local protectionism, the law of most countries regulates government procurement more or less closely. It usually requires the procuring authority to issue public tenders if the value of the procurement exceeds a certain threshold.

Government procurement in the European Union is the awarding of contracts for public works and for the purchase of goods and services by the public authorities of the European Union (EU) and its member states. Government procurement represents 13.5% of EU GDP as of 2007, and has been the subject of increasing European regulation since the 1970s because of its importance in the European single market

Corruption in public procurement was also facilitated by the lack of transparency in the system; the applicable procedures were invariably inaccessible to the public. To make matters worse, Kenyan law does not prohibit public officials from participating in private enterprise. Indeed, the civil service is by far the most important launching pad for businessmen in Kenya as it gives senior government officials and politicians access to public resources, such as lucrative public procurement contracts. The participation of public officials in private enterprise has thus been a key source of corruption in public procurement, since the rules established to guard against conflicts of interest have invariably been breached.

Further, there was no provision for dissatisfied bidders or the general public to appeal against the procurement decisions of the various tender boards where, for instance, there were irregularities in the process. The system only allowed for appeals by accounting officers (usually permanent secretaries) in the relevant government ministries, departments and agencies. And there was no role for the judicial system as the decisions of the administrative appeal bodies were deemed final.

In the view of the above shortcomings, it was found necessary to have a law to govern the procurement system in the public sector and to establish the necessary institutions to ensure that all procurement entities observe the provisions of the law for the purpose of attaining the objectives of an open tender system in the sector. Consequently the establishment of the Exchequer and Audit (Public Procurement)

It came into operation on 1st Jan 2007, by legal notice number 172 of 29th December 2006 while the public Procurement and regulation also become operational on 1st Jan 2007 by legal notice no 174 of 29th December 2006. Kenya Gazette notice No 92 thus he Act and the regulations govern all public procurement actions that commenced after 1.1. 2007.

The Act is meant to establish procedures for efficient public procurement and for the Disposal of unserviceable, obsolete or surplus stores, assets and equipment by public entities and to provide for other related matters.

Corruption: Has the meaning assigned to it in the authority as offering, giving, receiving, or soliciting anything of value to influence the action of a public official in the procurement or disposal process or contract execution.

This is established under section 25.The public procurement complaints review and appeals board was established under the ex-changer and audit (public procurement regulations of 2001). The authority shall provide administration services to the review board.

This is defined as the process by which a procuring entity, based on previously defined criteria, effects public procurements, by offering to every interested bidder equal simultaneous information and opportunity to offer the goods and works needed. The procurement notices used to call for bids is called invitation for bid or invitation to tender.

Restricted tendering is a procurement method that limits the request for tenders to a select number of suppliers, contractors or service providers. This method of procurement is also called: Limited Bidding and Selective Tendering. Although considered a competitive procurement method, competition is limited to only firms shortlisted or invited by the procuring entity. A process should be in place for arriving at the number and specific firms that will be invited; that number however is dependent on the stipulations of the public procurement legal framework.

Concessioning: means a procurement that encourages the mobilization of private sector resources for the purpose of public financing, construction, operation and maintenance of development projects and may include builddown and operate, build-own-operate and transfer, build-operate and transfer or similar types of procurement procedures;

Over the last decade the Government of Kenya has undertaken a number of PFM reforms aimed at enhancing accountability and transparency. These reforms have targeted the core PFM systems of budget formulation and execution, public procurement, revenue collection, internal and external audit, parliamentary oversight, Payroll and Pensions, Public debt and guarantees, Accounting and Reporting and the Macro-fiscal framework.

3. The Scottish Government (SG) Procurement Policy Manual provides guidance on the procurement policies that apply to Scottish Government (SG) procurement activity. The manual also highlights some key legal obligations and considerations. The manual is mandatory for core Scottish Government and any other body where their Framework document or other express agreement with SG specifies this manual is applicable. Executive Agencies and Non-Departmental Public Bodies (NDPBs) should follow the principles set out in the SG procurement policy manual, but may have different documented procedures and processes in place (e.g. in relation to NCA approvals, ePC procedures, records management systems, and DPA levels). We also strongly encourage other SG sponsored bodies to follow the principles of the Manual, and regardless, they should comply with the Scottish Procurement Policy Handbook, which is applicable to the wider Scottish public sector.

4. The Scottish Procurement Policy Handbook is mandatory for all organisations that fall within the scope of the SPFM. The Handbook should be read in conjunction with the Procurement Journey (which provides a key source of guidance and documentation for the Scottish public sector and is updated on a continual basis with any changes in legislation and policy, facilitating best practice and consistency) and other guidance issued by SPCD, including Scottish Procurement Policy Notes (which provide updates on legal and procurement policy developments).

5. The Client Guide to Construction Projects and Construction Policy Notes are mandatory for all organisations that fall within the scope of the SPFM. The Client Guide to Construction Projects consists of three Handbooks: the Project Initiation and Business Case Handbook, the Construction Procurement Handbook and the Construction Handbook. This guidance is supplemental to the procurement guidance noted in paragraph 4 above and is designed to be specific to public sector construction projects.

Organizations should make relevant procurementinformation available to everyone, including the public as well as suppliers.Information should be kept confidential only when there are legal or other valid reasonsto do so.

In many companies, procurement and finance teams operate as separate departments.Historically, they have sometimes been at odds for one major reason: Procurement spendsmoney, while finance focuses on profitability, which sometimes means finding ways to spendless.

Integrated supply chain managementsoftware that can connect information from across the business, including finance,is an important tool to bridge the traditional divide and help teams work together toadvance business objectives. Supply chain management software can also help you trackprogress toward goals by providing the information you need for key performance indicators(KPIs) in a simple-to-understand format for your procurement team.

Traditionally, different departments within an organization are structured around their own unique functions, objectives and operations. This is often the case for the procurement and finance departments, despite the fact that the relationship between the two is so heavily intertwined.

In Wales, the Code of Practice on Ethical Employment Practices in Public Sector Supply Chains has been produced by the Welsh Government to inform the public sector in Wales on how to address fair treatment in terms of pay and employment rights through procurement. e24fc04721