Welcome. STAKEHOLDER ENGAGEMENT WORKSHOP. New Thinking New Beginning

Transcription

1 Welcome. STAKEHOLDER ENGAGEMENT WORKSHOP New Thinking New Beginning

2 SPPRA CIRCULARS SPPRA Circular No.1 of 2015 :CONTROL OF PRICES PAID BY PROCURING ENTITIES TO PREVENT AWARDING OF CONTRACTS TO TENDERERS THAT OFFER PRICES ABOVE MARKET SPPRA Circular No.2 of 2015 : SUBMISSION OF REPORTS TO THE AGENCY IN TERMS OF SECTION 11 OF THE ACT. SPPRA Circular No.3 of 2015 :NOTICES OF INTENTION TO AWARD CONTRACTS SPPRA Circular No.4 of 2015 :FEES FOR LODGING APPLICATIONS FOR ADMINISTRATIVE REVIEW AND APPEALS AGAINST SUSPENSION SPPRA Circular No.1 of 2016 : PUBLIC PROCUREMENT PROCEDURES SPPRA Circular No.1 of 2017 : Fees for Public Procurement Trainings

3 PUBLIC PROCUREMENT CAPACITY BUILDING (TRAININGS) New Thinking New Beginning

4 Public procurement capacity building Definition Is the process of assisting an individual or group to identify and address issues and gain the insights, knowledge and experience needed to solve public procurement challenges and implement change.

5 CAPACITY BUILDING MANDATE OF SPPRA The Capacity building mandate of SPPRA as stipulated by the Act Asses training needs required for the public procurement system and deliver programmes to deal with shortcomings Design and implement procurement training programmes suitable for other professionals associated with the procurement function. Establish standards and performance criteria required at each level of operation. 5

6 Continued Plan and draw up of strategy for capacity building, to support and strengthen the public procurement system Liaising with Office of Head of the Civil Service and other relevant public institutions for career structure in the public service for procurement professionals Identify institutions that would provide formal programmes for academic qualifications to meet professional standards

7 Importance of training on public procurement Bridge the skills gap of those directly or indirectly involved in procurement to enable them to perform their tasks more effectively and efficiently in a manner that is in compliance with the Act To provide support to procuring entities officers involved in public procurement through the system of continuous professional development Enhance performance of the public procurement system in Swaziland making it more functional, efficient and transparent To comply with Section 35 (4)(c) of Act

8 PEs procurement officers current qualifications (source: PEs procurement officers skills and knowledge of public procurement rapid assessment, August 2016) 38.80% 5.50% 1.80% 12.90% 15.30% 6.10% 1.80% 17.80% B com Accounting AAT 1-4 CIPS Form 5 and below Engineering (civil/construction) Economics Business administration Other (Policy Analysis, Community Development, Social Science and Leadership Management studies)

9 TRAINING SERVICES FEES ON PUBLIC PROCUREMENT CIRCULAR 1, 2017 Issued in accordance with Section 66 of the Act Agency charges a minimal fee to cover disbursements and costs associated with any training exercise as requested by stakeholders Fees cover the costs associated with coordinating trainings of Procuring Entities, Suppliers, Entity Procuring Units personnel, Entity Tender Boards as envisaged by section 35 and section 27 (3) respectively

10 Overview of the Public Procurement Act, 2011 Public procurement methods and processes Procurement monitoring and audits SPPRA PP Course Curriculum (minimum 3 days) The interpretations Entity Procurement units General rules of public procurement Obligations of the procuring entity Application for a deviation Supplier eligibility Contract award procedures Right to Review Offences Investigations Code of conduct Definition of public procurement Principles of public procurement Public procurement methods Procurement cycle Procurement strategy development Types of specifications Purpose of tender documents Sourcing suppliers Bid submission Bid evaluation Risk management in procurement The evaluation process Contract and supplier management Public procurement planning Development of procurement plans Procurement monitoring Procurement audits compliance and value for money audits

11 Target participants Designed to build the capacity of; Entity Tender Boards (ETB) Tender evaluation committees Entity executive and junior management Procurement officers

12 ADVERTISING TENDER OPPORTUNITIES ON THE SPPRA WEBSITE New Thinking New Beginning

13 BACKGROUND The Swaziland Public Procurement Regulatory Agency (SPPRA or the Agency) is a Category A public enterprise established as an independent regulatory Agency for public procurement in Swaziland. The Agency has been established through section 9 of the Public Procurement Act No.7 of 2011 to provide oversight to all public procuring entities in Swaziland by ensuring efficiency, economy, and value for money, transparency, accountability and ensuring maximum competition while also promoting diverse private sector participation. Section 11 of same, mandates the Agency to inter alia collect reports,data,information from procuring entities in support of its monitoring function Further, section 8 of same mandates the Agency to introduce information and communications technology for public procurement in Swaziland

14 ADVERTISING TENDERS ON SPPRA WEBSITE All procuring entities will be required to send all tenders (RFP/RFT), Expression of Interest (EOI),Requests for Pre-Qualifications,Request for Information (RFI) to the Agency before publication. All submitted tenders should conform to the latest approved annual procurement plan submitted to the Agency prior. The Agency s website will be the first advertising platform. The Agency will Review all Tenders to ensure that they comply with Public Procurement Procedures and guidelines (excluding TOR and Specifications). Return erroneous Tenders for correction with advise

15 ADVERTISING TENDERS ON SPPRA WEBSITE The Agency will insert an approved mark on all reviewed tenders and sent back to the procuring entities to enable them to proceed with solicitation. Procuring entities may then use any other advertising platform they wish to use. Advertising Tenders on SPPRA Website at a minimal Fee The Agency will archive Tenders for future reference and reporting by the Agency on the Performance of the Public Procurement System in Swaziland Link tender opportunities to pre-qualified and eligible suppliers (through the supplier registration project-2018)

16 PROCESS FLOW PE SENDS TENDER AND PO TO SPPRA ICT UPLOADS TENDER ON THE WEBSITE SPPRA RECEIVES TENDER AND ACKNOWLEDGES RECEIPT ICT informs PE of Approval TAC CHECKS FOR COMPLIANCE ICT REVIEWS AND PLACES APPROVAL MARK TAC APPROVES OR SENDS BACK FOR CORRECTION

17 OBJECTIVES OF THE PROJECT To collect information on the procurement system in Swaziland To correct erroneous tenders and to ensure that they are aligned to public procurement procedures, rules and guidelines To ensure that tenders are not biased and promote maximum and efficient competition, transparency and that they seek value for money. To ensure that tenders are aligned to annual procurement plans and therefore they have a budget To monitor tendering timeframes To ensure that notices of intention to award are published Reduce advertisement costs

18 MINIMUM TENDERING PERIODS 28 days for open tendering where the notice is published in Swaziland only; 42 days for open tendering where the notice is published internationally; 21 days for limited tendering where shortlisted tenderers are national only; or 28 days for limited tendering where the shortlist includes foreign tenderers.

19 VALUE ADD: PROCURING ENTITY Exposure to the supply market (most international suppliers recognise public procurement regulatory bodies as depository for tender opportunities in the public sector. Reduced advertising costs as procuring entities can just simply issue the website link on local newspapers to refer suppliers to the tendering opportunity. Potential suppliers will have confidence in the tender through the knowledge that SPPRA has approved/verified such a tender by uploading it on its website (increased tender integrity and reduced bid challenges). Erroneous tenders will be turned back with advice on how to correct it, in turn building capacity for the procuring entities.

20 VALUE ADD: SUPPLIER Confidence in the tender advert by knowing that the Agency has reviewed and approved it. Assurance of availability of budget for the procurement through improved submissions of procurement plans by procuring entities Invitations to tender will be aligned to public procurement procedures and regulations Tenders will be aligned to standard guidelines and suppliers will come to expect and align to these guidelines Tender decisions and contract award expedited through SPPRA monitoring Transparency enhanced through improved reporting and issuing of intentions to award

21 VALUE ADD: SPPRA To invoke section 11 (2),(a) and (b) (a) collect any data or reports from procuring entities, as determined by the Agency; (b) have access to all information, documents, records and reports belonging to a procuring entity in respect of any public procurement process. This will allow the Agency to be able to produce detailed reports on the status of public procurement in Swaziland in real time. The Agency will extract information for reporting on public procurement performance in Swaziland. To correct erroneous tenders (RFT/RFP), Expression of Interest (EOI), Request for Information (RFI), Prequalification of suppliers and tender adverts. To monitor compliance with public procurement procedures or standard bidding documents.

22 VALUE ADD: SPPRA To monitor tender advertising periods by public enterprises to ensure that the principle of maximum competition is achieved by encouraging reasonable advertising periods. To monitor tendering periods such as; the length of time taken by procuring entities to receive bids, conduct evaluation, recommendation of contract award, issuing of contract award and contract engagement and completion. To introduce information and communication technology in line with section 8 of the Act. The Agency will have the opportunity to monitor procurement planning by procuring entities. To begin the first phase of e-procurement.

23 COST BENEFIT ANALYSIS Currently procuring entities are spending at least SZL 50, on advertisement costs for one tender (SZL 10,000.00X 5 days) Local advertisement A further SZL 50, is spent on international advertising On DG Market, corporate spend at least US 5, per annum to advertise tenders Procuring Entities may choose a cheaper option of only advertising the SPPRA website link on the print media.

24 ADVERTISING COSTS ON SPPRA WEBSITE The Agency will charge SZL 2, SZL 5, per tender for the entire duration of the tendering period Costs includes; Tender review Website administration costs Miscellaneous costs

25 PROMOTION OF SPPRA WEBSITE Run adverts on local media with link to our website Use social media Connect to links of other regulatory agencies

26 FUTURE PROJECTS Supplier database/registration Reference price project Swaziland public procurement system baseline survey Professionalization of public procurement E-procurement

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