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WHO SHOULD SIGN PROCUREMENT CONTRACTS IN LGAs?
3 posters
Tanzania Public Procurement Forum :: PROCUREMENT PROCESSES AND MANAGEMENT :: Tendering Processes, Procedures and related Guidelines
Page 1 of 1
Re: WHO SHOULD SIGN PROCUREMENT CONTRACTS IN LGAs?
RJM Wed Jul 17, 2013 4:38 pm
Id2013
Welcome on board!
I think you have not addressed Uwezo's concern as who legally should sign the contract, between DED and Mayor/Chairman of the Council. You have indicated that if AO delegates the power of signing the contract to any person on his/her behalf is acceptable - AO remains accountable and responsible for the consequences and outcomes. This is true and no one can challenge this. However, AO cannot delegate this power to Mayor or Chairman or vice verse. Therefore, this nullify your suggestion.
I think Uwezo's confusion and concern originates from the PPA 2004 especially Section 33 (h) which empowers AO to sign all contracts of procurement activities on behalf of PEs while LGAs Regulation 2007 GNo. 177 has vested the same powers to Mayors/Chairmen of the Council. As a matter of principles, the Act is the Principal Legislation and the Regulation is the Subsidiary Legislation. According to Uwezo's concern, it implies that Subsidiary Legislation is overriding Principal Legislation. One my conclude that we are interpreting Procurement Legislation in a reverse order. It is also interesting to note that the responsibility of ensuring those contracts are implemented in accordance with the terms and conditions is vested to the AO [DED] and those contracts recognize AO [DED] as the Employer or Purchaser.
What's your take on this?
Welcome on board!
I think you have not addressed Uwezo's concern as who legally should sign the contract, between DED and Mayor/Chairman of the Council. You have indicated that if AO delegates the power of signing the contract to any person on his/her behalf is acceptable - AO remains accountable and responsible for the consequences and outcomes. This is true and no one can challenge this. However, AO cannot delegate this power to Mayor or Chairman or vice verse. Therefore, this nullify your suggestion.
I think Uwezo's confusion and concern originates from the PPA 2004 especially Section 33 (h) which empowers AO to sign all contracts of procurement activities on behalf of PEs while LGAs Regulation 2007 GNo. 177 has vested the same powers to Mayors/Chairmen of the Council. As a matter of principles, the Act is the Principal Legislation and the Regulation is the Subsidiary Legislation. According to Uwezo's concern, it implies that Subsidiary Legislation is overriding Principal Legislation. One my conclude that we are interpreting Procurement Legislation in a reverse order. It is also interesting to note that the responsibility of ensuring those contracts are implemented in accordance with the terms and conditions is vested to the AO [DED] and those contracts recognize AO [DED] as the Employer or Purchaser.
What's your take on this?
RJM- Posts : 260
Join date : 2009-07-30
Age : 73
Location : What is written without effort is in general read without pleasure
Re: WHO SHOULD SIGN PROCUREMENT CONTRACTS IN LGAs?
id2013 Wed Jul 17, 2013 2:03 pm
Uwezo,
I think the issue of signing of contracts can not be an issue at the end provided that the Accounting officer has delegated any other person to sign the contracts on behalf of him/her But the accountability and responsibility of that contract remain to the DED. I have said this because sometimes and from other PE, contracts like Purchase Order ( LPO) is signed by other staff other than Accounting Officer provided that this internal arrangement is agreed by the PE itself and the Accounting officer is aware of the matter. This is why I am saying it depends on the arrangements of the Accounting Officer like DED regarding to the referred matter. T
I think the issue of signing of contracts can not be an issue at the end provided that the Accounting officer has delegated any other person to sign the contracts on behalf of him/her But the accountability and responsibility of that contract remain to the DED. I have said this because sometimes and from other PE, contracts like Purchase Order ( LPO) is signed by other staff other than Accounting Officer provided that this internal arrangement is agreed by the PE itself and the Accounting officer is aware of the matter. This is why I am saying it depends on the arrangements of the Accounting Officer like DED regarding to the referred matter. T
id2013- Posts : 50
Join date : 2013-07-17
WHO SHOULD SIGN PROCUREMENT CONTRACTS IN LGAs?
uwezo Sat Jul 13, 2013 11:05 pm
Dear forum member,
I know clearly that Sec.33(h) of PPA,2004 gives Accounting officer (who is called DED at district level)a mandate to sign all procurement contracts on behalf of his district. But that PPA, 2004 and its Regulations have not mandated a council Chairman or City Mayor any where to sign procurement contracts. So help me, why Council chairmen or Mayors are still signing procurement contract?
I know clearly that Sec.33(h) of PPA,2004 gives Accounting officer (who is called DED at district level)a mandate to sign all procurement contracts on behalf of his district. But that PPA, 2004 and its Regulations have not mandated a council Chairman or City Mayor any where to sign procurement contracts. So help me, why Council chairmen or Mayors are still signing procurement contract?
uwezo- Posts : 15
Join date : 2012-07-24
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Tanzania Public Procurement Forum :: PROCUREMENT PROCESSES AND MANAGEMENT :: Tendering Processes, Procedures and related Guidelines
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