Latest topics
Statistics
We have 1676 registered usersThe newest registered user is esagile
Our users have posted a total of 1240 messages in 351 subjects
Who is online?
In total there is 1 user online :: 0 Registered, 0 Hidden and 1 Guest :: 1 BotNone
Most users ever online was 225 on Sun Oct 03, 2021 4:24 pm
IS THE SECRETARY OF THE TB A MEMBER OF A BOARD?-Response!
3 posters
Page 1 of 1
HPMU & SECRETARY TENDER BOARD
Dear fellow bloggers/proffessionals,
Thanking you for your contributions, to my opinion and practice the wording in 2nd schedule 2(c) is ok !, as the Secretary to TB is the head pmu and the PMU is the secretariate to the TB,and by the virture of being appointed the HPMU have to get the separate letter for the Appointment as Secretary to TB for a speciifed period.
Thanking you for your contributions, to my opinion and practice the wording in 2nd schedule 2(c) is ok !, as the Secretary to TB is the head pmu and the PMU is the secretariate to the TB,and by the virture of being appointed the HPMU have to get the separate letter for the Appointment as Secretary to TB for a speciifed period.
RMD- Posts : 5
Join date : 2009-11-04
Re: IS THE SECRETARY OF THE TB A MEMBER OF A BOARD?-Response!
GadielCM, if you refer my previous submission, I tried to inform you that as per Second Schedule of PPA, Cap 410, the Secretary of TB should be appointed by the AO/CEO as the case may be. This is implies that the HPMU is not automatic the Secretary of TB unless otherwise appointed.
It is my opinion that if the wording in the referred schedule 2(c) could have read this way “The Secretary shall be a procurement specialist, who shall be the head of the procurement management unit or department of that procuring entity” and omitting the words “and who shall be appointed by the AO/CEO as case may be” this could have implied what you are trying to accentuate. This could have meaning that whoever acting under that capacity automatically will be Secretary of the TB by virtue of its position.
Let us hear from others, whether under the current law the Secretary of TB is a member of TB? Furthermore, if the HPMU will become automatically the Secretary of TB, will he/she need to be appointed (appointment letter)?
It is my opinion that if the wording in the referred schedule 2(c) could have read this way “The Secretary shall be a procurement specialist, who shall be the head of the procurement management unit or department of that procuring entity” and omitting the words “and who shall be appointed by the AO/CEO as case may be” this could have implied what you are trying to accentuate. This could have meaning that whoever acting under that capacity automatically will be Secretary of the TB by virtue of its position.
Let us hear from others, whether under the current law the Secretary of TB is a member of TB? Furthermore, if the HPMU will become automatically the Secretary of TB, will he/she need to be appointed (appointment letter)?
RJM- Posts : 260
Join date : 2009-07-30
Age : 74
Location : What is written without effort is in general read without pleasure
IS THE SECRETARY IS A MEMBER OF TB?
RJMbishi let us consider again the appointment of TB, under para 3 (1) ''The Chairman and members of the Board shall be appointed for a period of three years and shall be eligible for re-appointment for further period of three years''. That means, the phrase under the said paragraph underpin the para 2 under composition and appoitment, i.e 2(a,-chairman, (b) Six members). So re-appointment in para 3(1) does not include the secretary and it not necessarily for Secretary to be re-appointed like others. This is for my interpretation. if could be found include the secretary to be appoineted for anonther tenure of period, it could be mention that. From this point of view, that's why i said HPMU is automatic the secretary of TB in a PE by his/her professional.
Probably, let us get more clarity from the Authority (PPRA) and other contributors for this scenario.
Probably, let us get more clarity from the Authority (PPRA) and other contributors for this scenario.
GadielCM- Posts : 69
Join date : 2009-08-21
IS THE SECRETARY OF THE TB A MEMBER OF A BOARD?
GadielCM, as a point of information, the referred Schedule stipulated that the Secretary of the Tender Board shall be appointed by the Accounting Officer/CEO. So, it is not automatic that the HPMU is the Secretary of the TB, it is until he/she is appointed like any other members.
RJM- Posts : 260
Join date : 2009-07-30
Age : 74
Location : What is written without effort is in general read without pleasure
IS THE SECRETARY OF THE TB A MEMBER OF A BOARD?-Response!
Dear member in the forum, I wanna respond for the question raised by one member in the forum. basically, the question that ''Is the secretary of the tender board a member of the board?''. The direct answer here is not a member.The obvious answer is interpreted in the same shedule which cited by the one who asked the question. In the second schedule of the Act (PPA 2004) under page 68-69, you can find the composition, appointment and procedures of tender board in which made under section 28 of the Act.
By that means the paragraph 2 of the same schedule, read as;
2.The board shall consist of;(a) Chairman,................., (b) Six members ................ and (c) The secretary shall be a procurement specialist who shall be a head of PMU.
Again, under paragraph 5-Meetings of the tender board: This paragraph state the direct responsibility in the meetings, between the chairman and the secretary. It does not state the scretary to be among of members in the meeting. That means the secretary remain as the secretary, there is no any inclusion of six members stated under par 2 (b).
Yet under paragraph 7-Minutes in the meeting; here it states who responsible to record the minutes for every meeting.Again the secretary remain as he/she is,while members descuss the procurement issues
Under above few comments, let me summary by saying this, ''the secretary said in this Act, is not a secretary in such as the secretary in the political meetings, or elsewhere. The meaning in this act is the secretary by professionalism as defined under second schedule, paragraph 2 (c), that the secretary is mandatory to be a procurement specialist, hence when it comes on decision, he or she cant vote, but is the one who provide the professional inputs in the meeting, by advising the board accordIng to what the procurement law says. Also the secretary and other people in the composition of any tender board differ by appointment. Members can be appointed for a specified tenure period, but the secretary not appointed is automatically is there by professional
However, the scretary of TB is the member by composition of 8 member as act requires, but is not a member when comes on meeting procedures, decision making and responsibilities as categorised in para 2 (a-c) in the same schedule
By that means the paragraph 2 of the same schedule, read as;
2.The board shall consist of;(a) Chairman,................., (b) Six members ................ and (c) The secretary shall be a procurement specialist who shall be a head of PMU.
Again, under paragraph 5-Meetings of the tender board: This paragraph state the direct responsibility in the meetings, between the chairman and the secretary. It does not state the scretary to be among of members in the meeting. That means the secretary remain as the secretary, there is no any inclusion of six members stated under par 2 (b).
Yet under paragraph 7-Minutes in the meeting; here it states who responsible to record the minutes for every meeting.Again the secretary remain as he/she is,while members descuss the procurement issues
Under above few comments, let me summary by saying this, ''the secretary said in this Act, is not a secretary in such as the secretary in the political meetings, or elsewhere. The meaning in this act is the secretary by professionalism as defined under second schedule, paragraph 2 (c), that the secretary is mandatory to be a procurement specialist, hence when it comes on decision, he or she cant vote, but is the one who provide the professional inputs in the meeting, by advising the board accordIng to what the procurement law says. Also the secretary and other people in the composition of any tender board differ by appointment. Members can be appointed for a specified tenure period, but the secretary not appointed is automatically is there by professional
However, the scretary of TB is the member by composition of 8 member as act requires, but is not a member when comes on meeting procedures, decision making and responsibilities as categorised in para 2 (a-c) in the same schedule
GadielCM- Posts : 69
Join date : 2009-08-21
Similar topics
» IS THE SECRETARY OF THE TB A MEMBER OF A BOARD?
» Is the Head of Procurement a voting member during Tender board meeting?
» TENDER BOARD MEETINGS
» IS IT TIME TO THINK OF DEACTIVATING TENDER BOARDS AND INTRODUCE A MECHANISM OF PROCUREMENT PROFESSIONAL OPINION?
» COMMUNICATIONS OF TENDER BOARD DECISIONS
» Is the Head of Procurement a voting member during Tender board meeting?
» TENDER BOARD MEETINGS
» IS IT TIME TO THINK OF DEACTIVATING TENDER BOARDS AND INTRODUCE A MECHANISM OF PROCUREMENT PROFESSIONAL OPINION?
» COMMUNICATIONS OF TENDER BOARD DECISIONS
Page 1 of 1
Permissions in this forum:
You cannot reply to topics in this forum
|
|
Wed Dec 18, 2019 9:13 pm by yohanaamon@yahoo.com
» Is non-submission of invalid CRB receipt voucher a major deviation?
Tue Dec 17, 2019 1:00 am by RJM
» MAKANDARASI KUWEKWA NDANI KWA KUTOKAMILISHA MIRADI NDANI YA MUDA
Tue Dec 17, 2019 12:46 am by RJM
» How Supplier can register in e-Procurement system (TANePS)
Thu Dec 12, 2019 5:48 am by pms
» Kukosekana risiti ya ununuzi wa tenda
Sat Apr 27, 2019 6:05 pm by ALLY MUNIR
» IS IT TIME TO THINK OF DEACTIVATING TENDER BOARDS AND INTRODUCE A MECHANISM OF PROCUREMENT PROFESSIONAL OPINION?
Thu Apr 11, 2019 3:40 pm by pms
» e-Procurement System is now operational
Thu Apr 11, 2019 3:14 pm by Admin
» TENDA ZINAPOKOSA WAOMBAJI
Thu Jan 10, 2019 10:42 pm by thanksme
» Attendance of District Treasurer in Council Tender Board meetings
Mon Mar 19, 2018 8:57 pm by GWK