HPMU & SECRETARY TENDER BOARD

[RMD]

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.

[RJM]

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)?

[GadielCM]

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.

[RJM]

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.

[GadielCM]

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

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