Frequently Asked Questions
Public awareness workshops on three new financial laws:
- the financial administration act 2003, act (654),
- internal audit agency act 2003, act (658), and
- public procurement act 2003, (act 663)
Assuming you have a small Health Service and you don’t have a big team (required members to form a tender committee) yet you take unilateral decisions on procurement. How will the committee be formed?
There is no public or government health institution without adequate personnel to form the committee. If there is no big team to form the committee, you should at least be able to form a quorum, which is five.
Before the law came into effect the Minster of Health had its tender committee, do we have to abandon the old committees?
The old committee must be abandoned and form the new committee according to the Public Procurement Act, 2003 (ACT 663)
Assuming the procurement is beyond the threshold of an Entity, does one have to move to Regional Tender Committee or to the Central Tender Committee? i.e. Is there a need for me to go through the structure?
You have to go through the structure. If the threshold is above the Entity Head, you move to the ETC, depending on the threshold you move to the MTRB then finally to the CTRB
Should World Bank (Donors) Procurement guidelines be used or GOG guidelines be used in the event of a project being funded by a World Bank (Donor)?
If a donor funds a project, the law allows the guidelines provided by the donor to be used in that procurement.
Yes. There is room for communication on the procurement document structure
What do we do with suppliers of goods that refuse to accept Tax deduction because they have already paid tax?
If the supplier has paid tax which covers the contract amount, then there is no need for any tax deduction. Where tax does not cover the contract amount there is the need for tax deduction.
No, they are not bound by the company’s code to operate under the law because this is a new law and it was not taken care of in the company’s code, but if the SOEs are using GOG funds, then they are bound to operate under the law
A supplementary budget should be presented to cover the expenses of the repairs
Yes, but you can request for the use of restricted tendering.