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Public Procurementin The Rep. of Maldives
IntroductionTender Evaluation Section
Definition of Procurement
What is Procurement?
‘Acquisition by purchase, rental, lease, hire
purchase, license, franchise or any other
contractual means, of any types of goods,
works or services or any combination of goods,
works or services’
Public Sector Procurement
What is special about Public Procurement?
Public Sector Procurement
What is special about Public Procurement?
- Source of funds is the principal difference -
government funds are often tax revenues, donor
funds
- Therefore there is a need to be accountable to
Parliament, civil society and donors
- Uniformity of systems and procedures across
the public sector
Government Responsibilities
for Procurement
Legal Framework for Public
Procurement
Law on Public Finances – Law No. 3/2006
covers public expenditure
limited detail on procurement
may need small revision to accommodate procurement
regulations
Government Financial Regulations
Chapter 8 (and certain other clauses) on procurement to
be repealed
new chapter drafted ( chapter 10)
remaining regulations will be revised separately
What do the regulations
apply to?
All procurement by government
agencies using public moneys
Public enterprises NOT covered
Exceptions for:
defence or national security
grants/credits where donor rules apply
private financing and concessions
Objectives of Public
Procurement
Transparency and accountability
Economy, efficiency and competition =
value for money
Promote private sector participation
through fair and non-discriminatory
treatment of tenderers
Who authorises procurement?
Approvals authority can be:
Accountable officer – low value contracts
Agency Tender Committees – where authorised by Financial Controller up to specified level of authority
National Tender Board – unlimited authority
Levels of Authority
Accountable Officer: value of procurement does not exceed MRf 25,000 ( USD 1,621)
Agency Tender Committee: value of procurement does not exceed MRf 1,500,000 (USD 97,276)
National Tender Board: all other procurement
Role of Approvals Authority
Ensure procurement is compliant with the Regulations
Authorise certain stages of procurement process:
Invitation documents
Evaluation reports
Contract amendments
Also authorise use of single source/emergency procurement
National Tender Board
Previously known as Tender Evaluation Board
Run by Ministry of Finance and Treasury
Chairperson and seven members – appointed by President
At least 2 members from private sector – not permitted to tender while serving on Board
Secretary – Head of Tender Evaluation Section
To ensure that all procurement submitted for prior authorisation is in accordance with Regulations
Agency Tender Committees
May be established where procurement workload and capacity are high
Subject to government policy on centralisation/ decentralisation
Minister to authorise establishment
Not in all government agencies – levels may differ
To ensure that all procurement submitted for prior authorisation is in accordance with Regulations
Composition of Agency Tender
Committees
Chairperson and 2-6 members
Appointed by Accountable officer
Selected for range of technical skills and
knowledge
Government agencies must establish
Procurement Unit to support Tender
Committee
Head acts as Secretary
Who conducts procurement?
Lead government agencies – specialised and common use items
Government agencies themselves – up to level of authority
Tender Evaluation Section– all other items
Requisitioning agency will always:
Plan procurement
Authorise funding
Provide technical inputs/assist with evaluation
Mode of Procurement
Most of the government agencies uses SAP-Materials
Management Module (MM) to procure their goods and
services
MM has been implemented to more 70% of the
government agencies in term of the spending (budget)
Standardize Purchase order throughout the
implemented agencies
Centrally Managed by the Ministry of Finance and
Treasury
Monitoring and Observation
of the Public procurement
Public Procurement Section is not yet established
Currently there are no mechanism to monitor
public procurement in all government agencies
But through SAP- Materials Management Module
most of the agencies based in Male’, will be
monitored though this system
If the government agencies do not follow the rules
and regulations of the public procurement, they
will be reported to Anti-Corruption Commission
directly
New initiative for Modernizing the
Public Procurement in Maldives (Continued…)
The PFM Strengthening Project (2014~2019) contains
specific component for Improving the control
environment where the objective is to strengthen the
country procurement management system by:
Review and updating of the Financial Regulations
including the Procurement Chapters;
standardization and establishing procurement
benchmarks based on international good practice;
setting up of the procurement policy section;
establishment of complaints handing system;
strengthening the tender evaluation section within the
MOFT-based National Tender Board;
New initiative for Modernizing the
Public Procurement in Maldives
developing procurement manuals and standard
operating procedures for harmonizing the
procurement practices across the country;
reviewing and updating the standard bidding
documents;
establishment of institutionalized and sustainable
procurement training mechanism via the Civil Service
Commission;
Professionalize and introduction of procurement
cadre in the civil services.
Role of the Auditor general’s
office AGO reports directly to parliament and public accounts
committee
Under the public finance law, each accountable office
has to be audited every year and audit report has to be
sent to the parliament on or before 31st May of the
following year
Copy of the same report is sent to the President,
Minister of Finance and Treasury and audited entity
In the year 2013, MVR 1.4 billion worth of procurement
of goods and services has been made against the
prescribed guidelines in the public finance regulation