MODULE 21 ENTITY TENDER COMMITTEE MEETINGS Prepared by

MODULE 21 ENTITY TENDER COMMITTEE MEETINGS Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

MODULE OBJECTIVES q By the end of this module, participants will be able to: • Explain the functions of Entity Tender Committees within each category of procurement entities • Explain the roles of the Chairperson, Members and Secretary of the Entity Tender Committee • Recognize the standard forms for submissions to the Entity Tender Committee • Work together as a committee to discuss and decide on submissions • Observe a code of conduct in a conflict of interest situation Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

FUNCTIONS AND COMPOSITION OF ENTITY TENDER COMMITTEE (SECTION 17 OF ACT 663 AS AMENDED) q. The Entity Tender Committee’s main responsibility is to ensure that the procurement entity’s activities are conducted in compliance with Act 663 as amended and Regulations. q. This is achieved through the approval or rejection of submissions made by the Procurement Unit at key stages of the procurement process. q. The Entity Tender Committee awards contracts within its level of authority and refers those above its level of authority to the appropriate Tender Review Committee. Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

q. Section 20 A of Act 663 as amended provides the general functions of Entity Tender Committees. These are to: • Ensure that at each stage of procurement activity, procedures prescribed in this Act have been followed • Work within the threshold limits specified in the Second Schedule and the method thresholds specified in the Fifth Schedule • Exercise sound judgment in making procurement decisions • Review and refer to the central tender review committee for concurrent approval, procurement above the entity tender committee's threshold, that has been duly ü processed by the procurement unit: and üevaluated by the appropriate evaluation panel constituted by the head of entity

FUNCTIONS OF SPECIFIC ENTITY TENDER COMMITTEES (SECTION 20 B (1 TO 3) OF ACT 663 AS AMENDED) q. Entity Tender Committee of Central Management Agency, Ministry, Department and Sub-vented Agency • Review and approve annual procurement plans and quarterly updates of • • • Prepared by GIMPA Consultancy procurement plans in order to ensure that they support the objectives and operations of the entity; Confirm the range of acceptable costs of items to be procured and match these with the available funds in the approved budget of the entity; Review the schedules of procurement and specifications and ensure that the procurement procedures to be followed are in strict conformity with the provisions of this Act, the Regulations and guidelines made under this Act; Ensure that the necessary concurrent approval is obtained from the appropriate tender review committee where applicable, as specified in the Second Schedule; Facilitate contract administration and ensure compliance with reporting requirements under this Act; and Assist the head of entity to ensure that stores, vehicles and equipment are disposed of in accordance with this Act. MODULE 21 Public Procurement Authority (PPA), Ghana

FUNCTIONS OF SPECIFIC ENTITY TENDER COMMITTEES (SECTION 20 B (1 TO 3) OF ACT 663 AS AMENDED) – Cont’d q. Entity Tender Committee of a Regional Coordinating Council • Review procurement plans in order to ensure that they support the policies and programmes of the Regional Administration, Metropolitan, Municipal or District Assembly; • Confirm the range of acceptable costs of items to be procured and match these with the available funds in the approved budget of the Regional Administration, Metropolitan, Municipal Assembly or District Assembly; • Review the schedules of procurement and specifications and ensure that the procurement procedures to be followed are in strict conformity with the provisions of this Act, its Regulations and guidelines; • Ensure that the necessary concurrent approval is obtained from the appropriate tender review committee where applicable, as specified in the Third Schedule; • Facilitate contract administration and ensure compliance with reporting requirements under this Act; and • Assist the head of entity to ensure that stores, vehicles and equipment are disposed of in compliance with this Act. Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

MEETINGS OF ENTITY TENDER COMMITTEES q Section 20 D of Act 663 as amended states that the entity tender committee shall meet at least once each quarter and notice of the meetings shall be given at least two weeks before the date of the meeting. q. To further enhance the work of an entity tender committee, provision has been made under Section 20(3) of Act 663 as amended, which states that “an entity tender committee may co-opt a person to act as a technical adviser at a meeting of the entity tender committee, but a co-opted person shall not vote on a matter for decision before the entity tender committee”. Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

MEETINGS OF ENTITY TENDER COMMITTEES: ROLE OF CHAIRPERSON q. The Head of the Procurement Entity is the Chairperson of the Entity Tender Committee (Section 18 & Schedules 1 B & 1 C of Act 663 as amended). q. The specific role of the Chairperson of the Entity Tender Committee is to: • Call meetings • Chair and summarize discussions • Ensure the Secretary prepares the agenda and minutes when required • Have a casting vote where unanimous agreement is not possible Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

MEETINGS OF ENTITY TENDER COMMITTEES: ROLE OF SECRETARY q The Head of the Procurement Unit is the Secretary to the Entity Tender Committee (Section 19 (2) of Act 663 as amended). q. The specific role of the Secretary of the Entity Tender Committee is to: • Arrange meetings in consultation with the Chairperson • Prepare the agenda • Circulate documents prior to meetings • Record minutes Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

MEETINGS OF ENTITY TENDER COMMITTEES (Cont’d) q. Conflicts of Interest • Where any member has a conflict of interest in any submission made to the ETC, they must declare it. • They must then leave the meeting while that submission is considered and not participate in discussions or decisions q. Format for Submissions to the ETC • Submissions must be made on SPF 2: Submission for Entity Tender Committee Approval. This is contained in the Public Procurement Manual. Refer to Annex 1 of this Module. • Its purpose it to: ü Standardise the format of submissions ü Act as a checklist of information to be provided ü Ensure that submissions are presented with the approval of an authorised responsible officer ü Eliminate the need for individual covering letters Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

MEETINGS OF ENTITY TENDER COMMITTEES (Cont’d) q Form SPF 2 has the following 4 sections: • Section A – Request for Approval of Specifications, Procurement Method and Tender Documents. • Section B – Request for Approval of Evaluation Report and Contract Award Recommendations • Section C – Request for Approval of Contract Document and Contract Signature • Section D – Request for Contract Amendment q. Form SPF 2 should contain the following information: • Procurement reference number • Subject of procurement – a brief description • Submission information – key data relating to the submission • Documents attached – needed to support submission Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

MEETINGS AND DECISIONS OF THE ETC (SECTION 20 D OF ACT 663 AS AMENDED) q Section 20 D of Act 663 as amended states that the entity tender committee shall meet at least once each quarter and notice of the meetings shall be given at least two weeks before the date of the meeting. q. Decisions should be unanimous where possible, but if necessary by simple majority vote. q. Where a vote results in a tie, the Chairperson has a casting vote. q. The decision of the Entity Tender Committee may be to: • Approve the submission • Reject the submission • Approve the submission subject to clarification/minor amendment q. The Entity Tender Committee may not: • Modify the submission • Reject a submission without good, justifiable reasons. q. All decisions must be recorded in minutes, which must state the reasons for any rejections. q Decisions must be notified to the Procurement Unit and Tender Evaluation Panel in writing. Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

MINUTES OF THE ETC q. Minutes of ETC meetings must contain: • A register of attendance; • A list of all submissions considered; • The decisions made for each submission, including: ümajor issues discussed üreasons for rejections üclarifications or minor amendments to which the approval is subject; • Any conflicts of interest declared by members • Any dissenting opinions among Tender Committee members Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

REVIEW OF TENDER REVIEW COMMITTEE DECISIONS q Section 20 G of Act 663 as amended provides that a procurement entity or tenderer aggrieved by the decision of a tender review committee may apply to the Governing Board of PPA for review of the decision of the tender review committee. q. The PPA Board shall take appropriate action and determine the grievance in accordance with Section 80(3) or as it considers appropriate. q. A tenderer or procurement entity that is dissatisfied with a decision of the PPA Board may seek redress in court. Prepared by GIMPA Consultancy MODULE 21 Public Procurement Authority (PPA), Ghana

q. QUESTIONS & DISCUSSIONS q. MODULE 21 – EXERCISE: