LEGISLATION 4: Tender Opportunities and Procurement Nation Wide

 

4th LEGISLATION

   PRINCIPLE CONCEPT: Tender Opportunities and Procurement Nation Wide 
                                                ‘Accountability! For Progress and Improvement!’ 

 
OBJECTIVE & PURPOSE:

The purpose of this legislation is to ensure that tender and procurements policies are based on the principles of value, accountability, probity and transparency. Fair and nationwide opportunities for participating in the government process of nation building, through listing of government tenders and procurement details will ensure;

  • Value for money
  • Open and fair competition
  • Accountability
  • Risk management
  • Integrity and transparency

  

 

 

 

BENEFITS TO THE LEGISLATION:

The listing of all government tenders and procurement drives by various departments of government entities, whether ministries or offices, on the e-portal will ensure that everyone has access to the details of the tender in its entirety.

The exact details, requirements and TOR (terms of reference), etc. should be made available on the e-portal. This will also make the tender accessible to a wider number of bidders.

This will provide an archive of all tenders and procurements issued by the government; and enable the public and relevant accountability committees to do random checks of tenders and bidding processes, as well as those with successful tenders and otherwise.

Thus, the possibility of malpractice, embezzlement, price manipulation, etc. can be reduced by the threat of random checks of successful and failed tender bids.

Furthermore, once the archives have been established, with regular biddings on tenders and procurements, identifiable patterns will emerge in terms of companies that are successful in gaining government tenders, as well as those that continually make bids for such projects. This will enable more in-depth analysis and coverage of successful companies, and investigation into any possible ties or connections with those awarding the bids. This will serve as another method through which long established malpractices will be threatened, if not rooted out.

BENEFITS TO THE COMMON MAN:

The average citizen will be able to access information and details of all tenders and procurement requirements listed by the government agencies, departments and ministries. This will allow them to keep track of which department is doing what work for the public interest, particularly in the case of tenders, especially those of development of infrastructure, roads, bridges, etc. Individuals will thus be able to keep track of the development taking place as per the schedule and requirements of the tender. They will also be provided a comments/complaint section within this sub-section allowing them to submit their comments on the nature of development, and whether it is taking place as per schedule.

Details of successful bids and tenders will also enable the public to know the details of the on-going prices and rates, etc. as the successful bids and tenders would be made accessible for public viewing after the completion of the process. This will help them compare prices paid out by the government as against the market rates. This will further decrease the potential and possibility of malpractice within the various government departments.

DETAILS OF LEGISLATURE:

The e-portal will have a section where details and specifications of all ‘tenders’ and ‘procurements’ listed by the government will be available, along with regular updates (through a tie up with all relevant government departments, agencies and ministries) of bids made.

Once the process of the required tenders and procurement details have been finalized, and bidding process closed, followed by the announcement of the successful bidder – the details of all submitted tenders would be made accessible and available to all and sundry. This will enable anyone and everyone to review failed tenders and compare the same with the successful one, so that it can be ascertained that the successful bidder has authenticity of credentials and justification of success.

The clarity of process will require linking up of various government departments to the e-portal to ensure that all bids are listed and can be sorted as per requirements (date, value, department/ministry, bid open date, bid submission date, etc.) The process will also ensure that there are no bids that circumvent the set protocols or rules; and only those bids/tenders are considered that have been submitted with all due requirements and within the allotted time period.

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