Welcome to The 11th East African Procurement forum 2018

Strengthening Integrity & Accountability in Public Procurement

About EAPF

About the East African Procurement Forum

The East Africa Public Procurement Forum (EAPF) is a meeting of the public procurement regulatory bodies from the EAC member states which is held annually on a rotational basis since 2008. Approximately 300 delegates from Burundi, Kenya, Rwanda, Tanzania and Uganda gather to deliberate on public procurement agenda in the region. Participants come from the Public Sector, Private Sector, Professional Organizations, Civil Society and Training Institutions, among others. The objective of the annual forum is to enhance interaction between different actors in public procurement in the East African Community and to give stakeholders an opportunity to share their experiences and efforts towards improving and harmonizing the public procurement landscape in the region. The resolutions of the forum are focused on strengthening the efforts towards harmonization of the public procurement systems, legislations and practices within the EAC. The 11th EAPF will be hosted by Public Procurement Regulatory Authority from 28th to 30th November 2018 in Nairobi. All the discussions during the forum will revolve around the theme: Strengthening Integrity and Accountability in public procurement.

Guest Speakers

Samuel Kimeu

Executive Director, Transparency International - Kenya

Mr. Samuel Kimeu is in charge of the day to day running of the affairs of TI-Kenya and sits on its Board of Directors as an ex-officio member.

Stany Banzimana

Strategic and Business Development Manager, EAC RCE-VIHSCM

Mr. Stany BANZIMANA is a Strategic and Business Development Manager for the EAC Regional Centre of Excellence for Vaccines, Immunization and Health Supply Chain Management (EAC RCE-VIHSCM)

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DAVID TOO

Director, Legal Services at EACC

Mr. David Too is the Director, Legal Services at the Ethics and Ati-Corruption Commission and will be taking the audience through a presentation on LEVERAGING ON PARTNERSHIPS IN STRENGTHENING INTEGRITY AND ACCOUNTABILITY IN PUBLIC PROCUREMENT – THE CASE OF KENYA

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Winston Manzi

Principal Consultant, Procurement at Crown Paints

Winston has extensive experience in procurement for private, public and aid sectors. With a keen interest in procurement project implementation, his portfolio includes work with the Red Cross Society, UMEME Ltd and the Uganda Electricity Distribution Company Ltd.

Resolutions from previous forums

EAPF 2008

Resolutions:

  1. Formation of a Secretariat
  2. Individual Country Assessment
  3. Holistic Approach to Capacity Building
  4. Common Procurement Curriculum
  5. Anti-Corruption Debate
  6. Presentations by Various Sectors
  7. Record Keeping
  8. Future Studies
  9. Law to protect whistle blowers

EAPF 2009

  1. Sustainability of the forum

    2. A suggested registration fee to be introduced for the Authorities

  2. E-Procurement

    3. The need to embrace E-Procurement for an improved and more effective procurement system, create more public awareness on E-Procurement so as to get suppliers confidence; and have an E-legislation to support E-procurement.

  3. Judicial Review>

    4. The need to identify the impact of High Court decisions on Procurement cases and especially on areas of the Procurement Law requiring amendments, and to sensitize Judges on Procurement Laws so as to have decisions that are in tandem with the purpose and spirit of the Procurement Law.

  4. Capacity development in Public procurement

    5. The need to train SMEs, have a rewarding scheme for the procurement profession, harmonize training programs, set up a rating scheme or rating agency for procurement services, professionalize the procurement profession, and create more awareness in public procurement

  5. Harmonization of Public Procurement

    6. The need to harmonize the procurement systems in the region so as to have uniformity on procurement procedures and laws especially on cross-border procurement, which can be done through agreeing on basic principles (e.g. rule on non-discrimination, equal treatment etc.) , scope of membership and application, the thresholds, essential requirements for tendering procedures, and field of enforcement.

  6. Code of Conduct for procurement practitioners

    7. There is need to devolve a code of conduct for all who practice in the procurement profession incorporating the good and bad practices and having sanctions for the bad practices

  7. Role of SMEs in Public Procurement>

    8. The need to build capacity for SMEs and disadvantaged groups through training, creating an enabling environment for them to access government procurement.

  8. Public Private Partnerships (PPPs)

    9. There is need to encompass Public Private Partnership for an improved and efficient success in public procurement.

  9. Implementation of recommendations

    10. There is a crucial need to implement these key issues raised as way forward in both the 1st and the 2nd East African Public Procurement Forum as that is the main reason for having these forums.

  10. Next Forum

    11. The member countries will each appoint a member of a technical committee to plan the next forum. The Directors will continue discussions and meetings towards a possibility of a regional cooperation or network

EAPF 2010

  1. Issues of the opening session.
  2. Follow up on Implementation of the 2nd EAPF Resolutions
  3. Enforcement of Compliance with Procurement Legislation and Emphasis on Performance and Tools for Measurement of Compliance and Performance in Public Procurement: Lessons Learnt.
  4. Harmonizing Procurement Rules in the Region.
  5. Development of ICT Application in Public Procurement.
  6. Promoting Engagement of Civil Society to Monitor Procurement Process Outcome
  7. War on Corruption in Public Procurement - Recent Achievements.
  8. Innovations in Procurement Methods and Procedures.
  9. Procurement Complaints.
  10. Meeting of CEOs and Board of Directors of Procurement Oversight Bodies.

EAPF 2011

  1. The EAPPF must be held regularly and therefore shall be annual in order to avoid organization inconsistency and ensure sustainability and continuity in the Forum’s The Forum should be held around June of each year;
  2. Given the need for follow-up on the implementation of resolutions from EAPPFs, an institutional framework should be established in two stages: an Interim Secretariat rotating among the Oversight Authorities and a permanent desk within the EAC Secretariat. A detail proposal thereon will be submitted to supervising Ministries for approval. Once approved, the Interim Secretariat will start with Rwanda;
  3. Promote professionalism by establishing procurement professionals Associations commissioned to enforce rules of ethics in procurement;
  4. Regulatory Bodies should adopt measures to mitigate inconsistency and malpractices pertaining to Technical Specifications and contract management in order to enhance procurement-supply relationship;
  5. Embrace e-procurement and put in place procurement journals to efficiently meat outreach purposes towards transparency and equal opportunity by solving the issue of poor communication between Procuring Entities and Suppliers.
  6. Promote access of SMEs to public procurement opportunities;
  7. Public Entities should look into ways of integrating procurement plan with budget processes to address lack of procurement plans which result in urgent procurement procedures, delayed payments, delivery of substandard goods, services or works;
  8. The Private Sector (suppliers) and the Public Sector (procurement entities) need to work together as partners and establish long term relationship for mutual benefit and achieving value for money;
  9. Enforce current public procurement laws in EAC Member States to eradicate corrupt and fraudulent procurement practices causing losses to Governments;
  10. The Civil Society should be involved in monitoring compliance with procurement rules and contact outcomes;
  11. There should be a strong partnership of Public Sector, the Private Sector and the Civil Society aiming to fight against procurement related corruption;
  12. Promote PPP in order to achieve comprehensive efficiency in procurement;
  13. Local companies should form joint ventures for them to increase delivery capacity if they are to compete with foreign companies operating in the region;
  14. Public Procurement Oversight organizations should contribute in training the Private Sector mainly SMEs on Public Procurement Rules;
  15. Appeal mechanisms should be developed to impartially handle complaints in order to increase the confidence of suppliers in public procurement procedures and enhance competition;
  16. Public Procurement Oversight Bodies in the region need to make a step further in the regional integration process by harmonizing procurement regulations;
  17. There must be a political will if public procurement systems in the region are to be efficient. Leaders at higher levels of governance in the region need to come on board in fully enforcing Public Procurement laws;
  18. Each and every Public Procurement Oversight Body party to these resolutions shall execute the same according to a practical implementation measures the report of which should be assessed in the next EAPPF;
  19. Next EAPPF will be hosted by Burundi preferably in June

EAPF 2012

  1. Regular annual organization of the session between August and November.
  2. Establishment of EAC Permanent Secretariat a team of experts from Public Procurement Regulation Authority should be chosen to study how to create it.
  3. Organization of meeting of Managing Directors in charge of Public Procurement in three months at Kampala to study strategic measures to set up the Permanent Secretariat.
  4. Promotion of the Public Procurement status for defending their physical and professional integrity.
  5. Encouragement of professionalism of the Public Procurement Sector by setting up a post-graduate course on Public Procurement.
  6. Development of communication systems: creating e-procurement and independent magazines.
  7. Development of a system that allows the Public Procurement Authority to be funded.
  8. Independence of the Public Procurement Regulation Authority.
  9. Access to small and medium of communication.
  10. Organization of national Forums to evaluate the public actors performance in each country.
  11. Promotion of the civil society and the private sector’s participation in different Public Procurement Regulation organs.
  12. Efficiency of the code of Ethics in juridical structures related to public procurement.
  13. Creation of a regional structure composed of Public Procurement National Associations of Professionals.
  14. Appointment of Uganda to host the 6th Public Procurement Forum in November 2013 etc.

EAPF 2013

  1. All partner states need to develop a procurement policy.
  2. All partner states need to develop preferential scheme for its citizens.
  3. There is a need for a regional professional body for procurement professionals.
  4. Partner states need to enhance the capacity building initiatives for persons involved in procurement.
  5. Partner states should hasten the implementation and the development of e-procurement.
  6. Regulatory oversight of procurement activities by the civil society organizations, media and the private sector should be facilitated to complement government mandate.

EAPF 2014

  1. Member countries shall respectively develop a procurement policy and report in the next Forum.
  2. Member countries shall develop a preferential scheme for its citizens and regional preference and report in the next Forum.
  3. Member countries need to enhance capacity building for persons involved in procurement.
  4. All member countries should hasten implementation/development of e-procurement.
  5. Member countries recognize the role played by CSOs, media and individual in extra-regulatory oversight of procurement to complement oversight by the regulatory authorities.
  6. Tanzania was nominated to host the next forum

EAPF 2015

  1. Harmonization of procurement policies.

    2. EAC Secretariat should develop a regional procurement policy with input from partner states. Partner states should review their procurement processes, methods and tools in line with the regional procurement policy. Partner states should incorporate provisions for ensuring that social, economic and environmental aspects are embedded in public procurement frameworks.

  2. Harmonization of Procurement Practices.

    3. Partner states should commit to having harmonized legislations, standards and practices for the region.

  3. Harmonization of provisions for Blacklisting of Bidders in EAC.

    4. EAC Secretariat should coordinate the review of the provisions for blacklisting of bidders in the region with inputs from partner states

  4. Establishment of a Common Portal for publication of opportunities in EAC.>

    5. EAC Secretariat should develop a common electronic Portal for publication of procurement opportunities and contract awards in the region, with inputs from partner states and in line with the provisions of article 35 of the common market protocol.

  5. Automation of Procurement Processes, Methods and Tools in the region.

    6. Partner states should speed up establishment of e-procurement systems.

  6. Budgetary constraints faced by procurement oversight bodies in the partner states.

    7. Partner states should allocate sufficient budget to speed up further procurement reforms.

  7. Capacity to handle interstate projects procurement.

    8. EAC Secretariat should initiate capacity building interventions for the partner states institutions to handle interstate projects procurement.

  8. Empowerment of the private sector to fully and efficiently participate in public procurement.

    9. EAC Secretariat should, with inputs from Partner states, institute mechanisms for promoting local content and development of SMEs through public procurement

  9. Hosting of the next East African Public Procurement Forum.

    10. Rwanda shall host the ninth East African Public Procurement Forum.

EAPF 2016

  1. Consolidation of previous implementation status.

    2. ETo have a comparative and consolidated implementation status for all Partner states to be submitted two (2) months before EAPF.

  2. Reduce Dependence on foreign contractors and consultants.

    3. EAC Secretariat to carry out a baseline survey for the contribution and participation of local and regional experts/consultants in procurement of high value complex infrastructure projects. Partner states to put in place strategies for capacity building and technology transfer for high value complex infrastructure contracts.

  3. Partnership between Associations of professionals and statutory bodies.

    4. Partner states to establish collaboration and partnership between statutory bodies and Associations of professionals.

  4. Centralized versus decentralized systems for procurement of goods.>

    5. EAC secretariat to conduct a comparative study on centralized and decentralized procurement of goods as appropriate. Maintain the decentralized systems but develop guidelines to support the centralized systems where appropriate to be adopted in the next forum. Partner states to maintain flexibility, innovative ideas and inherent practices respectively.

  5. Harmonization of professional training and accreditation.

    6. Partner states to harmonize professional training and accreditation for career development through Continuous Professional Development (CPD) to be recognized internationally. Regulatory bodies in collaboration with key stakeholders to coordinate benchmarking, capacity building and research.

  6. Harmonization of administrative review mechanisms

    7. EAC Secretariat to carry out a study for harmonization of administrative review of complaints or appeals.

  7. Harmonization of the procurement regulatory frameworks.

    8. Partner states to put in place a mechanism to reduce bureaucracy in procurement functions. Partner states to put in place a mechanism to promote innovation, creativity and professionalism in achieving procurement objectives.

  8. Harmonization of EProcurement standards.

    9. EAC secretariat should carry out benchmarking to come up with common standards to guide in the development of EProcurement systems.

  9. Harmonization of Public procurement frameworks.

    10. EAC should proceed expeditiously to finalize the EAC policy and legislation to meet the East African Monetary Union protocol deadline before the end 2018.

  10. Hosting of the next East African Public Procurement Forum.

    11. Uganda shall host the tenth (10th) East African Public Procurement Forum (EAPF).

EAPF 2016

  1. The East African Community should issue report(s) on consultancies undertaken to address e-procurement, green procurement and harmonization of the procurement curriculum in the East African Region.
  2. The East African Procurement Forum recommends to the East African Community Secretariat to expedite the approval of the harmonized East African Public Procurement Policy and Legislation through its structures in accordance with the provisions of the East African Common Market Protocol and the East African Monetary Union.
  3. The EAC should facilitate research on "Collaborative Cross Border Public Procurement" intended to create an environment that encourages innovation, competitiveness and stimulate new businesses in the region.
  4. Regulatory authorities should create a plat-form/website for delegates to follow up on the status of implementation of forum resolutions.
  5. Partner states should submit reports on the implementation of previous outstanding forum resolutions by end of June 2018 that shall be tabled in the next forum.
  6. Partner states should support e-Government Procurement in their respective countries through the provision and prioritization of funding to these projects. The system should also be able to integrate with other existing e-government programs.
  7. Regulatory authorities should develop mechanism or initiatives that increase transparency and fight against corruption in public procurement.
  8. Partner states without a legal framework on procurement professionalism should expedite the process.
  9. Partner states should promote capacity building of local SMEs and special groups to participate in public procurement.
  10. The draft terms of reference for the establishment of Sub-Committees on Procurement Affairs at the EAC Secretariat be finalized and approved by the CEOs of the public procurement regulatory bodies.
  11. Next host of the EAPF is Kenya.

Partners