Abstract:
This study aimed to analyze on pre-contract cases which have been filed and
concluded by the Public Procurement Appeals Authority or reported to Public
Procurement Regulatory Authority, believing that there is unfair selection practice
conducted. Public sector in Tanzania is governed by the Public Procurement Act
No.21 of 2004 and its established regulations whereby it provides framework for
carrying out procurement using public funds. The underlying principle is to obtain
competitive price through open competition process which is transparent and non discriminatory amongst bidders.
PPRA Annual Procurement Evaluation Report on the section of Procurement
compliance and Complaints reviewed and PPAA Detailed Appeals were used and
come up with total of 90 complaints appeals among them 29 are from contractors, 54
Suppliers & Other Service Providers and 7 Consultants. The cases study were chosen
due to reason that is a serial of well documented complaints whereby three
dimension views obtained such as ; Procuring Entities objections, Explanation from
contractors and the conclusion of the mediate which is the Authority ruling as the
procurement regulations enforcer.
The study finds that; selection of contractors for public works are not being followed
fairly by not abiding to PPRA Act and its regulations and it is a problem which is
exists in the Industry. Furthermore, it was found that there is validity of complaints
by exploring the existence of the tenders appealed where all the detailed grounds are
specified and 11 (37.9%) complaints and their grounds were accepted by PPAA and
the rest which is 17 (62.1%) Withheld, whereby for accepted complaints the Appeals
Authority granted appellant prays such as PE‟s have been ordered to re-evaluate the
tender, pay compensation and start the tendering procedure in order to attain value
for money for public projects, the accepted or valid complaints is not to be ignored
for developing country like Tanzania when it comes to value for money. It is
recommended that all construction stakeholders should abide into Professionalism
and implement Public procurement Act 2011 and its regulations in order to archive
integrity and transparency in the industry.
