የፌዴራል መንግስት የግዥ አፈጻጸም መመሪያ ቁጥር 1073/2017 ምን ይላል? скачать в хорошем качестве

የፌዴራል መንግስት የግዥ አፈጻጸም መመሪያ ቁጥር 1073/2017 ምን ይላል?

የፌዴራል መንግስት የግዥ አፈጻጸም መመሪያ ቁጥር 1073/2017 ምን ይላል? Directive No. 1073/2017 provides detailed procedures, rules, and responsibilities for public bodies involved in procurement. It ensures that public procurement in Ethiopia is conducted in a manner that maximizes value for money, promotes fair competition, and minimizes corruption. Key Features Here are the major aspects covered in the directive: 1. Procurement Planning Requires public bodies to prepare an annual procurement plan. Emphasizes early market engagement and needs assessment. Ensures alignment with budgetary allocations. 2. Procurement Methods Outlines acceptable procurement methods: Open bidding (default method) Restricted bidding Request for quotations Direct procurement Two-stage bidding Specifies conditions under which alternative methods can be used. 3. Bidding and Tendering Procedures Details procedures for advertisement, bid submission, opening, and evaluation. Introduces standardized bidding documents to reduce irregularities. Enforces strict timelines and formats for bid openings and evaluations. 4. Evaluation and Award Provides a framework for bid evaluation using either price-only or quality-and-price-based methods. Emphasizes transparency, use of evaluation criteria published in bidding documents. Requires proper documentation of the evaluation process and justifications for award decisions. 5. Contract Management Introduces guidelines for effective contract administration and performance monitoring. Covers change orders, dispute resolution, and termination procedures. Encourages performance guarantees and insurance to mitigate risk. 6 Ethics and Integrity Prohibits conflict of interest and corrupt practices. Mandates declaration of interest by procurement officials and bidders. Outlines sanctions for fraud, collusion, or misrepresentation. 7. Complaint Handling and Appeals Establishes procedures for aggrieved bidders to lodge complaints. Introduces independent complaint review bodies. Specifies time limits for filing and resolving procurement complaints. 8. Capacity Building and Monitoring Encourages continuous training of procurement staff. Assigns oversight roles to the PPPAA. Promotes use of procurement audits and performance evaluations. Title & Legal Basis Full name: Directive No. 1073/2017 – Federal Public Procurement Directive (የፌዴራል መንግሥት የግዥ አፈፃፀም መመሪያ) It is issued under the authority of the Ministry of Finance, pursuant to provisions in the Public Procurement and Property Administration Proclamation No. 649/2009 The directive is meant to operationalize procurement processes of federal government entities under the broader procurement law regime. . Key Features & Provisions 1.Definitions & General Provision The directive begins with definitions of key terms and establishes its application boundaries (which bodies, contracts, and procurement types are covered). 2. Duties and Responsibilities It assigns roles to procurement units, committees, heads of entities, and other oversight bodies in carrying out procurement tasks. Emphasis is placed on separating technical evaluation (via technical committees) versus financial/legal review, to promote fairness and specialization. 3.Procurement Modalities The directive allows for several methods: open tendering, selective tendering, limited bidding, and direct procurement. It also states that “special procurement” may be used under exceptional or emergency circumstances, with proper justification and approval. 4. Transparency and Disclosure Public bodies are required to disclose notices, bid evaluation results, awarded contracts, and relevant procurement information in a timely manner. Documentation retention and archiving obligations are also prescribed. 5. Conflict of Interest & Integrity Measures The directive prohibits persons with personal or financial ties to bidders from participating in evaluation or decision-making roles. Acceptance of gifts, favors, or inducements by procurement officials that might influence decisions is banned. 6. Supplementary / Additional Procurement from Same Supplier It provides that additional procurement (of similar goods/services) from the same supplier may be allowed under strict conditions The total additional value must not exceed the original contract. The procurement must be within the validity period or within 12 months after contract completion. Prices must not change (unless price adjustments were already permitted). 7.Exception & Ministerial Approval Power Under certain compelling circumstances, procurement bodies may bypass open bidding and use special procurement, provided approval is obtained from the relevant minister. This centralizes discretion in some cases and has been criticized for potentially undermining competitive processes.