That the system of procurement and disposal of public assets in government is significantly flawed and that this system costs taxpayers billions of shillings each year.
There can be no doubt that the deals outlined in the report resulted in loss of public revenue. Properties such as the embassy plot in Lagos were grossly undervalued.
The nation has come a long way since the 1970s and 1980s when procurement was governed simply by circulars from Treasury.
The Public Procurement and Disposal Act of 2005 was designed to promote transparency. But the system is evidently failing. Amendments should be made to this law to make it far more difficult for public officials and their private sector accomplices to cheat the taxpayer.
Recommendations such as ensuring there are strong departmental internal audit systems, that the Kenya National Audit Office is strengthened and that there should be far more public access of procurement records for all ministries should be implemented urgently.
The overwhelming suspicion is that the Foreign Affairs ministry scandal is only the tip of the iceberg. Parliament should act to avert further loss of public money to corrupt officials who in the current scandal stopped short of auctioning public property.
Simply some articles of interest and comments posted by the author of the Guam Procurement Process Primer, to add a broader context to the Guam procurement law issues discussed in the Primer. This Blog is intended for educational purposes. Nothing posted, said or implied or linked to in this blog, including any public comment, is intended to be taken as fact nor relied upon or used as legal advice. A quick guide to topics is available from the following Labels and Tags:
Labels and Tags
Accountability
(71)
Adequate documentation
(7)
ADR in procurement
(4)
Allocation of risks
(6)
Best interest of government
(11)
Best practices
(19)
Best value
(15)
Bidder prejudice
(11)
Blanket purchase agreement
(1)
Bridge contract
(2)
Bundling
(6)
Cancellation and rejection
(2)
Centralized procurement structure
(12)
Changes during bid process
(14)
Clarifications vs Discussions
(1)
Competence
(9)
Competition vs Efficiency
(29)
Competitive position
(3)
Compliance
(35)
Conflict of interest
(32)
Contract administration
(26)
Contract disputes
(4)
Contract extension or modification
(9)
Contract formation
(1)
Contract interpretation
(1)
Contract terms
(3)
Contract types
(6)
Contract vs solicitation dispute
(2)
Contractor responsibility
(20)
Conviction
(4)
Cooperative purchasing
(3)
Corrective action
(1)
Cost and pricing
(13)
Debarment
(4)
Determinations
(8)
Determining responsibility
(37)
Disclosure requirements
(7)
Discussions during solicitation
(10)
Disposal of surplus property
(3)
Effective enforcement requirement
(35)
Effective procurement management
(5)
Effective specifications
(36)
Emergency procurement
(14)
eProcurement
(5)
Equitable tolling
(2)
Evaluation of submissions
(22)
Fair and equitable treatment
(14)
Fair and reasonable value
(23)
Fiscal effect of procurement
(14)
Frivolous protest
(1)
Good governance
(12)
Governmental functions
(27)
Guam
(14)
Guam procurement law
(12)
Improper influence
(11)
Incumbency
(13)
Integrity of system
(31)
Interested party
(7)
Jurisdiction
(1)
Justification
(1)
Life-cycle cost
(1)
Limits of government contracting
(5)
Lore vs Law
(4)
market research
(7)
Materiality
(3)
Methods of source selection
(33)
Mistakes
(4)
Models of Procurement
(1)
Needs assessment
(11)
No harm no foul?
(8)
Offer & acceptance
(1)
Other procurement links
(14)
Outsourcing
(34)
Past performance
(12)
Planning policy
(34)
Politics of procurement
(52)
PPPs
(6)
Prequalification
(1)
Principle of competition
(95)
Principles of procurement
(25)
Private vs public contract
(17)
Procurement authority
(5)
Procurement controversies series
(79)
Procurement ethics
(19)
Procurement fraud
(31)
Procurement lifecycle
(9)
Procurement philosophy
(17)
Procurement procedures
(30)
Procurement reform
(63)
Procurement theory
(11)
Procurement workforce
(2)
Procurment philosophy
(6)
Professionalism
(17)
Protest - formality
(2)
Protest - timing
(12)
Protests - general
(37)
Purposes and policies of procurement
(11)
Recusal
(1)
Remedies
(17)
Requirement for new procurement
(4)
Resolution of protests
(4)
Responsiveness
(14)
Restrictive specifications
(5)
Review procedures
(13)
RFQ vs RFP
(1)
Scope of contract
(16)
Settlement
(2)
Social preference provisions
(60)
Sole source
(48)
Sovereign immunity
(3)
Staffing
(8)
Standard commercial products
(3)
Standards of review
(2)
Standing
(6)
Stays and injunctions
(6)
Structure of procurement
(1)
Substantiation
(9)
Surety
(1)
Suspension
(6)
The procurement record
(1)
The role of price
(10)
The subject matter of procurement
(23)
Trade agreements vs procurement
(1)
Training
(33)
Transparency
(63)
Uniformity
(6)
Unsolicited proposals
(3)
Monday, October 25, 2010
Procurement principles should also apply to disposals
Law Must Protect Public Property
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