Challenges in public procurement: an examination of legal implications of non compliance with procurement rules in selected institutions in Morogoro
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Date
2019
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Journal ISSN
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Publisher
Mzumbe University
Abstract
This study examined the Implications on Public Procuring Entities non-compliance with
the Public Procurement Act, No.7of 2011 and regulations made there under at Sokoine
University of Agriculture and Morogoro Municipal Council in Tanzania. The motivation
behind the study was the annual reports of the Controller and Auditor General that
exposed glaring non compliance with the laws on public procurement in spite of legal
reforms recently undertaken in the sector. Primary and secondary data sources were
consulted .The study adopted stratified random sampling whereby both qualitative and
quantitative approaches were used. Qualitative approaches included questionnaires
administration and in depth interviews with 50 out of the selected 60 respondents to
gather non numerical data while quantitative approaches were employed to generate
statistical data to answer to the research questions.
Research findings overall pointed to substantial abrogation from procurement laws and
regulations. Evidently, part of the reason for such non compliance or low compliance
rates with procurement laws were found to be marginally low/poor oversight structures ,
complexity in the laws to suppliers, corruption in terms of favoritism in prequalification
procedures and lack of adequately skilled procurement personnel at Sokoine University
of Agriculture and at the Morogoro Municipal Council.
In conclusion the researcher found out that there are several legal implications of non
compliance with the procurement regulations on individual Procuring Entities, bidders
and officials, among others, these included oral and written warnings, suspensions,
interdictions and demotions of staff that breach procurement laws. Whilst, against the
specific entities the steps included blacklisting, deregistration from the company registry
and suit in a court of law to seek redress for violations of the procurement laws and
regulations .The Auditor General wields another tool which is the issuance of qualified
audit reports against public entities which can be used by prosecutors to hold individuals
to account in serious cases of misappropriation of funds allocated.
Description
A dissertation submitted in partial fulfillment of the requirement for the award of Master of Laws [LLM] of the Mzumbe University.
Keywords
Procurement, Public Procurement, Procurement Appeal Authority, Procurement Regulatory Authority, Procurement Management Unit
Citation
Chicago