Topic: Public Procurement

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PSAF – Nov 2016 – L2 – Q2a – Public Procurement.

Explain the stages involved in the national competitive tendering process for public procurement.

Competitive tendering is a method of public procurement that seeks tenders from all potential suppliers or contractors to achieve value for money in public procurement. Competitive tendering is carried out in accordance with the competitive tendering procedures under the public procurement law.

Required: Explain FOUR procedures involved in carrying out national competitive tendering for the procurement of goods, services, and works. (6 marks)

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PSAF – Nov 2016 – L2 – Q4a – Public Procurement

Discuss four benefits for an MDA of following due process in public procurement.

Discuss FOUR benefits that an MDA will derive if it follows the due process in public procurement.
(4 marks)

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PSAF – May 2021 – L2 – Q4 – Public Procurement

Outline the composition of the Public Procurement Board as per the Public Procurement (Amendment) Act, 2016.

a) A Procurement Board is established under the Provision of the Public Procurement (Amendment) Act, 2016 (Act 914) with the prime objective of harmonizing the process of Public Procurement in Public Services.

Required:
Outline the Composition of the Public Procurement Board. (4 marks)

b) The Entity Committee of the Social Department intends to acquire the following items:
i) 100 Pickups for offices at the department at the cost of GH¢120,000 each.
ii) Hire a Consultant to train Staff at all its units across the country for a period of 5 weeks at a cost of GH¢6,500,000.
iii) Undertake the construction of offices at a Value of GH¢13,700,000.
iv) Procure 20 Laptops at the cost of GH¢2,400 each.

Required:
Explain the appropriate Procurement methods that should be used to award these contracts (i – iv). (6 marks)

c) Fiscal constraints experienced by countries have resulted in developing new and innovative approaches to the provision and financing of public infrastructure and services. Public-Private Partnership (PPP) framework reflects the Government’s desire to improve the quality, cost-effectiveness, and timely provision of public infrastructure and services in Ghana.

Required:
i) Distinguish between Public Partnership and Public-Private Partnership. (2.5 marks)
ii) Explain FIVE (5) reasons why you would discourage the Government from embarking on Public-Private Partnership. (7.5 marks)

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PSAF – July 2023 – L2 – Q4a – Public procurement

Explain the terms "Unserviceable" and "Surplus" and outline the methods of disposal of public stores and equipment as per the Public Procurement Amendment Act, 2016 (Act 914).

A public sector entity may not dispose of a store item, an equipment, or a plant unless such an item is certified as Obsolete, Unserviceable, or Surplus (Redundant). Disposal of store items can be effected using one of the four methods prescribed by the Public Procurement Amendment Act, 2016 (Act 914).

Required:

i) Explain the terms “Unserviceable” and “Surplus” as contextualized above. (4 marks)

ii) Explain each of the FOUR (4) methods of disposal of public stores and equipment prescribed by the Public Procurement Amendment Act, 2016 (Act 914). (6 marks)

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PSAF – Nov 2020 – L2 – Q4 – Public Procurement | International public sector accounting standards

Explain principles of public procurement and risks associated with procurement in Ghana's public sector. Discuss service concession arrangements under IPSAS 32.

a) Using public money to procure goods, works, and services to provide public services is a frequent but complicated decision of the Head of Procurement entities. It is required that such decisions should go through due process to attain value for money for the public. The Public Procurement laws are embodiments of core principles that govern the entire process. Procurement entities are therefore entreated to promote and secure these core principles in the conduct of public procurements. Non-compliance with these principles embedded in the law increases the risk associated with public procurement.

Required:

i) Explain SIX (6) general principles of public procurement that an officer in charge of procurement of goods, services, and works should consider in line with the Public Procurement Act 2016 (Amendment) Act 914. (6 marks)

ii) Discuss FOUR (4) risks associated with public procurement in the Ghanaian Public Sector. (4 marks)

b) IPSAS 32: Service Concession Arrangements: Grantor establishes the accounting and reporting requirements for the grantor in a service concession arrangement. In these kinds of arrangements, the grantor is a public sector entity. Service Concession arrangements in the public sector are characterized by binding arrangements that involve private sector participation in the development, financing, operation, and/or maintenance of assets used to provide public services. IPSAS 32’s intention is to create symmetry with IFRIC 12: Service Concession Arrangements on relevant accounting issues (that is, liabilities, revenue, and expenses) from the grantor’s point of view.

Required:
i) State and Explain TWO (2) conditions under which a grantor can recognize a Service Concession Asset. (4 marks)

ii) Explain any THREE (3) pieces of information that the grantor shall present and disclose in its Financial Statements. (6 marks)

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PSAF – May 2017 – L2 – Q2b – Public procurement

This question discusses the extent to which procurement entities can choose their procurement methods and evaluates the appropriateness of single sourcing in public procurement.

The Procurement Unit of a government department has drawn up a procurement plan for the current financial year and has submitted it to the entity tender committee. A review of the plan revealed that single sourcing method of procurement is recommended for most of the procurement packages. This raises serious concern from the Entity Tender Committee members, however, the head of procurement entity and the chairman of the entity committee hold a different view. He states that every procurement entity has the liberty to use any method of procurement it deems fit and so the decision to use single sourcing in most of the procurements of the department cannot be challenged by the Entity Tender Committee.

According to the head of procurement entity, the entity tender committee has a limited role in public procurement and therefore the committee should work within its restricted powers and responsibilities. The role of the committee is to approve the selection of suppliers or contractors.

Required:

i) To what extent do you agree with the assertion of the head of procurement that “every procurement entity has the liberty to use any method of procurement it deems fit” in light of the public procurement law. (6 marks)

ii) Explain TWO conditions under which single sourcing may not be an appropriate method of procurement. (4 marks)

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PSAF – May 2016 – L2 – Q3e – Public procurement

This question addresses the procedures established by Local Authorities to control revenue.

Revenue control describes the various checks put in place to ensure that all moneys due are received and accounted for.

Required: Explain FOUR procedures established by Local Authorities to control revenue.

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PSAF – May 2016 – L2 – Q3c – Public procurement

This question asks for the explanation of objectives behind the Public Procurement Reform Programme in Ghana.

The objective of the system of procurement and usage of public supplies and equipment in Ghana is to ensure economy, efficiency, transparency, accountability, and consistency.

Required: Explain THREE other objectives of the Public Procurement Reform Programme.

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PSAF – Nov 2023 – L2 – Q4b – Public procurement

Outlining conditions relevant to the methods for selecting a consultant based on the Public Procurement Act.

Section 72 of Public Procurement Act 2003, Act 663 as amended by section 16 of Act 914 has specified the conditions to be satisfied in choosing a method of selecting a consultant.

Required:
Outline the conditions relevant to the use of the following methods for a consultancy contract:
i) Least Cost
ii) Quality Based
iii) Qualification of Consultants

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PSAF- Nov 2023 – L2 – Q4a -Public procurement

Outline records that a Procurement Entity is required to keep in procurement proceedings.

Section 28 of the Public Procurement Act 2003, Act 663 as amended by Act 914, requires every Procurement Entity to maintain certain basic records of proceedings.
Required:
Outline FOUR (4) records that a Procurement Entity is required to keep in the course of procurement proceedings. (4 marks)

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PSAF – Nov 2021 – L2 – Q4b – Public Procurement

Explain the functions of an Entity Tender Committee as per the Public Procurement Act 2003.

Section 20(1) of the Public Procurement Act 2003 (Act 663) states that a Procurement entity shall establish in the manner set out in the First Schedule and in accordance with the categories set out in Schedule 1A, an Entity Tender Committee.

Required:
Explain THREE (3) Functions of an Entity Tender Committee.
(3 marks)

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Nov 2018 – L2 – Q2b – Public Procurement

State and explain five qualifications of tenderers under the Public Procurement Act 2003.

Section 22 of the Public Procurement Act 2003, as amended by Act 914 of 2016, requires tenderers to possess certain qualifications.

Required:
State and explain FIVE (5) qualifications of Tenderers under the Public Procurement Act 2003.

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PSAF – Nov 2021 – L2 – Q4a – Public Procurement

Determine if a district assembly can cancel a procurement process and explain the conditions under which such a cancellation is allowed.

Rabina Construction Ltd purchased Tender Document from Adagya District Assembly to tender for contracts advertised by the assembly. However, in the process of preparing to submit the tender, Adagya District Assembly cancelled the procurement process before the deadline for submission of the tender. Rabina Construction, therefore, feels disappointed since it has incurred some cost in trying to respond to the tender and intends to take legal action against the assembly. Rabina Construction is therefore seeking your opinion on whether the assembly has the right to such action.

Required:
i) Determine whether Adagya District Assembly has the right to cancel the procurement process when it is still in progress?
(1 mark)

ii) Explain FOUR (4) conditions under which such right could be exercised or otherwise.
(6 marks)

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PSAF – May 2020 – L1 – Q4a – Public Procurement

Explain the conditions under which the Public Procurement Act permits the use of established commercial practices and the approval procedure.

A newly appointed Chief Executive Officer (CEO) of a large Government Teaching Hospital has just resumed work. The Hospital is financed by 40% Internally Generated Funds and 60% subventions. At his first meeting with the Management Committee of the Hospital, the CEO briefed the Committee about his policies and strategies to improve efficiency in the Hospital’s operations. He identified the use of the Public Procurement Procedures as the major obstacle of the Hospital in achieving its objectives. He therefore suggested the use of established commercial procurement practices because a consultant advised him that it is very possible and permissible under the Public Procurement Act 2016 (Amendment) Act 914. He added that the head of an entity has the responsibility to decide whether to use public procurement rules or otherwise.

Required:
i) Explain to the Chief Executive Officer, the conditions under which the Public Procurement Act 2016 (Amendment) Act 914 permits the use of established commercial practices.
(3 marks)

ii) Describe the approval procedure involved prior to the use of established commercial practices of procurement.
(2 marks)

iii) In your opinion, would the Hospital meet the conditions for using the established commercial practices of procurement? Explain.
(2 marks)

iv) Explain THREE (3) functions of the Head of Procurement Entity under the Public Procurement Act 2016 (Amendment) Act 914.
(3 marks)

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PSAF – May 2019 – L2 – Q2c – Public Procurement

Explain circumstances that may constitute an offense under the Public Procurement Act, 2003 (Act 663).

c) Section 92 (1) of the Public Procurement Act, 2003 (Act 663) provides that any person who contravenes any provision of the Act commits an offense and where no penalty has been provided for the offense, the person is liable on summary conviction to a fine not exceeding 1000 penalty units or a term of imprisonment not exceeding five years or to both.

Required:
Explain FOUR (4) circumstances that may constitute an offense as provided by the Public Procurement Act 2003, (Act 663).
(6 marks)

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PSAF – May 2019 – L2 – Q2a – Public Procurement

Analyze internal control measures for public assets, outline payment procedures for capital expenditure, explain procurement offenses, and suggest ways to improve IGF in local governments.

a) The backward development in the public sector has been attributed to weaknesses in the Internal Control Systems in the public sector. Proper systems for the effective control over the custody and management of assets in public institutions are critical for Public Sector Accounting.

Required:
Analyze FOUR (4) key control measures required to be put in place to ensure effective management of Public Assets.
(6 marks)

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PSAF – April 2022 – L2 – Q4 – Public Procurement

Discuss reasons for tender failure, explain procurement terms, and account for elements under IPSAS 32: Service Concession - Grantor.

a) Banky Construction Ltd has tendered for several contracts that were advertised, but in each case, they failed to win these contracts. The company is now worried about their situation, as it may lead to the liquidation of the company. They have just contacted you for advice on how to reverse this unfortunate downturn.

Required:
Explain FOUR (4) challenges that are likely to be the reason why they are failing to win contracts. (4 marks)

b) Explain the following terms and practices as used in Public Procurement:
i) Tender Security
ii) Least Cost Selection
iii) Tender Evaluation Panel
iv) Board of Survey
(6 marks)

c) Discuss how each of the elements of Financial Statements listed below are recognized and measured under IPSAS 32: Service Concession – Grantor:
i) Service concession asset
ii) Liability
iii) Revenue
(10 marks)

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PSAF – May 2018 – L2 – Q5c – Public Procurement

Identify two financial risks in Public-Private Partnership (PPP) arrangements.

Public-Private Partnership (PPP) has become a major vehicle through which the government is leveraging private resources and technology in the provision of public services. However, PPP could become a vehicle for plunging public resources and taking public services out of reach of ordinary citizens. This concern has led to the creation of National PPP policy that provides a framework for effective PPP arrangements.

Required:
Identify TWO financial risks in PPP arrangements.

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PSAF – May 2018 – L2 – Q5b – Public Procurement

Explain the functions of the Public Accounts Committee and Audit Committees in ensuring value for money and accountability.

State and explain TWO functions each performed by the following institutions in ensuring value for money and accountability in the public sector of Ghana:

i) Public Accounts Committee (PAC) of Parliament
ii) Audit Committees of MDAs and MMDAs.

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PSAF – May 2018 – L2 – Q5a – Public Procurement

Explain five guiding principles for Public-Private Partnerships (PPP) in the health sector.

The Minister of Health and his Chief Director attended an international conference on health administration and discovered that most countries around the world are leveraging the private sector in the provision of health infrastructure and the management of operations of existing facilities to secure value for public money.

Upon their return, they decided to explore avenues for Public-Private Partnerships (PPPs) in the areas of construction of health facilities on build-operate and transfer options and management of regional and teaching hospitals on maintain and operate basis or rehabilitate and operate basis. The Minister is passionate about the move and wants to implement it as quickly as possible. However, the Chief Finance Director has drawn his attention to the National Public Private Partnership Policy of the country and advises that they consider it seriously. The Minister has ordered the Chief Finance Director to furnish him with the guiding principles of the PPP arrangements to ensure compliance.

The Chief Finance Director has asked you to critically examine the national PPP policy document and furnish him with key guiding principles on feasible PPP arrangements he can enter into.

Required:
Explain FIVE guiding principles that the Ministry should observe in the proposed PPP projects in the health sector.

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