NTA Level 5 • Semester 1 • PST05102

Sections of the Public Procurement Act, 2011 Regulating Procurement of Medicines and Medical Supplies

Law and Policies in Pharmacy Practice • Source Session/Topic 1

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Session 1: Sections of the Public Procurement Act, 2011 Regulating Procurement of Medicines and Medical Supplies

Total Session Time: 120 minutes

Prerequisites

None

Learning Tasks

By the end of this session students are expected to be able to:

Define the term procurement.

Mention sections of the Public Procurement Act, 2011 regulating procurement of medicines and medical supplies.

Give explanation of sections of the Public Procurement Act, 2011 regulating procurement of medicines and medical supplies.

State the functions of the Public Procurement Policy.

Resources Needed:

Flip charts, marker pens, and masking tape

Black/white board and chalk/whiteboard markers

SESSION OVERVIEW

Step

Time

Activity/

Method

Content

5 minutes

Presentation

Introduction, Learning Tasks

15 minutes

Buzzing

Presentation

Definition of the Term Procurement.

60 minutes

Presentation

Explanation of Sections of the Public Procurement Act, 2011 Regulating Procurement of Medicines and Medical Supplies.

20 minutes

Brainstorming

Presentation

Functions of the Public Procurement Policy.

10 minutes

Presentation

Key Points

10 minutes

Presentation

Evaluation

SESSION CONTENTS

STEP 1: Presentation of Session Title and Learning Tasks (5 minutes)

READ or ASK students to read the learning Tasks and clarify

ASK students if they have any questions before continuing.

STEP 2: Definition of the Term Procurement. (15 minutes)

Activity: Buzzing (5 minutes)

ASK students to pair up and buzz on the following question for 2 minutes

What is procurement?

ALLOW few pairs to respond and let other pairs to add on points not mentioned

WRITE their response on the flip chart/board

CLARIFY and SUMMARIZE by using the content below

Procurement means buying, purchasing, renting, leasing or otherwise acquiring any goods, works or services by a procuring entity and includes all functions that pertain to the obtaining of any goods, works or services, including description of requirements, selection and invitation of tenderers, preparation and award of contracts.

STEP 3: Sections of the Public Procurement Act, 2011 Regulating Procurement of Medicines and Medical supplies. (20 minutes)

Following are sections of the public procurement Act, 2011 which regulate procurement of medicines and medical supplies

Section 43 – Third party procurement

Section 51 – Qualification of tenderers

Section 57 – Language

Section 59 – Rejection of tenders

Section 63 – Application of the basic principles of procurement and disposal

Section 65 – Emergency procurement

Section 43 – Third party procurement

Where there is lack of technical capacity and, subject to the procedures laid down in the regulations, a procuring entity may engage the Agency or third party procurement services.

The accounting officer of a procuring entity shall, in deciding to invite third party procurement services-

Ensure that funds are available to pay in full and on time for those services;

Follow the procedures laid down in the regulations.

Section 51 – Qualification of tenderers

Tenderers shall, in order to participate in procurement proceedings, have to qualify by meeting appropriate criteria set out in accordance with this Act and Regulations made under it.

Local tenderers wishing to participate in any procurement proceeding shall satisfy all relevant requirements for registration with appropriate statutory bodies in Tanzania.

Foreign tenderers wishing to participate in the proceedings are exempted from the requirement of subsection (2), but where as a result of the procurement proceedings, any foreign tenderers is selected as having submitted the lowest evaluated responsive tender or the best ranked proposal, such a tenderer shall register with the appropriate professional statutory body and shall be required to submit evidence of registration as an approved supplier, contractor or consultant in Tanzania.

Section 57 – language

Pre-qualification documents and tender documents shall be written in English and tenders shall be invited in that language except as provided for in subsection (2).

Where a procuring entity has limited participation to national competitive tendering or to Tanzania nationals only, tender documents may be written in either Kiswahili language or English language and tenders may be requested for in either of the languages

Section 59 – Rejection of tenders

Tender documents and request for proposals may provide that procuring entities reject all tenders or all proposals.

The rejection of all tenders or all proposals under this section shall be justified where-

There is lack of effective competition;

Tenders or proposals are not substantially responsive to the tender documents or to the request for proposals;

The economic or technical data of the project have been altered;

Tenders or proposals involve costs substantially higher than the original budget or estimates

Exceptional circumstances render normal performance of the contract impossible;

Tenders received contain serious irregularities resulting in interference with the normal play of market forces; or

Funds voted or earmarked for the procurement have not been withheld, suspended or have otherwise not been made available.

Section 63 – Application of the basic principles of procurement and disposal

All public procurement and disposal by tender shall be conducted in accordance with the basic principles set out in this Act.

Subject to this Act all procurement and disposal shall be conducted in a manner that maximizes competition and achieve economy, efficiency, transparency and value for money.

65 – Emergency procurement

(1) Emergency procurement may be made where the accounting officer determines that it is in the public interest that goods, works or services be procured as a matter of urgency.

(2) For the purpose of subsection (1), emergency procurement shall meet one of the following criteria:

(a) compelling urgency that creates threat to life, health, welfare or safety of the public by reason of major natural disaster, epidemic, riot, war, fire or such other reasons of similar nature;

(b) situation whereby, without the urgent procurement, the continued functioning of the Government or organization would suffer irreparable loss, the preservation or protection of irreplaceable public property, or the health or safety of public will be threatened.

STEP 4: Functions of Public Procurement Policy (20 minutes)

Activity: Brainstorming (5 minutes)

Ask students to brainstorm on the following question:

What are the functions of public procurement policy?

ALLOW few students to respond

WRITE their responses on the flip chart/ board

CLARIFY and SUMMARISE by using the content below

Develop a National Procurement Policy.

Review procurement policies, regulations, circulars and other related directives with a view of updating the same.

Monitor the implementation of Public Procurement Policies.

Advice the Central Government, local governments and statutory bodies on issues related to procurement policies.

Develop and manage procurement cadre.

STEP 5: Key Points (10 minutes)

The functions of public procurement policy are to;

Develop a National Procurement Policy.

Review procurement policies, regulations, circulars and other related directives with a view of updating the same.

Monitor the implementation of Public Procurement Policies.

Advice the Central Government, local governments and statutory bodies on issues related to procurement policies.

Develop and manage procurement cadre.

STEP 6: Evaluation (10 minutes)

What does procurement mean?

Which sections of procurement Act, 2011 regulate procurement of medicines and medical supplies?

What are the functions of public procurement policy?

References

MoHSW (2003) Tanzania, Food, Drugs and Cosmetics Act, Government Printers Dar es Salaam

MoHSW (2011), Pharmacy Act, Government Printers Dar es Salaam

United Republic of Tanzania (1971), the drugs and prevention of illicit traffic in drugs act, Government Printers Dar es Salaam

United Republic of Tanzania (2011), Public Procurement Act, Dar es Salaam

MoHSW (2003), The National Health Policy, Government Printers Dar es Salaam

MoHSW (1991), The National Drug Policy, Government Printers Dar es Salaam

Embrey, M. A. (2013). MDS-3: Managing access to medicines and health technologies. Sterling, VA: Kumarian Press.

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