Sections of the Public Procurement Act, 2011 Regulating Procurement of Medicines and Medical Supplies – PST05102 Law and Policies in Pharmacy Practice
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 Full source-text version: all educational wording from the extracted learning source is retained; only presenter/tutor metadata and web-layout noise are removed, while formatting is improved for readability. 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 1 5 minutes Presentation Introduction, Learning Tasks 2 15 minutes Buzzing Presentation Definition of the Term Procurement. 3 60 minutes Presentation Explanation of Sections of the Public Procurement Act, 2011 Regulating Procurement of Medicines and Medical Supplies. 4 20 minutes Brainstorming Presentation Functions of the Public Procurement Policy. 5 10 minutes Presentation Key Points 6 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