The Procurement Policy Unit (PPU) was established in the Ministry of Finance and Planning (MOFP) and is responsible for formulating and implementing procurement policies, regulations and procedures and ensuring compliance throughout the Government of Republic of South Sudan. It eventually will be transformed into the South Sudan Public Procurement and Disposal Authority once the public procurement bill is enacted.
The objectives of the PPU are to:
1) Regulate and monitor Procurement in South Sudan and to advise Government Institutions on issues relating to Procurement;
2) Ensure the application of fair, competitive, transparent, non-discriminatory and value for money Procurement and Disposal standards and practices;
3) Harmonise the Procurement and Disposal policies, systems and practices of Government Institutions at all levels of government in South Sudan, and
4) Ensure that Procuring Entities are staffed at appropriate levels in order to efficiently and effectively manage Procurement activities.
The functions of the PPU are to:
1) Formulate policies and standards on Procurement and Disposal and to ensure compliance by all parties to Procurement and Disposal Processes;
2) Provide advisory services to Government Institutions on Procurement and Disposal policies, principles and practices;
3) Monitor and report on the performance of the Procurement and Disposal systems in South Sudan and advise on desirable changes;
4) Adopt international training standards in Procurement and Disposal development paths in consultation with Competent Authorities;
5) Prepare, update and issue authorised versions of standardised Bidding Documents, procedural forms and any other attendant documents to Procuring Entities;
6) Ensure that any deviation from the use of the standardised Bidding Documents, procedural forms and any other attendant documents is achieved only after the prior, written approval of the Directorate;
7) Advise the Minister on the issuance of the regulations made under this Act;
8) Issue guidelines under section 82 of this Act;
9) Organise and maintain a system for the publication of data on Procurement and Disposal opportunities, Awards and any other information of public interest as may be determined by the Directorate;
10) Maintain a register of Providers of Supplies, Works, and Services;
11) Conduct periodic review and inspections of the records and proceedings of the Procuring Entities to ensure full and correct application of this Act;
12) Adopt, adapt and update common Specification standards, the use of which shall be mandatory for all Procuring Entities;
13) Determine, develop, introduce, maintain and update related system-wide data-bases and technology;
14) Develop policies and maintain an operational plan on capacity building for procurement officers in all Procuring Entities, both for institutional and human resource development;
15) Agree and advise on a list, which shall be reviewed annually, of Works, Services and Supplies in common use by more than one Procuring Entity which may be subject to common Procurement or Disposal Processes;
16) Establish and maintain institutional linkages with entities with professional and related interest in public procurement and disposal;
17) Undertake procurement and disposal research and surveys nationally and internationally;
18) Undertake any activity that may be necessary for the execution of its functions;
19) Receive and address complaints from a Bidder;
20) Administer and enforce compliance with all the provisions of the Procurement Act, and the regulations made under the Procurement Act; and
21) Coordinate the management and deployment of procurement officers in Procuring Entities, in accordance with the Public Financial Management and Accountability Act, 2011.
The Procurement Policy Unit (PPU) follows the INTERIM PUBLIC PROCUREMENT AND DISPOSAL REGULATIONS whose purpose is to lay down procedures followed by all Procuring Entities in processing public contracts and ensure that:
I. Public procurement is conducted in a transparent and efficient manner so as to achieve value for money;
II. Contracts are awarded in a structured and collective manner and not in a discretionary manner;
III. All eligible tenders are given equal opportunity to provide goods, works and services via public contracts;
IV. Public contracts are awarded in accordance with requirements of procuring entity (budget holders) and allocated budget;
V. Public procurement is monitored and action taken against public officials on the one part, and on the other part, suppliers and contractors and consultants that do not comply with these public procurement regulations;
VI. Any stakeholder, including civil society and private sector, not satisfied with the way public procurement is conducted and/or contracts are awarded and managed can appeal for redress;
VII. Public confidence in the Government is enhanced; and
VIII. Public stores and equipment are disposed of in a transparent and rational manner.
The main goal of the Public Procurement Reform is to put in place a comprehensive public procurement legislation that would, in addition to meeting the above objectives, include but not limited to public procurement policy, oversight, decentralization, institutional and organizational arrangements, mechanisms for dealing with complaints and appeals, capacity building and training and review processes. Future procurement legislation will be consistent with international standards and will provide for adequate public disclosure to enable the civil society and private sector fully participate in all aspects of public procurement.
Such legislation will increase the confidence of foreign investors and enable Donors accept use of Southern Sudan public procurement systems. These INTERIM PUBLIC PROCUREMENT AND DISPOSAL REGULATIONS are a forerunner of such future legislation.
(3). In order to enhance the principles of economy, transparency and equal opportunity to tenders, all the contracts should, to the extent possible, be awarded on the basis of competition. The preferred procurement method will be "Open Competitive Tendering" for goods and works and "Quality and Cost Based Selection" for consultancy services.
(4). All Procurement will be processed by the Procurement Unit of the Ministry of Finance & Planning. No Ministry, Department or other Government Agency shall undertake procurement unless it is designated as a Procuring Entity. The Minister of Finance will revise the list from time to time to accommodate newly approved Procuring Entities and to remove any Procuring Entity as the case may be. A Procurement Entity may delegate procurement responsibility to another Procuring Entity only with a written authority of the Minister of Finance & Planning of such delegation. Where a Procuring Entity has been delegated responsibility for procurement, it must comply with all the Rules and Regulations described herein.
(5). The Interim Public Procurement and Disposal Regulations, 2006 supersede any existing procedures on processing contracts.