Audit Rpt - Fort Portal Municipal Council For FY 2012-2013
Transcription
Audit Rpt - Fort Portal Municipal Council For FY 2012-2013
PUBLIC PROCUREMENT & DISPOSAL OF ASSETS AUTHORITY PROCUREMENT AUDIT REPORT OF FORT PORTAL MUNICIPAL COUNCIL FOR THE FINANCIAL YEAR 2012/13 AUGUST 2014 Table of Contents Acronyms ................................................................................................................................................... Executive summary .................................................................................................................................... Chapter one ............................................................................................................................................. 1 1.1 Background information ................................................................................................................. 1 1.2 Auditee ............................................................................................................................................ 1 1.3 Basic Public Procurement and Disposal Principles ........................................................................ 2 1.4 Specific audit objectives ................................................................................................................. 2 1.5 Scope of Audit ................................................................................................................................ 2 1.6 Limitation of Scope ........................................................................................................................ 2 1.7 Audit Methodology......................................................................................................................... 2 1.8 Meetings and audit report issuance................................................................................................. 3 Chapter two: Institutional Frame Work…………………………………………………………….4 2.1 Key Players ..................................................................................................................................... 4 Chapter three: Summary of Findings on Management of Procurement by Stage ........................... 6 Chapter four: Summary of case by case ............................................................................................. 11 Chapter five:Audit Conclusion and Action Plan ............................................................................... 22 Appendix A: Capacity Building Activities ......................................................................................... 25 Appendix B: Risk Rating Table .......................................................................................................... 25 Appendix C: Sampled Procurements .................................................................................................. 26 Page 1 of 44 Acronyms AO CC EC FMC NoBEB PO PPDA PPMS Reg. SATC SBD TC TCS UD UGX Accounting Officer Contracts Committee Evaluation Committee Fort Portal Municipal Council Notice of the Best Evaluated Bidder. Procurement Officer Public Procurement and Disposal of Public Assets Authority Performance Measurement System Local Government (PPDA) Regulations, 2006 Senior Assistant Town Clerk Standard Bidding Document Town Clerk Technical Compliance Selection User Departments Uganda Shillings Page 2 of 44 Executive Summary The Public Procurement and Disposal of Public Assets Authority (PPDA) conducted an audit of procurement and disposal activities of Fort Portal Municipal Council in accordance with Section 7(j) of the PPDA Act, 2003. The overall objective of the audit was to assess the extent to which procurements and disposal activities were conducted in accordance with the PPDA Act, 2003 and the Local Government (PPDA) Regulations, 2006 and whether due regard is given to economy, efficiency and value for money. The audit was carried out in January 2014. This was the fourth audit to be done for the Entity. The other audits were for 2008/09, 2010/11 and 2011/12. The audit covered a sample of twelve (12) procurement activities and twenty eight (28) revenue collection tenders. For the period under review, the Entity had an expected revenue income/expenditure budget estimate of UGX. 2,856,580,000: From the findings, below is a summary and graphical illustration of the Entity’s performance for revenues alone, procurements alone and all sampled contracts: Summary of performance of the Municipal Council as per procurements conducted Risk Rating No % No Value UGX %Value High Medium Low Satisfactory Total 6 2 3 1 12 50 17 25 8 100 33,000,000 19,950,750 42,000,000 6,000,000 100,950,750 33 20 41 6 100 Graphical representation of Risk Rating Criteria Performance by Number of Contracts Page 3 of 44 Performance by value of contracts Summary of performance of the Municipal Council as per revenue centres Risk Rating No % No Value UGX %Value High Medium Low Satisfactory Total 7 6 12 3 28 25 21 43 11 100 135,150,000 23,820,000 288,232,000 12,600,000 459,802,000 Graphical representation of Risk Rating Criteria Performance by number of revenue contracts Page 4 of 44 29 5 63 3 100 Performance by value of revenue contracts Summary of performance of the Municipal Council for both procurements and revenue centres in comparison with previous audits Risk No % Value UGX %Value W Weights Weights Performance Rating No (No) (Value) of previous audit of Fy 11/12 (%val) High 13 32 168,150,000 30 0.6 19.2 18 5 Medium 8 20 43,770,750 8 0.3 6 2.4 22.5 Low 15 38 330,232,000 59 0.1 3.8 5.9 48.7 Satisfactory 4 10 18,600,000 3 0 0 0 23.8 Total 40 100 560,752,750 100 Weighted average 1.0 29 48.3 26.3 43.8 100 Combined weighted average = 48.3 + 43.8 = 92.1 = 46.1 2 The combined weighted average performance of the Entity is 46.1 which is moderately satisfactory Performance. Key on the weighted Average Risk Rating Criteria No 1. 2. 3. 4. 5. Total Weighted Average 0-9% 10-29% 30-49% 50-79% 80-100% Risk Rating Highly Satisfactory Satisfactory Moderately Satisfactory Unsatisfactory Highly Unsatisfactory The performance of the Entity has declined with an increment in the high risk cases from 4 to 13. The Underlying factors for this decline in performance includes: i. Inviting less than the minimum number of bidders as a result of a limited shortlist of prequalified firms; Page 5 of 44 ii. iii. iv. v. vi. Altering the evaluation criteria for the sake of awarding, in cases where a single bid was received, which could result in award to incompetent firms; Failure by the User Departments to submit copies of contracts to the PDU to facilitate contract monitoring; Failure by the Accounts department to avail payment records to PDU as evidence of payments done; Failure by the User Departments to appoint contract supervisor; and Failure by the User Department to avail records of remittances of revenue collected to the PDU and hence maintenance of the procurement action. It was therefore not possible to assess if the contracts for revenue collection were being managed as per the agreed contract terms. Performance by Number for all contracts reviewed Performance by Contract Value for all contracts reviewed High Risk Contracts by Method of Procurement Sample High Risk Cases Sample Procurement Method Value Number No % Open National Bidding 23 7 30.4 440,422,000 Page 6 of 44 High Risk Cases Value % 135,150,000 31 Selective Bidding Total 17 40 6 13 35.3 32 120,330,750 560,752,750 33,000,000 168,150,000 27 30 Bar graph showing the Entity’s performance in comparison with the previous audit of FY 2011/2012 Page 7 of 44 Summary of Key Audit Findings and Recommendations Area Institutional set up Exceptions noted Contracts Committee The term for the Contracts Committee expired before a new team had been nominated and approved causing a delay in the procurement process of three months. User Departments In most cases reviewed, there was no appointment of contract supervisors, contrary to Regulation 105(1) of the LG (PPDA), Regulations, 2006. Divisions were not submitting records of remittances of revenue collected by the contractors, making it difficult to assess if the Entity was receiving the revenue contracted. Management of the In accordance with Reg 62 (2) of the LG (PPDA) Regulations. 2006, the procurement plan Entity had a procurement plan for the FY 2012/2013. However, the audit observed that there were procurements in the sample for audit that were missing in the procurement plan. These were: i. Revenue collection from taxi park fees in East Division; ii. Revenue collection from washing bay fees; Implication Failure to have a new Contracts Committee will delay service delivery in the Entity since Entity will only rely on the other Entity’s Contracts Committee to perform the functions roles of Contracts Committee as enshrined in the PPDA Act. Failure to appoint contract supervisors and prepare contract implementation plans makes monitoring of procurements difficult and in most cases leads to shoddy work or poor quality of supplies and may lead to unnecessary delays. Recommendation Accounting Officer should ensure that request for approval of Contracts Committee members is sought much earlier before expiry of their term. This is to ensure that a Contracts Committee is always in place, in accordance with Regulation 14 (a) of the LG (PPDA) Regulations. 2006. User departments should appoint contract supervisors for each contract in accordance with Regulation 105 (1) of the PPDA (LG) Regulations, 2006. Assessment of service delivery is Town Councils should submit copies not possible. evidencing remittance of revenue by contractors as part of contract management records. Unplanned procurements result The Accounting Officer should ensure that in unplanned expenditures User Departments submit all their needs for leading to creation of domestic consolidation by the PDU. arrears. The HPDU should ensure that the In the case of revenues, procurement plan is adjusted in the course of unplanned revenues will result in the year o cater for any additional items poor allocation of the resources included. The adjusted plan should be received. approved by the Accounting Officer. Page 1 of 44 iii. iv. v. vi. vii. viii. ix. Revenue collection from special hire taxis; Revenue collection from special hire; Revenue collection from street parking around bazaar; Street sweeping and sanitary lane maintenance; Maintenance of river banks; Cleaning of toilets in Booma; and Renovation of east division offices. Bidding Invitation of The Entity had few suppliers listed limited number of for some items. It was therefore observed that under selective bidders bidding, less than three bidders were invited in some of the cases reviewed, thereby limiting competition. Evidence invitation Bidders Bidder Participation This limits competition hence value for money. and The Entity should use LG (PPDA) Regulation 38 (4) in developing a shortlist for use under selective bidding. Rotation of providers is also made impossible, thereby awarding to the same providers who may not provide value for money. of In addition to the above, the audit This limits transparency. of observed that there was no record evidencing invitation of bidders. It was therefore not possible to ascertain if the required minimum of three had been invited. This was contrary to Reg. 43 (3) of the PPDA (LG) Regs. 2006 which states that “all procurement and disposal shall be conducted in a manner that promotes transparency, accountability and fairness” The audit revealed that bidder There is risk of the Entity being participation in the Fort Portal MC is stuck with the same contractors Page 2 of 44 Where the pre-qualification list does not have sufficient bidders, bidders should be sought from PPDA’s register of providers, another PDE. The HPDU should ensure that the record of invitation of bidders is on file. Evidence of invitation of bidders should also be maintained on file. The Contracts Committee and Head Procurement and Disposal Unit should ensure generally low with many tenders who may not be offering quality under open and selective bidding work or value for money due to attracting one to two bidders. The limited competition. team did not observe any deliberate attempt by the Entity to try and address this issue of low bidder participation. This was also observed in the previous audit and there has been no improvement. Evaluation Process Signing of the In all the cases reviewed, the Ethical Code of Evaluation Committee members did not sign the Ethical Code of Conduct Conduct for Public Officers, contrary to Reg.27 (9) of the PPDA (LG) Regs. 2006. Failure to follow The audit observed that in some the evaluation cases, especially where there was a criteria stated in single bid received, some of the the solicitation evaluation criteria was waived at the time of evaluation in order to award document to the bidder, contrary to Sec. 71 (3) of the PPDA Act, 2003. Contracting and contract management Altering the The audit observed that the Entity recommendation of was contracting short periods of the Evaluation three to six months resulting in the Entity having to commence on Committee another procurement and contracting process to contract another bidder. Contracting and In the following cases however there were no copies of contracts on file, contact contrary to Reg. 46 (2) (j) of the management that a minimum of three bidders are invited to bid under selective bidding and micro procurement in accordance with LG (PPDA) Regulation 38 (3). Where the Entity’s list does not attract adequate providers for a given item, the Entity should seek providers from another Entity’s list. The AO should investigate the cause of low bidder participation in the Entity’s procurement processes. Evaluation committee members may not be bound to adhere to the principles of public procurement. The HPDU should ensure that members of the evaluation Committee sign the ethical code of conduct and that a record of this is maintained on the respective procurement action file, in accordance with Reg.27 (9) of the PPDA (LG) Regs. 2006. Could result in incompetent The User Department should set evaluation bidders. criteria that are appropriate, taking into consideration the nature of the items to be Waiving of criteria during procured and the service required by the evaluation may be interpreted as Entity. biased and favoring some bidders. Evaluation criteria that is to be waived should be agreed on by the Evaluation Committee at the onset of the evaluation process. Delayed service delivery. The Entity should plan and contract for a period for revenue collection by a contractor that is appropriate to ensure there is no disruption in revenue generation. Failure to use the standard The User Departments should avail copies of contract forms and have clear contracts to the PDU for maintenance on the contract terms and duration respective procurement action file as required Page 3 of 44 Contract implementation and management PPDA (LG) Regs. 2006: i. Revenue collection from Mpanga market toilet awarded to Ms. Jennifer Bonabana; ii. Revenue collection from washing bay fees from Mugunu bay awarded to Mr. Lawrence Kusemererwa; iii. Cleaning of toilets in Booma awarded to M/s Bigolo Enterprises Ltd; iv. Revenue collection from street parking bazaar awarded to M/s Kamu Enterprises Ltd. In 90% of the cases, contract supervisors were not appointed. No contract implementation plans were prepared in all cases for purposes of monitoring contractor performance. indicated in the contract, the by Reg. 46 (2) (j) of the PPDA (LG) Regs. Entity may be prone to ligation 2006 problems and contracts may not protect the Entity. Weak contract implementation and management raises the risk of fraud and corruption which leads to poor contract performance and increase in the cost of works contracts in the municipality. Page 4 of 44 Accounting officer should ensure user departments appoint contract supervisors for all contracts as per the PPDA Regulations. The contract supervisors should prepare contract management plans and these should be updated regularly with progress on implementation and reports submitted to relevant officers for monitoring contract implementation. Chapter One 1.1 Background information The audit of procurement and disposal activities of Fort Portal Municipal Council was conducted by the Public Procurement and Disposal of Public Assets Authority (PPDA) in accordance with Section 7(j) of the PPDA Act, 2003. The overall objective of the audit was to assess the extent to which procurement and disposal activities are conducted in accordance with the PPDA Act, 2003 and the Local Government (PPDA) Regulations, 2006 and whether due regard is given to economy, efficiency and value for money. The audit was carried out in February 2014. 1.2 Auditee Fort Portal Municipal Council is in Kabarole District and responsible for the management of the main town of Kabarole District. It is made up of four divisions namely: Central Division, South Division, East Division and West Division. Fort Portal Municipal Council has been audited by PPDA three times, the first audited being in FY 2008/09, the second was in FY 2010/11, the third for FY 2011/12 and the current audit was done for procurements carried out in the FY 2012/13 which is the fourth audit. 1.2.1 Structure of the entity Fort Portal Municipal Council is comprised of the following 10 departments namely:1. Management; 2. Finance; 3. Council; 4. Production & Marketing; 5. Public Health; 6. Education/Sports; 7. Works Technical Services; 8. Natural Resources; 9. Community Based Services; and 10. Divisions – Central Division, South Division, East Division and West Division. 1.3 Basic Public Procurement and Disposal Principles The basic principles of the procurement system are enshrined in Sections 44 to 47 of the PPDA Act, 2003 and the LG (PPDA) Regulation 43 and are highlighted below: i. To ensure non discrimination in public procurement; ii. To ensure all procurements and disposals are conducted in a manner that promotes transparency, accountability and fairness; iii. To ensure that all procurements and disposals are conducted in manner to achieve competition and value for money; and iv. To ensure there is confidentiality in the conduct of procurements and disposals. Page 1 of 44 1.4 Specific audit objectives Specifically, the objectives of the audit of Fort Portal Municipal Council were to:i. Review the institutional framework in the Entity; ii. Assess the level of procurement reporting, records management and planning in the Entity; iii. Assess the level of compliance in the conduct of procurement and disposal activities; and iv. Assess efficiency, economy and effectiveness of the procurement function in the Entity. 1.5 Scope of Audit The audit covered an assessment of the Entity’s procurement management practices and internal controls in place to ensure compliance with established procurement procedures as laid out in the PPDA Act, and Regulations. Specifically, the scope included an examination of the Entity’s compliance to provisions of the PPDA Act and the Local Government (PPDA) Regulations ranging from procurement planning and initiation to bidding, evaluation, awarding of contracts, contract monitoring, administration and performance. This was done through examination of 40 sampled procurement action files to measure efficiency and ascertain adherence to laid down procedures. A review of the roles undertaken by personnel directly involved in procurement and contracting activities was also undertaken. 1.6 Limitation of Scope Documentation especially contract management records for some of the revenue centres were not availed for the review. 1.7 Audit Methodology The audit was conducted in accordance with the provisions of the PPDA Act, 2003 and the Local Government (PPDA) Regulations, 2006 and the Procurement Audit Manual of the PPDA. 1.7.1 Data Collection The following data collection methods were used to gather evidence. a. Document Review The under listed documents were reviewed to obtain information relating to activities of Fort Portal Municipal Local Government; i. Financial statements and budget for FY 2012/2013; ii. Procurement plan and work plans for FY 2012/2013; iii. Specific clauses in the Constitution of the Republic of Uganda relating to signing of contracts in government; iv. Contracts Committee Minutes; and v. Procurement action files of 40 selected procurements. b. Field Inspections The team inspected 4 works projects to ascertain progress and quality of work. Page 2 of 44 1.8 Meetings and audit report issuance The Authority held an audit commencement meeting (entry meeting) on Monday 24th February, 2014 to officially launch the audit exercise. The exercise conclusion involved the conduct of an audit closer (exit meeting) on Monday 3rd March 2013. The procurements performance was rated in four categories according to the weaknesses identified, namely; high risk, medium risk, low risk and satisfactory. The definitions of the risk rating are in Appendix C. Page 3 of 44 CHAPTER TWO: 2.1 INSTITUTIONAL FRAME WORK Key Players As per the PPDA Act, the key players in the Entity’s procurement and disposal activities were the following: - Accounting Officer. who in the case of Fort Portal MC is the Town Clerk and who takes overall responsibility of the entire procurement process in the Entity; the Contracts Committee which approves bid documents, evaluation committees and reports, awards contract and ensures general compliance with the law; the user departments which are responsible for developing work plans, initiating procurements and managing contracts; and the Procurement and Disposal Unit which is the secretariat and responsible for day to day management of procurement activities. 2.1.1 Accounting Officer: For the FY under review (2012/13), the substantive Accounting Officer for Fort Portal Municipal Council was Mr. Edward Lwanga. 2.1.2 Contracts Committee For the FY 2012/13 under review the CC was fully established with five members: 2.1.3 User Department The user departments were not nominating contract supervisors nor preparing contract implementation plans. Implication Failure to appoint contract supervisors and prepare contract implementation plans makes monitoring of procurements difficult and in most cases leads to shoddy work or poor quality of supplies and may lead to unnecessary delays. 2.1.4 Procurement and Disposal Unit The PDU is headed by a Senior Procurement Officer – Ms. Kanda Christine. Table showing position and qualification of PDU staff Name Staff Qualifications Title Ms Kanda Christine SPO BBA - Purchasing and Supplies Mgt. Post Graduate Diploma in Purchasing and Supplies Mgt Ms Kobusinge PO BSP Mwajuma Mr. Byaruhanga Robert APO Dip. Purchasing & Supplies Mgt It was noted that: Page 4 of 44 Date of joining the PDU 23rd Jan 2009 23rd Jan 2009 23rd Jan 2009 The PDU is still poorly facilitated, it lacks internet, transport, filing cabinets. The PDU is currently housed in one office, though more is to be provided as the District vacates the current buildings, but this will be in long run. The PDU though fully staffed, there is need for a Records Assistant and Secretary. Implication Failure to staff PDU adequately and allow sufficient facilitation undermines the level of performance of the unit. Recommendation Accounting Officer should urgently liaise with the relevant authorities to be able to adequately staff the PDU and give it adequate facilitation. 2.2 Reporting: It is a requirement under the PPDA Act for the Accounting Officer to make quarterly reports of all procurements and disposals to the Authority. The Entity submitted to the Authority all the required quarterly reports. There were no micro procurement reports attached to reports submitted to the Authority. There were no postings on tender portal due to lack of internet availability or access by PDU. Page 5 of 44 CHAPTER THREE: SUMMARY OF FINDINGS ON MANAGEMENT OF PROCUREMENT BY STAGE 3.1 3.1.1 Institutional set up Performance of the Contracts Committee The term for the Contracts Committee expired before a new team had been nominated and approved causing a delay in the procurement process of three months. Implication Failure to have a new Contract Committee will delay service delivery in the Entity since Entity will only rely on the other Entity’s CC to perform the functions roles of CC as enshrined in the PPDA Act. Recommendation Accounting Officer should ensure that request for approval of Contracts Committee members is sought much earlier before expiry of their term. This is to ensure that a Contracts Committee is always in place, in accordance with Reg. 14 (a) of the PPDA Regs. 2006. 3.1.2 User Departments In most cases reviewed, there was no appointment of contract supervisors, contrary to Reg. 105 (1) of the PPDA (LG) Regs. 2006. Divisions were not submitting records of remittances of revenue collected by the contractors, making it difficult to assess if the Entity was receiving the revenue contracted. Implication Failure to appoint contract supervisors and prepare contract implementation plans makes monitoring of procurements difficult and in most cases leads to shoddy work or poor quality of supplies and may lead to unnecessary delays. Assessment of service delivery is not possible. Recommendations a. User departments should appoint contract supervisors for each contract in accordance with Reg. 105 (1) of the PPDA (LG) Regs. 2006. b. Town Councils should submit copies evidencing remittance of revenue by contractors as part of contract management records. 3.1.3 Management of the procurement plan In accordance with Reg 62 (2) of the PPDA Regs. 2006, the Entity had a procurement plan for the FY 2012/2013. However, the audit observed that there were procurements in the sample for audit that were in the procurement plan. These were: i. Revenue collection from taxi park fees in East Division; ii. Revenue collection from washing bay fees; iii. Revenue collection from special hire taxis; Page 6 of 44 iv. v. vi. vii. viii. ix. Revenue collection from special hire; Revenue collection from street parking around bazaar; Street sweeping and sanitary lane maintenance; Maintenance of river banks; Cleaning of toilets in Booma; and Renovation of east division offices. Implication Unplanned procurements result in unplanned expenditures leading to creation of domestic arrears. In the case of revenues, unplanned revenues will result in poor allocation of the resources received. Recommendations a. The Accounting Officer should ensure that User Departments submit all their needs for consolidation by the PDU. b. The HPDU should ensure that the procurement plan is adjusted in the course of the year o cater for any additional items included. The adjusted plan should be approved by the Accounting Officer. 3.2 3.2.1 Bidding Invitation of limited number of bidders The Entity had few suppliers listed for some items. It was therefore observed that under selective bidding, less than three bidders were invited in some of the cases reviewed, thereby limiting competition. Implication This limits competition and hence value for money. Rotation of providers is also made impossible, thereby awarding to the same providers who may not provide value for money. Recommendations a. The Entity should use LG (PPDA) Regulation 38 (4) in developing a shortlist for use under selective bidding. b. Where the pre-qualification list does not have sufficient bidders, bidders should be sought from PPDA’s register of providers, another PDE. 3.2.2 Evidence of invitation of Bidders In addition to the above, the audit observed that there was no record evidencing invitation of bidders. It was therefore not possible to ascertain if the required minimum of three had been invited. This was contrary to Reg. 43 (3) of the PPDA (LG) Regs. 2006 which states that “all procurement and disposal shall be conducted in a manner that promotes transparency, accountability and fairness”. Page 7 of 44 Implication This limits transparency. Recommendation The HPDU should ensure that the record of invitation of bidders is on file. Evidence of invitation of bidders should also be maintained on file. 3.2.3 Bidder Participation The audit revealed that bidder participation in the Fort Portal MC is generally low with many tenders under open and selective bidding attracting one to two bidders. The team did not observe any deliberate attempt by the Entity to try and address this issue of low bidder participation. This was also observed in the previous audit and there has been no improvement. Implication There is risk of the Entity being stuck with the same contractors who may not be offering quality work or value for money due to limited competition. Recommendations a. The Contracts Committee and Head Procurement and Disposal Unit should ensure that a minimum of three bidders are invited to bid under selective bidding and micro procurement in accordance with LG (PPDA) Regulation 38 (3). Where the Entity’s list does not attract adequate providers for a given item, the Entity should seek providers from another Entity’s list. b. The AO should investigate the cause of low bidder participation in the Entity’s procurement processes. 3.3 3.3.1 Evaluation Process Signing of the Ethical Code of Conduct In all the cases reviewed, the Evaluation Committee members did not sign the Ethical Code of Conduct for Public Officers, contrary to Reg.27 (9) of the PPDA (LG) Regs. 2006. Implication Evaluation committee members may not be bound to adhere to the principles of public procurement. Recommendation The HPDU should ensure that members of the evaluation Committee sign the ethical code of conduct and that a record of this is maintained on the respective procurement action file, in accordance with Reg.27 (9) of the PPDA (LG) Regs. 2006. 3.3.2 Failure to follow the evaluation criteria stated in the solicitation document The audit observed that in some cases, especially where there was a single bid received, some of the evaluation criteria was waived at the time of evaluation in order to award to the bidder, contrary to Sec. 71 (3) of the PPDA Act, 2003. Implication Could result in incompetent bidders. Page 8 of 44 Waiving of criteria during evaluation may be interpreted as biased and favoring some bidders. Recommendations a. The User Department should set evaluation criteria that are appropriate, taking into consideration the nature of the items to be procured and the service required by the Entity. b. Evaluation criteria that is to be waived should be agreed on by the Evaluation Committee at the onset of the evaluation process. 3.4 Contracting and contract management 3.4.1 Altering the recommendation of the Evaluation Committee The audit observed that the Entity was contracting short periods of three to six months resulting in the Entity having to commence on another procurement and contracting process to contract another bidder. Implication Delayed service delivery. Recommendation The Entity should plan and contract for a period for revenue collection by a contractor that is appropriate to ensure there is no disruption in revenue generation. 3.4.2 Contracting and contact management In the following cases however there were no copies of contracts on file, contrary to Reg. 46 (2) (j) of the PPDA (LG) Regs. 2006: i. Revenue collection from Mpanga market toilet awarded to Ms. Jennifer Bonabana; ii. Revenue collection from washing bay fees from Mugunu bay awarded to Mr. Lawrence Kusemererwa; iii. Cleaning of toilets in Booma awarded to M/s Bigolo Enterprises Ltd; iv. Revenue collection from street parking bazaar awarded to M/s Kamu Enterprises Ltd. Implication Failure to use the standard contract forms and have clear contract terms and duration indicated in the contract, the Entity may be prone to ligation problems and contracts may not protect the Entity. Recommendation The User Departments should avail copies of contracts to the PDU for maintenance on the respective procurement action file as required by Reg. 46 (2) (j) of the PPDA (LG) Regs. 2006. 3.4.3 Contract implementation and management In 90% of the cases, contract supervisors were not appointed. No contract implementation plans were prepared in all cases for purposes of monitoring contractor performance. Page 9 of 44 Implication Weak contract implementation and management raises the risk of fraud and corruption which leads to poor contract performance and increase in the cost of works contracts in the municipality. Recommendations a) Accounting officer should ensure user departments appoint contract supervisors for all contracts as per the PPDA Regulations. b) The contract supervisors should prepare contract management plans and these should be updated regularly with progress on implementation and reports submitted to relevant officers for monitoring contract implementation. Page 10 of 44 CHAPTER FOUR: CASE BY CASE 4.1 High Risk Cases Subject of Procurement: Revenue Collection from Mpanga Market toilet – South Division Ref. No.: Fort 753/Srvcs/12-13/00018 Method of Procurement: Open Domestic Bidding Contract Amount: UGX 3,600,000 Estimated Amount: UGX8,400,000 (12 months) Provider: Ms. Bonabana Jennifer Contract Date: 1st July 2014 Subject of Procurement: Revenue HR2 Collection of washing bay fees from Mugunu bay – West Division Ref. No.:Fort 753/Srvcs/12-13/00058 Method of Procurement: Open Bidding Contract Amount: UGX. 6,000,000 (6 months) Estimated Amount:UGX4,200,000 (6 months) Provider: Mr. Kusemererwa Lawrence Contract Date: NI Subject of Procurement: Maintenance HR3 of Earth and murum road in Kijanju South Division Ref. No.: Fort 753/srvcs/12-13/00030 Method of Procurement: Selective Bidding Contract Amount: UGX 4,800,000 Estimated Amount: UGX 4,800,000( VAT inclusive) Provider: Mr. Mwangushya John Contract Date: 13th Jan 2013 H1 There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. No evidence of remittances to FMC by tenderer on a monthly basis. The copy of the contract was not on file, contrary to Reg. 46 (2) (j) of the PPDA (LG) Regs. 2006. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. There was no copy of contract implementation plan on file. There was no evidence on file of remittances made. There were no contract management records on file. Captions above shows the road layered Page 11 of 44 HR4 HR5 HR6 HR7 with earth and murrum Subject of Procurement: Maintenance of Mpanga river banks Ref. No.: Fort 753/srvcs/12-13/00035 Method of Procurement: Selective bidding Contract Amount: UGX. 6,000,000 Estimated Amount: UGX. 6,600,000 Provider: Ms. Tibananuka Susan Contract Date: 2nd January 2013 Subject of Procurement: Collection of local Hotel tax from west division hotels and lodges Ref. No.: Fort753/srvcs/12-12/00028 Method of Procurement: Open bidding Contract Amount: UGX.3,000,000 for 6months Estimated Amount: UGX. 7,200,000 for 12 months Provider: Mr. Sabiiti Joseph Contract Date: 1st July 2012 Subject of Procurement: Revenue collection from roasted meat and chapattis in East division Ref. No.: Fort753/srvcs/12-13/00069 Method of Procurement: Open bidding Contract Amount: 150,000 (3months) Estimated Amount: 75,000/= per month Provider: Agaba Edson Contract Date: 1st April 2013 Subject of Procurement: Beautification of green islands, roundabouts and stretches in town Ref. No.: FORT 753/svcs/12-13/00044 Method of Procurement: Selective Bidding Contract Amount: UGX. 8,400,000 (12 Months) Estimated Amount: UGX. 8,400,000 (12 Months) Provider: Mr. Tuesday Emmanuel Contract Date: 5/01/13 There was no documentation on file indicating that remittances were made. There was no record of revenue collected by the contractor. No receipts showing revenue remittance on file. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. There were no records of remittances by the contractor. Page 12 of 44 Picture above show swept roads and pavements HR8 Pictures above showing well maintained compound, pavements. Subject of Procurement: Cleaning of toilets in Booma Ref. No.: Fort 753/svcs/12-13/00045 Method of Procurement: Selective Bidding Contract Amount: UGX. 6,000,000 Estimated Amount: UGX. 1,800,000 Provider: M/s Bigolo Enterprises Ltd Contract Date: NI Picture above show a well maintained compound in Fort Portal main street HR9 Subject of Procurement: Maintenance of earth and murrum roads Kasusu ward, South Division Ref. No.: Fort 753/svcs/12-13/00031 Method of Procurement: Selective There was no competition exercised as only two bidders were invited to submit bids. There was no NOBEB on file. There was no contract on file, contrary to Reg. 46 (2) (j) of the PPDA (LG) Regs. 2006. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. There were no records of the service rendered. There was no record of payment on file. No record of EC signing the Code of ethical conduct for public officers. There was no appointment of a contract supervisor. There were no certificates of completion. Page 13 of 44 HR10 HR11 HR12 Bidding Contract Amount: UGX. 4,800,000 Estimated Amount: UGX. 4,800,000 Provider: Ms. Grace Mable Kayonjo Contract Date: 3rd Jan 2013 Subject of Procurement: Maintenance of open space in Kiteere compositing plant Ref. No.: Fort 753/svcs/12-13/00034 Method of Procurement: Selective Bidding Contract Amount: UGX. 3,000,000 Estimated Amount: UGX. 6,000,000 Provider: Mr. Andrew Kanamugire Contract Date: 9th Jan 2013 There was no record of payment on file. The EC however noted that the bidder had not submitted one item of bank statement, but the EC opted to proceed to award. There was no appointment of a contract supervisor. There were no records of remittances of revenue collected on file. Captions above showing maintenance at Kiteere compositing plant and also trees planted as part of maintenance Subject of Procurement: Revenue There was no appointment of a contract Collection from loading and offloading supervisor, contrary to Reg. 105 of the fees from carrying merchandise in East PPDA (LG) Regs. 2006. Division There were no remittances by the Ref. No.: Fort 753/svcs/12-13//00057 contractor. Method of Procurement: Open Domestic Bidding Contract Amount: UGX. 900,000 Estimated Amount: UGX. 1,800,000 (6 months) Provider: M/s Kagoma Friends Enterprises Ltd Contract Date: 1st April 2013 Subject of Procurement: Revenue There was no appointment of a contract Collection from Local Hotel Tax (LHT) supervisor, contrary to Reg. 105 of the PPDA in South Division (LG) Regs. 2006. Ref. No.:Fort 753/svcs/12-13/00059 Method of Procurement: Open There were no records of remittances made by Domestic Bidding the contractor. Contract Amount: UGX. 10,500,000 Page 14 of 44 HR13 (3mths) Estimated Amount: UGX. 21,000,000 (6mths) Provider: M/s Cash & Talk Fort Portal Transporters Ltd Contract Date: 1st April 2013 Subject of Procurement: Revenue collection from taxi operators within Nyakaseke Taxi Park Ref. No.:Fort 753/svcs/12-13/00048 Method of Procurement: Open Domestic Bidding Contract Amount: UGX. 111,000,000 Estimated Amount: UGX. 18,000,000 pm Provider: M/s Bakaramagi& Co. Ltd Contract Date: 1st April 2013 There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. There were no records of remittances by the contractor. Medium Risk cases Subject of Procurement: Revenue MR1 Collection of washing bay fees from Mugunu bay – West Division Ref. No.: Fort 753/Srvcs/12-13/00021 Method of Procurement: Open Bidding Contract Amount: UGX 4,200,000 (6 MONTHS) Estimated Amount: UGX12,000,000 (12 MONTHS) Provider: Ms. Bonabana Jennifer Contract Date: 1st July 2012 Subject of Procurement: Maintenance of MR2 cemetery and mortuary in Bukwahi in East Division Ref. No.: Fort 753/svcs/12-13/00039 Method of Procurement: Selective Bidding Contract Amount: UGX. 2,400,000 Estimated Amount: UGX. 2,400,000 Provider: Mr. David Ndikumwami Contract Date: 11/02/13 Subject of Procurement: Revenue MR3 collection from Kacwamba market in South Division Ref. No.:Fort753/svcs/12-13/00002 Method of Procurement: Open Domestic Bidding Contract Amount: UGX. 2,868,000 Estimated Amount: There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. Copy of contract implementation plan was not on file. Payments were not complete. UGX. 2,720,000 was raised out of UGX. 4,200,000. There was no competition exercised, as only one bidder was invited. There was no evidence of how many bidders were invited or if only one bidder was invited. There were no records of certifications of completion to evidence work done. There was no record of payment made to the contractor. The audit observed that Mr. Badru Muhenda was non-compliant with presenting any new relevant innovation to handling of the tasks and customer service. M/s Data Justo Tagswell did not submit experience in similar works and this was waived. There was no appointment of a contract Page 15 of 44 Provider: M/s Data JutoTagswell Contract Date: 1st July 2012 MR4 supervisor. There were no records of remittances by the contractor. Payment records were not complete. Subject of Procurement: Renovation of East Division Social Hall Ref. No.:Fort 753/wrks/12-13/00001 Method of Procurement: Selective Bidding Contract Amount: UGX. 17,550,750 Estimated Amount: UGX. 17,134,950 Provider:M/s Nyamubaje Contractors Ltd Contract Date: 26th June 2013 Renovations works almost complete. Painting had commenced MR5 MR6 There were some cracks on the floor. These need to be rectified before the end of the defects liability period Subject of Procurement: Revenue There was no appointment of a contract Collection from special hire supervisor, contrary to Reg. 105 of the Ref. No.:Fort 753/svcs/12-13/00050 PPDA (LG) Regs. 2006. Method of Procurement: Open There were no records of remittances by Domestic Bidding the contractor. Contract Amount: UGX. 1,500,000 Estimated Amount:UGX. 1,500,000 Provider:M/s Kamu Enterprises Ltd Contract Date: 1st April 2013 Subject of Procurement: Revenue There was no appointment of a contract collection from Kacwamba market supervisor, contrary to Reg. 105 of the Page 16 of 44 MR7 MR8 Ref. No.:Fort 753/svcs/12-13/00068 Method of Procurement: Open Domestic Bidding Contract Amount: UGX. 1,440,000 Estimated Amount: UGX. 2,700,000 Provider: Ms. BadruMuhenda Contract Date: 1st April 2013 Subject of Procurement: Revenue collection from charcoal dues from Kabundaire market Ref. No.:Fort 753/svcs/12-13/00025 Method of Procurement: Open Domestic Bidding Contract Amount: UGX. 1,800,000 Estimated Amount: UGX. 2,400,000 Provider: Mr. Vincent Muyamba Contract Date: 1st July 2012 Subject of Procurement: Revenue Collection from street parking Bazaar Ref. No.: Fort 753/svcs/12-13/00051 Method of Procurement: Open Domestic Bidding Contract Amount: UGX. 12,012,000 Estimated Amount: UGX. 12,000,000 Provider: M/s Kamu Enterprises Ltd Contract Date: NI PPDA (LG) Regs. 2006. There were no records of remittance of revenue by the contractor to the Entity. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. There were no records of remittances of revenue collected by the contractor. There was no contract on file, contrary to Reg. 46 (2) (j) of the PPDA (LG) Regs. 2006. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. Low Risk cases Subject of Procurement: Garbage LR1 Collection and Disposal in South Division Ref. No.: Fort 753/Srvcs/12-13/00042 Method of Procurement: Selective Bidding Contract Amount: UGX. 18,000,000 Estimated Amount: UGX18,000,000 (12 months) Provider: Mr. Tuesday Emmanuel Contract Date: 5th January 2013 Subject of Procurement: Revenue LR2 Collection from Kahinju bus park toilet – South Division Ref. No.: Fort 753/Srvcs/12-13/00031 Method of Procurement: Selective Bidding Contract Amount: UGX 4,680,000 Estimated Amount: UGX1,800,000 Submission of approval of method to the Contracts Committee was not on file. The sole bidder did not submit a certificate of registration, income tax clearance certificate for FY 10-11, no declaration of nationality of bidder, no bank statement for Feb 2012, no memorandum & articles of association, no power of attorney. There was no copy of the contract implementation plan on file. The BEB did not submit a certificate of registration, no income tax clearance certificate FY 10-11, declaration of nationality of bidder, bank statement for Feb 2012, no memorandum & articles of association and no power of attorney. These were to be submitted before contract signing, however, there was no record of Page 17 of 44 (12 MONTHS) Provider: Ms Bonabana Jennifer Contract Date: 1st July 2012 LR3 LR4 LR5 LR6 Subject of Procurement: Revenue Collection of Local Hotel tax in East Division Ref. No.: Fort 753/Srvcs/12-13/00014 Method of Procurement: Open Bidding Contract Amount: UGX 4,200,000 (6 MONTHS) Estimated Amount: UGX12,000,000 (12 MONTHS) Provider: Ms Bujwera Ruth Contract Date: 1st July 2012 Subject of Procurement: Revenue Collection of Street Parking Fees in South Division Ref. No.: Fort 753/Srvcs/12-13/00005 Method of Procurement: Open Bidding Contract Amount: UGX. 12,012,000 (6 months) Estimated Amount: UGX24,000,000 (12 MONTHS) Provider: M/s Kamu Enterprises (U) Ltd Contract Date: 1st July 2012 Subject of Procurement: Revenue Collection from Local Hotel Tax South Division Ref. No.: Fort 753/Srvcs/12-13/00007 Method of Procurement: Open Bidding Contract Amount: UGX. 21,390,000(6 MONTHS) Estimated Amount: UGX42,000,000 (12 MONTHS) Provider: Mr. Rugumayo Robert Contract Date: 1st July 2012 Subject of Procurement: Street sweeping and sanitary lane maintenance Ref. No.: Fort753/srvcs/12-13/00043 Method of Procurement: Selective Bidding Contract Amount: UGX. 18,000,000 Estimated Amount: UGX. 18,000,000 Provider: Mr. Tuesday Emmanuel this. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. No copy of contract implementation plan on file There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. Contract implementation plan was not on file. The letter of acceptance of offer by the bidder, M/s Kamu Enterprises (u) Ltd was not on file. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. There was no contract implementation plan on file. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. Page 18 of 44 LR7 LR8 LR9 LR10 LR11 Contract Date: 6th February 2013 Subject of Procurement: Revenue collection of Mpanga market dues Ref. No.: Fort753/srvcs/12-13/00016 Method of Procurement: Open bidding Contract Amount: UGX. 2,100,000 Estimated Amount: 600,000/=per month Provider: Mr. Sabiiti Joseph Contract Date: 1st July 2012 Subject of Procurement: Maintenance and loading of solid waste on collection sites(East Division) Ref. No.:Fort753/srvcs/12-13/00088 Method of Procurement: Selective Bidding Contract Amount: UGX. 6,000,000 Estimated Amount: UGX. 6,000,000 Provider: Ms. Kyomuhendo Clovis Contract Date: 1st February 2013 Subject of Procurement: Revenue collection Nyakaseke toilet Ref. No.: Fort 753/srvs/12-13/00076 Method of Procurement: Open Bidding Contract Amount: UGX. 1,500,000 Estimated Amount: UGX. 3,000,000 Provider:Tuesday Emmanuel Contract Date: 1st April 2013 Subject of Procurement: Revenue Collection from slaughter house fees in South Division Ref. No.:FORT753/svcs/12-13/00004 Method of Procurement: Open Domestic Bidding Contract Amount: UGX. 7,200,000 Estimated Amount: UGX. 144,000,000 Provider: Mr. Robert Aliganyira Contract Date: 1st July 2012 Subject of Procurement: Revenue collection from taxi park fees in East Division Ref. No.: FORT 753/svcs/12-13/00011 Method of Procurement: Open Domestic Bidding Contract Amount: UGX.110,000,000 Estimated Amount: UGX. 222,000,000 Provider: M/s Fort Portal Transporters Co. Ltd There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. The PP form 1 was not signed by the Finance Officer to approve the procurement. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. There were no records of revenue remitted on file. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. Remittances for two months were not on file. The Evaluation Committee did not sign the ethical code of conduct. There was no record of remittances for two remaining months made after Fort Portal Transporters Co. Ltd’s contract was terminated. Page 19 of 44 LR12 LR13 LR14 L15 Contract Date: 1st July 2012 Subject of Procurement: Revenue collection from slaughter slab in East Division Ref. No.:Fort 753/svcs/12-13/00013 Method of Procurement:Open Domestic Bidding Contract Amount: UGX. 8,000,000 Estimated Amount: UGX. 14,400,000 Provider: Mr. Robert Aliganyira Contract Date: 1st Aug 2012 Subject of Procurement: Revenue collection from loading & off loading fees in South Division Ref. No.: Fort 753/svcs/12-13/00006 Method of Procurement: Open Domestic Bidding Contract Amount: UGX. 13,800,000 Estimated Amount: UGX. 13,800,000 Provider: M/s Kagoma Friends Enterprises Ltd Contract Date: 1st July 2012 Subject of Procurement: Revenue Collection from Mpanga Taxi Park Fees in East Division Ref. No.:Fort 753/svcs/12-13/00049 Method of Procurement: Open Domestic Bidding Contract Amount: UGX. 84,750,000 Estimated Amount: UGX. 102,000,000 (17,000,000pm) Provider: M/s Cash & Talk Fort Portal Transporters Ltd Contract Date: 1st July 2012 Subject of Procurement: Revenue Collection from slaughter house fee from Kabundaire Ref. No.:Fort753/svcs/12-13/00024 Method of Procurement: Open Domestic Bidding Contract Amount: UGX. 18,600,000 (6 mths) Estimated Amount: UGX. 31,200,000 Provider: Mr. Robert Aliganyira Contract Date: 1st July 2012 Satisfactory Cases Subject of Procurement: Garbage S1 There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006. There was no record the notice of the best evaluated bidder notice (NOBEB) on file, contrary to Reg. 46 (2) (h). There was no appointment of a contract supervisor, contrary to Reg. 105 of the PPDA (LG) Regs. 2006.. No exceptions noted. Page 20 of 44 S2 S3 S4 Collection in West Division Ref. No.:Fort 753/srvcs/12-13/00079 Method of Procurement: Selective bidding Contract Amount: UGX 6,000,000 Estimated Amount: UGX 504,000 per month for 12 months Provider: Mr. Trader Suleiman Contract Date: 1st January 2013 Subject of Procurement: Revenue No exceptions noted. collection from Nyakaseke Market Ref. No.: Fort 753/srvcs/12-13/00011 Method of Procurement: Open Domestic bidding Contract Amount: UGX 3,000,000( 500,000 every month for six months) Estimated Amount: UGX 6,000,000( 500,000 every month) Provider: Ms. Bonabana Jennifer Contract Date: 1st July 2012 Subject of Procurement: Revenue No exceptions noted. collection from sticker fees from Mugunu Lorrry Park Ref. No.: Fort 753/srvcs/12-13/00026 Method of Procurement: Open Bidding Contract Amount: UGX. 6,600,000 Estimated Amount: UGX. 18,000,000 Provider: M/S Fort Portal Lorry Drivers Association Contract Date: 27th July 2012 Subject of Procurement: Revenue No exceptions noted. collection from special hire taxis Ref. No.: FORT 753/svcs/12-13/00033 Method of Procurement: Selective Bidding Contract Amount: UGX. 3,000,000 Estimated Amount: UGX. 6,000,000 Provider: M/s Kamu Enterprises (U) Ltd Contract Date: 1/07/12 Page 21 of 44 Chapter five: Audit Conclusion and Action Plan 5.1 Audit Conclusion The performance of the Entity is rated moderately satisfactory with a combined weighted average of 46.1. The performance of the Entity has declined with an increment in the high risk cases from 4 to 13. The Underlying factors for this decline in performance includes: i. Inviting less than the minimum number of bidders as a result of a limited shortlist of pre-qualified firms; ii. Altering the evaluation criteria for the sake of awarding, in cases where a single bid was received, which could result in award to incompetent firms; iii. Failure by the User Departments to submit copies of contracts to the PDU to facilitate contract monitoring; iv. Failure by the Accounts department to avail payment records to PDU as evidence of payments done; v. Failure by the User Departments to appoint contract supervisor; and vi. Failure by the User Department to avail records of remittances of revenue collected to the PDU and hence maintenance of the procurement action. It was therefore not possible to assess if the contracts for revenue collection were being managed as per the agreed contract terms. 5.2 Action Plan Area Institutional set up Recommendation Responsible Officer Accounting Officer should ensure that request for approval of Accounting Officer Contracts Committee members is sought much earlier before expiry of their term. This is to ensure that a Contracts Committee is always in place, in accordance with Reg. 14 (a) of the PPDA Regs. 2006. User departments should appoint contract supervisors for each User Departments contract in accordance with Reg. 105 (1) of the PPDA (LG) Regs. 2006. Town Councils should submit copies evidencing remittance of revenue by contractors as part of contract management records. Management of the User Departments should submit all their needs for consolidation by User Departments the PDU. procurement plan The HPDU should ensure that the procurement plan is adjusted in the Head, PDU Page 22 of 44 Timeframe September 2014 September 2014 September 2014 September 2014 course of the year o cater for any additional items included. The adjusted plan should be approved by the Accounting Officer. Invitation of limited The Entity should use LG (PPDA) Regulation 38 (4) in developing a Head, PDU shortlist for use under selective bidding. number of bidders Where the pre-qualification list does not have sufficient bidders, bidders should be sought from PPDA’s register of providers, another PDE. Evidence of invitation The record of invitation of bidders should be maintained on file. Head, PDU Evidence of invitation of bidders should also be maintained on file. of Bidders A minimum of three bidders should be invited to bid under selective Head, PDU Bidder Participation bidding and micro procurement in accordance with LG (PPDA) Regulation 38 (3). Where the Entity’s list does not attract adequate providers for a given item, the Entity should seek providers from another Entity’s list. Signing of the Ethical Code of Conduct Failure to follow the evaluation criteria stated in the solicitation document The AO should investigate the cause of low bidder participation in the Entity’s procurement processes. Accounting Officer The HPDU should ensure that members of the evaluation Committee Head, PDU sign the ethical code of conduct and that a record of this is maintained on the respective procurement action file, in accordance with Reg.27 (9) of the PPDA (LG) Regs. 2006. The User Department should set evaluation criteria that are User Department appropriate, taking into consideration the nature of the items to be procured and the service required by the Entity. Evaluation criteria that is to be waived should be agreed on by the Evaluation Committee at the onset of the evaluation process. Evaluation Committee Altering the The Entity should plan and contract for a period for revenue Accounting Officer recommendation of collection by a contractor that is appropriate to ensure there is no the Evaluation disruption in revenue generation. Committee Contracting and The User Departments should avail copies of contracts to the PDU User Department for maintenance on the respective procurement action file as required contact management by Reg. 46 (2) (j) of the PPDA (LG) Regs. 2006 Page 23 of 44 September 2014 September 2014 September 2014 September 2014 September 2014 September 2014 September 2014 Contract implementation management and Accounting officer should ensure user departments appoint Accounting Officer, September 2014 contract supervisors for all contracts as per the PPDA User Departments Regulations. The contract supervisors should prepare contract management plans and these should be updated regularly with progress on implementation and reports submitted to relevant officers for monitoring contract implementation. Page 24 of 44 Appendix A: Capacity Building Activities No. Date Course 1 21/6/2012 Highlights on the PPDA Amendments Act 2011 Common findings in Procurement Audit and Investigations Experience in Managing a PDU Value addition in the procurement and Disposal Process Career resilience 2 2/5/2012 Contracts Committee Clinic 3 28/3/2011 3rd Forum for Procurement Government PDEs cadre Page 25 of 44 in Participant(s) Kobusingye Mwajuma Target PDU Staff Alinaitwe Contracts Raymond Committee Komuntaro Alice Mawenu Sam Mugasa Clovis Kirwani Micheal PDU Staff Local Robert Byaruhanga Appendix B: Risk Rating Table High Risk Relates to but not limited to significant Law & Regulatory violations such as:Area Implication Planning: Lack of or failure to procure within This implies emergencies and use of the direct procurement the approved plan. method which affects competition and value for money. Bidding Process: Use of wrong/inappropriate This implies use of less competitive methods which affects procurement methods, failure to seek Contracts transparency, accountability and value for money. Committee approvals and usurping the powers of the PDU. Evaluation: Use of inappropriate evaluation This implies financial loss caused by awarding contracts at methodologies or failure to conduct evaluation. higher prices or shoddy work caused by failure to recommend award to a responsive bidder. Record Keeping: Missing procurement files This implies that one cannot ascertain the audit trail namely; and missing key records on the files namely; whether there was competition and fairness in the solicitation documents, submitted bids, procurement process. evaluation reports and contracts. Fraud/forgery: Falsification of Documents This implies lack of transparency and value for money. Contract Management: Payment for shoddy This implies financial loss since there has been no value for work or work not delivered. money for the funds spent and the services have not been received by the intended beneficiaries. Moderate Risk Relates to but not limited to substantial Policy & Procedure exceptions such as:Area Implication Planning: Lack of initiation of procurements and This implies committing the Entity without funds confirmation of funds. thereby causing domestic arrears. Bidding Process: Deviations from standard This implies lack of efficiency, standardization and procedures namely bidding periods, standard avoiding competition. formats, use of PP Forms and records of issue and receipts of bids, usage of non-pre-qualified firms and splitting procurement requirements. Procurement Structures: Lack of procurement This implies lack of independence of functions and structures. powers and interference in the procurement process. Record Keeping: Missing Contracts Committee This implies that one cannot ascertain the audit trail records and incomplete contract management namely; whether the necessary approvals were records. obtained in a procurement process. This leads to unjustified contract amendment and Contract and Contract Management: Failure to appoint contract managers, failure to seek variations which lead to unjustified delayed contract the Solicitor General’s approval for contracts above completion and lack of value for money. Bidders are Ugs. 50 million and lack of notices of Best not given the right of appeal. Evaluated Bidders. Low Risk Relates to but not limited to minor or inconsequential procedural omission such as: Area Implication Planning: Lack of procurement reference numbers. This leads to failure to track the procurements which Page 26 of 44 leads to poor record keeping. Bidding Process: Not signing the Ethical Code of This leads to failure to declare conflict of interest and Conduct lack of transparency. Satisfactory Relates to following laid down procurement procedures and guidelines and no significant deviation is identified during the conduct of the procurement process based on the records available at the time of the audit exercise. Page 27 of 44 Appendix C: Sampled Procurements FORT PORTAL MUNICIPAL COUNCIL SAMPLE LIST FOR AUDIT OF FY 2012/2013 S/N 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 13. 14. 15. Reference no. FORT753/srvcs/1213/00011 FORT753/srvcs/1213/00001 FORT753/srvcs/1213/00024 FORT753/srvcs/1213/00005 FORT753/srvcs/1213/00003 FORT753/srvcs/1213/00028 FORT753/srvcs/1213/00006 FORT753/srvcs/1213/00021 FORT753/srvcs/1213/00014 FORT753/srvcs/1213/00013 FORT753/srvcs/1213/00007 FORT753/srvcs/1213/00004 FORT753/srvcs/1213/00018 FORT753/srvcs/1213/00033 FORT753/srvcs/1213/00025 Subject of procurement Revenue collection from tax park fees in East division Revenue collection from Nyakaseke toilet Revenue collection from slaughter house fee from K abundaire Revenue collection from street parking fees in south division Revenue collection from Nyakaseke taxi park Revenue collection from local hotel tax western division Revenue collection from loading & off loading fees in south division Revenue collection from washing bay fees Revenue collection from local Hotel tax in East division Revenue collection from slaughter house fees in East division Revenue collection from local hotel tax in south division Revenue collection from slaughter house fees in south division Revenue collection from toilet fees at Mpanga market Revenue collection from special hire taxis Charcoal dues from Kabundaire market Provider Contract period Ms Fortportal 1.7.12 -31.12/12 transporters Co.Ltd Ms Bonabana Jeniffer 1.7.12 – 31.12.12 Contract value (UGX) 111,000,000 Ms Aliganyira Robert 1.7.12 -31.12.12 18,600,000 Ms Kamu Enterprises 1.7.12 -31.12.12 12,012,000 Ms Bakaramagi&Co. Ltd Ms sabiti Joseph 1.7.12 -31.12.12 111,000,000 1.7.12 -31.12.12 3,000,000 Ms Kagoma friends Enterprise Ltd Ms Bonabana Jennifer Ms bujwera Ruth 1.7.12 -31.12.12 13,800,000 1.7.12 -31.12.12 4,200,000 1.7.12 -31.12.12 4,200,000 Ms Aliganyira Robert 1.7.12 -31.12.12 8,000,000 Ms Rugumayo 1.7.12 -31.12.12 Robert Ms Aliganyira Robert 1.7.12 -31.12.12 21,390,000 Ms Bonabana Jenifer 1.7.12 -31.12.12 3,600,000 Ms Kamu Enterprise U Ltd Vincent Mugamba 1.7.12 -31.12.12 3,000,000 1.7.12 -31.12.12 600,000 Page 28 of 44 6,000,000 7,200,000 S/N Reference no. Subject of procurement Provider Contract period 16. FORT753/srvcs/1213/00069 Ms Agaba Edson 30th June 2013 17. FORT753/srvcs/1213/00009 Revenue collection from roasted meat and chapatti in East division Revenue collection from LHT in south division Contract value(UGX) 150,000 30th June 2013 10,500,000 18. FORT753/srvcs/1213/00076 FORT753/srvcs/1213/00049 Revenue collection from Nyakaseke Toilet Revenue collection from taxi park fees east division 30th June 2013 1,500,000 30th June 2013 84,750,000 FORT753/srvcs/1213/00050 FORT753/srvcs/1213/00057 Revenue collection special hire Ms cash & Talk Fortportal transporters Ltd Ms Tuesday Emmanuel Ms Cash & Talk Fortportal transporters Ltd MS Kamu enterprises u LTD Ms Kagoma Friends enterprises Ltd Ms Kusemererwa Lawrence Ms Kamu enterprises U Ltd Ms Jennifer Bonabana Ms Ndikumwami David 30th June 2013 1,500,000 30th June 2013 900,000 30th June 2013 2,200,000 30th June 2013 12,012,000 30th June 2013 18,000,000 31st December 2013 2,400,000 Ms Tuesday Emmanuel Ms Tuesday Emmanuel MS Kyomuhendo Clovis 31st December 2013 18,000,000 31st December 2013 18,000,000 31st December 2013 6,000,000 MS Tibananuka 31st December 2013 6,000,000 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. FORT753/srvcs/1213/00058 FORT753/srvcs/1213/00051 FORT753/srvcs/1213/00075 FORT753/srvcs/1213/00039 FORT753/srvcs/1213/00042 FORT753/srvcs/1213/00043 FORT753/srvcs/1213/00043 FORT753/srvcs/12- Revenue collection for loading and off loading fees carrying merchandise in East division Revenue collection Mugunu washing bay Revenue collection street parking around Bazaar Revenue collection Kahinju toilet Maintenance of cemetery and mortuary in Bukwali East division Garbage collection and disposal in south division Street sweeping and sanitary lane maintenance Maintenance of loading of solid waste on collection sites East division Maintenance of Mpanga River Page 29 of 44 13/00035 Reference no. banks Subject of procurement Susan Provider 30. FORT753/srvcs/1213/00031 Ms Grace Mable kayonjo 31st December 2013 31. FORT753/srvcs/1213/00030 Ms Mwaghuhya John 31st December 2013 4,800,000 32. FORT753/srvcs/1213/00045 FORT753/srvcs/1213/00034 FORT753/srvcs/1213/00079 FORT753/srvcs/1213/00044 Maintenance of earth and murrum roads in Kasusu ward south division Maintenance of earth and murrum roads in KIJANJU ward south division Cleaning of toilets in Booma Contract value(UGX) 4,800,000 Ms Bigolo enterprises Co.Ltd Ms Kanamugire Andrew Ms Trader Suleiman Ms Tuesday Emmanuel 31st December 2013 6,000,000 31st December 2013 3,000,000 31st December 2013 6,000,000 31st December 2013 8,400,000 Ms Nyamubaje contractors Ms Fortportal Lorry Drivers Association Ms Sabiiti Joseph 30th September 2013 1.7.12 -31.12.12 17,550,750 1.7.12 -31.12.12 2,100,000 Ms Datajusto Tags Weli Ms Muhenda Badru 1.7.12 -31.12.12 2,868,000 30th June 2013 1,440,000 S/N 33. 34. 35. 36. 37. 38. 39. 40. FORT753/Wrks/1213/00001 FORT753/srvcs/1213/00026 Maintenance of open space in Kiteere compositing plant Garbage collection in western division Beautification of green islands, roundabouts and stretches in town Renovation of east division offices Revenue collection from sticker fees from Mugunu Lorry park FORT753/srvcs/1213/00016 FORT753/srvcs/1213/00002 FORT753/srvcs/1213/00068 Revenue collection from Mpanga market dues Revenue collection from Kacwamba market Revenue collection from kacwamba market Page 30 of 44 Contract period 6,660,000