Gambia Public Procurement Regulations
Bidder Registration Form
GPPA Mission Statement:
“The Gambia Public Procurement Authority (GPPA) will, on behalf of The Gambia Government, ensure a transparent, efficient and economic public procurement, provide a fair opportunity to all prospective suppliers by preventing fraud, corruption and other malpractices in public procurement and in so doing contribute towards a sound business climate in The Gambia”
As of 1st July 2003, all procuring organisations in the Gambia are required to comply with the Gambia Public Procurement Act as stated by Honourable Famara Jatta, Secretary of State for Finance and Economic Affairs in his Directive of 30 June 2003. This came about as a result of Government's continuous efforts to improve the way it buys to serve public needs.
In 1998, a Country Procurement Assessment was conducted jointly by the Gambia Government and the World Bank. The outcome of this study were recommendations to provide better value for money in the acquisition of goods, works and services and at the same time enhance the development of local enterprises. A Task Force was formed to review how the necessary changes should be made. This review gave birth to the Gambia Public Procurement Act 2001, assented to by the President in February 2002. The Act seeks to provide a system for ensuring: - (a) transparent, efficient and economic public procurement; (b) accountability in public procurement; (c) a fair opportunity to all prospective suppliers of goods, works and consultancy services; the prevention of fraud, corruption and other malpractices in public procurement; and (d) improvements in social and economic capacity in The Gambia, including providing opportunities for local small enterprises and individuals to participate in an economic manner as suppliers, contractors and subcontractors in public procurement.
To achieve these objectives, the Act brought to an end public procurement carried out by the Major and Minor Tender Boards. In its place is a system of decentralised procurement in which procuring organisations, (i.e. government entities, project implementation units, statutory bodies, Government Agencies, local government authorities, and Parastatals) are responsible for their procurement. To do this they have established Contracts Committees supported by specialised procurement units staffed with individuals trained in public procurement for the conduct of public procurement. Nevertheless, the head of the procuring organisation remains accountable for the successes and failures of procurement in accordance with the Act.
The Gambia Public Procurement Authority has broad powers in the Act to assist procuring organisations in carrying out their new responsibilities. In the exercise of its powers, the Authority will ensure that the rules are complied with by procuring organisations to achieve the objectives of the Act. The Director General of the Authority, Mr. Habib Jeng, said that his mandate is to “help the public get its money’s worth”. He and his staff of professionals in the fields of law, education and finance will work closely with heads of procuring organisations to make these reforms successful.
The Authority, in its bid to achieve the objectives of the Act, has developed new regulations and instructions along with standard bidding documents and forms to help manage the paperwork. The Authority will prepare an annual report for the Secretary of State for Finance, to be laid before the National Assembly, to describe the status of the new system and the level of compliance.
The new system provides for the registration and – in some cases – the qualification of bidders, debarment of non-performing bidders and suppliers, contract management, public notice of procurement contract awards, open and restricted tendering, international tendering and controls on single-source procurement. In addition, a comprehensive review procedure is set out to allow for bidder complaints.
The Act, and the Authority’s mandate, therefore covers all public bodies that use public funds to carry out procurements.
Gambia Public Procurement Act 1991
The Act establishes the GPPA and provides the primary framework for the operation of the new procurement system in The Gambia.
The Regulations are made by virtue of section 59 of the Act, to augment the technical details of the Act.
The Instructions serve as a handbook to guide to procuring organisations when carry out a procurements
Section 2 of the Act states that “public funds” mean –
(a) any monetary resources appropriated to procuring organisations through budgetary processes;
(b) aid, grants and credits made available to procuring organisations by local and foreign donors; and
(c) revenues of procuring organisations, including the Consolidated Revenue Fund, the Development Fund and general funds of Local Government Authorities;