Implementation challenges of public procurement ACT, 2003 ACT, 663 on road sector projects

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The Public Procurement Act of 2003 was intended to address the weaknesses which were inherent in the Public Financial Management Reform Programme (PUFMARP). The objects of the Act among others was to harmonise public procurement processes, secure judicious, economic and efficient use of state resources and to ensure that public procurement is fair, transparent and non-discriminatory. However effective implementation by the procurement entities has been the greatest challenge in the attainment of the said objectives. The research therefore assessed the challenges affecting the implementation of the Public Procurement Act of 2003, by the road sector. Interviews were conducted with officers of the Department of Urban Roads who have been using the Public Procurement Act to procure Works, Goods and Services. The data obtained was then analysed using the thematic matrix approach. The road sector appears to be doing well in terms of the implementation of the Act, except that some sections of the law is affect its effective implementation. The implementation of the Act is being hindered by poor information dissemination, inadequate capacity and training, delay in payment of works executed by service providers and challenges with the Law itself. Many of these challenges account for the delay in completion of projects, abandoned projects and loss of value for money. To enhance effective implementation of the Act, the following, were recommended: amendment to Public Procurement Law is required, proper information dissemination as well as Training and capacity development.
A dissertation submitted to the Department of Building Technology in partial fulfilment of the requirements for the degree of MSc Procurement Management,