Josephine Christopher is a senior business journalist for The Citizen and Mwananchi newspapers
Mwananchi Communications Limitted
Dar es Salaam. Contractors have been urged to use available legal mechanisms to challenge public procurement decisions they consider unfair, as the Public Procurement Appeals Authority (PPAA) pushes for greater transparency, competition and accountability in government contracting.
The call was made by PPAA Head of Legal Services Agnes Sayi, who represented PPAA Executive Secretary James Sando at a consultative meeting with construction industry stakeholders held in Dar es Salaam on August 13 and 14.
Ms Sayi said public procurement should not be viewed solely as a process for acquiring works, goods and services, but also as an important tool for driving economic growth, creating jobs and increasing the participation of local contractors in government projects.
She said a fair procurement system required bidders to compete on an equal footing, with decisions made in accordance with the law, regulations and tender documents.
“A fair environment in the public procurement process is a framework that ensures all participants are treated equally, compete under the same conditions, and that all decisions are made in accordance with the law, regulations and the provisions of the tender documents,” she said.
Ms Sayi said PPAA decisions had demonstrated that fairness in public procurement was not merely a legal requirement, but also contributed to national development by protecting bidders’ rights, strengthening accountability among procuring entities and increasing private-sector confidence in government projects.
She urged contractors, consultants, procuring entities and other stakeholders to comply with public procurement laws and regulations to promote competition and ensure value for money in the use of public funds.
The meeting also highlighted challenges facing contractors after they secure public contracts, particularly delays in payments.
Architect Steven Masangia of Ebenezer Architects Ltd said some provisions in Special Conditions of Contract had placed contractors under financial pressure, with delayed payments affecting their ability to implement projects.
“Contractors are not paid interest on delayed payments, which has had an adverse economic impact on us. We should be paid within the time stipulated in the contract to enable us to implement contracts effectively,” he said.
Mr Masangia also called on PPAA to continue educating bidders and contractors on the distinction between procurement appeals and contractual disputes.
He said some contractors could mistakenly pursue procurement-related remedies over disputes arising after a contract had been signed and implementation had begun.
The two-day meeting, organised by the Contractors Registration Board (CRB), brought together about 1,000 stakeholders from the construction industry.
