assist the National Public Procurement Authority (NPPA) revise draft of the 2004 Public Procurement Act and prepare implementation plans

Reference: G/SIE/091
Location: Freetown, Sierra Leone
Duration: Up to a maximum of 60 person days or 12 person weeks
Closing Date: 5 Jan 2012

Background

In the process of enhancing public procurement practice, the Government of Sierra Leone embarked on the review of the Public Procurement Act, 2004 since the past two years.

Working in collaboration with the World Bank and with the use of OECD-DAC tools, the approach adopted has been in four steps namely: (a) Agreement between the Bank and the government on scope, timing, methodology and method of participation of key national stakeholders and Development Partners; (b) Carrying out of independent preliminary assessments by the government and the Bank teams, followed by the main assessment mission which was done jointly to enhance country-ownership and foster close working relationships to carry forward future reforms; (c) review of both sets of the results of analysis; discussion between the Bank and the government as to strengths, weaknesses and divergences in the assessments of the procurement system; the Bank and the government held discussions to have consensus on the results and recommended actions; and review a draft joint assessment report (inclusive of a draft action plan and; (d) dissemination of the draft report to a large group of stakeholders; the Bank received feedback and comments and held discussions with the government to prepare a mutually agreed Final Report.

Most of these steps have been done; culminating in the dissemination of the draft CPAR report by the NPPA in August 2011. The feedback from stakeholders’ workshop has been shared with the Minister of Finance who in turn will obtain the concurrence of the Cabinet of Ministers on the adoption of the report as a country document. Following step, the World Bank will be apprised to move the process forward and to finalize the document as a working tool for development in public procurement sector in Sierra Leone.

When the Cabinet of Ministers approves the document, NPPA will carry out consultations with stakeholders on the list of areas identified for amendment in the Public Procurement Act, 2004 during the joint NPPA/World Bank assessment. This consultation will build on a 2010 initiative, which led to the production of a draft amendment from a desk study sponsored under the Integrated Public Financial Management Reform Project supported by Multi Donor Budget Support.

Purpose of the project

To prepare a revised draft of the 2004 Public Procurement Act and oversee its implementation once enacted

Tasks to be Undertaken by the Consultant

Depending on the outcome of the project and the recommendations from the final report, there is the possibility of a second Phase.

The Consultant will undertake the following activities inter alia:

• Conduct a review of the current Act and accompanying legislation;
• In close consultation with the NPPA, prepare an implementation plan to address weaknesses identified during the review;
• Hold consultations of the findings with key stakeholders; and
• Prepare revised draft legislation.

Deliverables

• Public Procurement Act and accompanying legislation revised; and
• (Roadmap) implementation plan prepared and in use.

Scope of Work

The Consultant will be based at the NPPA Headquarters in Freetown and will work closely with NPPA and the Law Reform Commission in Sierra Leone as well as the World Bank.

Outcomes

• Public services delivered collaboratively by enabled public, private and civil society organisations in the national interest according to international standards of performance and compliance

Transfer of Expertise

The Commonwealth Secretariat attaches particular importance to the transfer of expertise and knowledge to key staff and stakeholders. Executive Director and the CFTC Adviser will work closely with the expert throughout and should be fully involved in all activities and decisions. It is expected that the Executive Director and the management of the NPPA will

be fully confident to oversee the operation of the new legislation and procedures upon completion of this assignment.

Implementation Arrangements

The Consultant will work closely with the Commonwealth Secretariat Advisers in delivering this technical assistance. The consultant will report to the Executive Director, NPPA in Freetown, Sierra Leone.

Professional Skills/Qualifications:

• A Bachelors Degree in Law, Public Procurement Law and Policy or related courses or its equivalent;
• Extensive experience of public procurement law and its application in practice. A minimum of seven (7) years of relevant post-qualification experience working in an the area of the legal process and the principles and rules of public procurement law;
• Experience of revising procurement legislation;
• Experience of preparing procurement regulations, guidelines and standard bidding documents;
• Experience in procurement legislation implementation and sensitisation;
• Experience of providing public procurement training across government;
• Experience of advising government procurement entities on public procurement issues tenders (such as Local Authorities) on a daily basis; and
• Good analytical, report-writing and editing skills with ability to produce high quality work independently.

Download the Terms of Reference