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Empowered by article 99 (2) (h) of the Eastern Equatoria State (EES) constitution, the Governor has issued a decree forming ‘Permanent State Public Contracts Committee’ charged with responsibilities of handling the selection of tenders and contracts in respect to bid evaluation processes.
The EES Governor Hon. Louis Lobong Lojore issued the decree number 12/2012 dated 15th February 2012; reference No. GO/EES/T/1.B.5 which reads;
“In exercise of powers vested upon me, I hereby issue a gubernatorial decree for the formation of Permanent State Public Contracts Committee for the implementation of the State public contracts in a transparent and accountable manner; to promote the practice of good governance and the rule of law in the State with effect from 15th February 2012”
Composition of the Committee
The committee shall compose of the following;
1. Secretary General for EES Government – Chairperson,
2. Director General, State Ministry of Housing & Public Utilities – Secretary,
3. Director General, State Ministry of Finance, Trade & Industry – Member,
4. Director General, State Ministry of Transport & Roads – Member,
5. One representative from EES Legal Administration – Member,
6. Director of Procurements, of Finance, Trade & Industry – Member,
7. Director Generals of other State Ministries and independent Commissions – shall become members in contracts that are related to their respective Ministries and Commissions.
Committee’s Terms of references
According to the Governor’s decree the committee shall have the following terms of references;
1. Ensure public contracts in the State awarded through open competitive tendering,
2. Carry out the tendering and selection of tenders and enforce transparency in selection of contracts or companies vis-à-vis the bid evaluation process,
3. Develop standardized’ unit rate’ bills of quantity for different works,
4. Ensure compliance by contractors and companies with conditions set forth in contract agreements and minimum standards for all forms of contracted works,
5. Establish a performance bond/bank guarantee system on awarding of contracts,
6. Ensure public contracts signed in the State are awarded in accordance with requirements of procuring entity (budget holder) and allocated budget,
7. Introduces minimum defects liability period of one year and enforce 10% retention for contract sums above a certain threshold value,
8. Establishes clear procedures for documenting communication in order to assist with enforcement of contracts performance,
9. Monitors procurements and ensures actions taken against public officials on the one part and suppliers on the other part that do not comply with the conditions set in the contract agreements and or procurement regulations
10. Advises the State Government on appropriate actions to be taken in case of non-compliance fraud and corruption and how to deal with complaints accordingly,
11. Creates public performance list of contracts based on performance in the State in each calendar year – This may include categorization of contracts which indicate their performance reliability as well as their total asset holdings,
12. Reports and recommends any shortlisted companies to the State Council of Ministers through relevant Ministers
13. Carry out any other responsibilities that shall enhance functioning of the committee
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