Professional Documents
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Competitive Bidding and Administration of Contract in Public Sector
Competitive Bidding and Administration of Contract in Public Sector
BY
09H/1140/PS
NOVEMBER, 2011
APPROVAL PAGE
Nekede Owerri.
supply.
ii
DEDICATION
iii
ACKNOWLEDGEMENT
I give thanks and all the glory to God Almighty for giving me
this opportunity.
work and for his lecturers and person which will remain ever
green in my memory.
and otherwise.
iv
This work will not be complete without the support and
say thank you because they all have roles they played in my
v
ABSTRACT
recommendations.
vi
TABLE OF CONTENTS
Title page - - - - - - - - i
Approval page - - - - - - - - ii
Dedication - - - - - - - - iii
Acknowledgement - - - - - - - iv
Abstract - - - - - - - - - vi
CHAPTER ONE
1.0 Introduction - - - - - - - 1
vii
1.6 Significance of the study - - - - - 8
CHAPTER TWO
2.1 Introduction - - - - - - - 16
viii
2.8 Pre-qualification for tenders - - - - 31
CHAPTER THREE
3.1 Introduction - - - - - - - 34
CHAPTER FOUR
4.1 Introduction - - - - - - - 43
ix
4.2 Presentation of data - - - - - - 43
CHAPTER FIVE
5.1 Introduction - - - - - - - 76
5.3 Conclusion - - - - - - - - 78
5.4 Recommendation - - - - - - 80
References - - - - - - - 84
Appendix - - - - - - - - 86
x
CHAPTER ONE
1.0 INTRODUCTION
xi
by the client organization the whose main objective is to
Jessap (1989) such tenders are opened only at the time and
procurement.
xii
The problems of tendering and competitive bidding and its
are:
xiii
iii) The out data nature of our financial regulation which
administration.
xiv
great pressure on suppliers to reduce their cost to be
procurement.
procurement.
xv
iv) To examine the procedures and processes of
management.
procurement?
xvi
v) Are the officers handling tendering in the public
sector qualify?
HYPOTHESIS ONE
procurement.
procurement.
competitive bidding.
xvii
1.6 SIGNIFICANCE OF THE STUDY
xviii
iv. It will also be beneficial to the government and the
organizations.
xix
Imo state. In doing this, then researcher concentrated on
intended to carryout.
xx
ii) Yet another limitation faced by the researcher was
need.
xxi
3) Tender: It is the procedure there potential supplier are
xxii
acceptance terms and conditions prior to concluded a
contract.
supplier or contractor.
xxiii
the supplier must compile with. It is what the supplier
their organization.
xxiv
19) Fair price: A fair price is the lowest price that makes it
it current requirements.
xxv
CHAPTER TWO
2.1 INTRODUCTION
project.
xxvi
such can be a one man kind of business, medium, size
known as tender.
BIDDNG
contract.
xxvii
Therefore the researcher belief that tender is an offer of
BIDDING
xxviii
Uzor (2004, 2009: 489) states that there are three (3)
documents.
information’s:
xxix
iv) All other points relevant to the project.
their tenders.
xxx
2.3.3 SINGLE TENDERING
the work.
stage in the project and this make full use of the contractor
experience.
i) Open tenders
xxxi
iv) Serial tenders
v) Negotiated tenders
been open and free nor all to enter and make open
xxxii
competent and prospect professional suppliers of the
is eliminated.
within specifications.
sub-method namely”
i) Pre-tender negotiation
xxxiii
A pre-tender negotiation is said to be a tender procedures in
that:
tender.
xxxiv
Bond relating to supply contract or performance in
PROCEDURES
xxxv
and submit in sealed identifiable envelop within a
services.
xxxvi
award the supply project to the next acceptable
in which tenders are invited but may exempt from any such
xxxvii
The appropriate government department issues model
opportunities.
BIDDING
xxxviii
obligations and term i.e once a decision is make to use
distributed to them.
xxxix
2.7 TENDER DOCUMENT
electrical detailing.
xl
experience of each the equipment available, proof of
sum.
xli
the value of the project will intend to do. It must be paid,
There are four classes for registration for the federal level
while six classes in the state level each of the classes have
xlii
the original must be sighted before they an be allowed to
certificate.
incorporation.
Contracts for the local purchase of stores and for works and
xliii
CONTRACT ADMINISTRATION
To define contract administration in the simplest terms, it's the task of ensuring that any
contractor fulfills their job to the terms and stipulations written in the contract. Having
oversight to catch deviations and unfulfilled terms as they happen means that project or
person is more likely to be successful in executing the contract to correct problems or
omissions long after the fact rather than shortly after they transpire. Great contract
administration skills are invaluable in companies that employ contractors on a regular
basis.
In creating a contract, a seven-step process kicks off. All seven of these stages fall under
the contract management umbrella, and contract administration doesn’t really hit full boil
until around step five. A contract manager may be employed to oversee the contract, and
their role begins as soon as talk of a contract begins. But with any great contract
oversight team, a manager and administrator may work in tandem through all seven
stages.
The first step is knowing what the goal of the contract will be. What are the risks and
expectations? What are the needs and duration? Why is the contract needed?
The second step is all about authoring the contract. The legal team should be on board to
ensure no ambiguities remain because a lack of clarity can leave a contract vulnerable for
nonfulfillment or underperformance.
Step three is when negotiation happens. The second party receives the contract and takes
the opportunity to hammer out any issues they may have or eliminate anything they
perceive as unrealistic or unfair. To avoid a difficult contract negotiation, it’s wise to
author the contract after some communication so you understand the other party's
expectations. Once negotiations begin and the give/take exchange happens, it’s called
“redlining,” and it can get complicated if the team isn't on top of the changes. Using
contract management software can make this, as well as administrative oversight, a much
easier process. There are a couple dozen well-recommended management software
systems that might make a contract easier, depending on your needs.
Approval comes in step four. For larger companies, there may be an auditing process or a
board meeting required to go over the contract and get approval. Management software
can simplify this by having real-time approval possible by those with authority to give it.
xliv
Step five is all about signing the dotted line. Executing the contract means getting
signatures and final agreements. Dating and witnesses may be required. Legally binding
electronic signatures are helpful here when parties aren’t in the same city or country. An
administrator makes sure everyone is on schedule to complete the execution process
before signing deadlines arrive.
After the contract has been accepted and executed, there can be amendments and
revisions needed as projects and tasks get underway. Managing these may be part of the
contract administrator’s role and can be simplified through contract management
programs. Staying abreast of changes and alterations is the sixth stage of the contract
process.
The contract administrator is front and center in responsibilities now, as the seventh stage
of the contracting process comes in. There should be milestones along the way for the
administrator to monitor progress and success on the contracted services. Regular audits
mean catching shortfalls or seizing on opportunities that could come up along the way.
There should be reminders and alerts set for things like renewals and completion stages,
and these should be communicated to all upper-level management that needs to stay
informed of contractual progress. The administrator and contract manager must be
communicative and proactive to avoid any lapses or end dates passing without action.
The contract administrator's negotiating skills will be non-debatable. They’ll use savvy
and insight to hammer out pricing, conditions for fulfillment and terms while being the
hall monitor that makes sure these are all met as time progresses. They’ll also be
confident risk analyzers, being able to ascertain if amendments or revisions might be at
odds with their company’s best interests.
Contract administrators must be good at not just resolving conflicts but spotting them
before they escalate. This may mean working to create clear language and rules that
might be applied to future contracts, or even current ones, for resolving or avoiding
issues.
xlv
Finally, they’ll monitor cash flow to ensure disbursements and other contractual
payments are made properly and on schedule and that they're received by the proper
parties.
xlvi
Careers in Contract Administration
Contract administration is a growing field, with the Bureau of Labor Statistics suggesting
job opportunities may grow by 10 percent between 2016 and 2026, a growth trajectory
higher than in most careers. Given how much is riding on contract success, this is a job
that requires higher education, with a minimum being a bachelor’s degree coupled with a
great deal of contract-related on-the-job experience or a master’s degree in business
administration with related degrees in accounting, economics and mathematics. Law
degrees are also often well suited to this career.
Industries that require contract administrators are widespread. Construction is a huge area
for contract management and administration, and applicants may benefit from having
engineering or architectural education in addition to a business degree. Sports is a great
contract administration division, with everyone from food vendors to players having to be
under contract. Any kind of manufacturing or engineering company will need a steady
hand with contracts. Educational institutions, such as colleges and schools, deal with
contracts of all kinds constantly, as do any kind of government enterprise. Human
resource professionals deal with contract administration and management regularly as
well.
The administrator's oversight will benefit from a painstaking attention to detail – they’re
the kind of person who likely notices a restaurant menu's misspellings. They also notice
work quality and can easily spot inconsistencies.
The contract administrator needs to have both proven leadership skills but also be able to
be a solid team player. These team-playing abilities and management tendencies will
serve them well when it comes time to make reports, negotiate between parties and
departments and complete the overseeing of contract execution.
Preparation for contract administration begins with planning, which should begin during
the bidding and selection process. This planning includes the nomination of contract
administrators, a strategy for undertaking periodic performance review, the timeframe for
certifying performance and acceptance of contract deliverables in order to avoid payment
xlvii
delays, and an understanding of the contract terms and conditions to ensure effective
oversight.
Although the actual planning begins during the selection process, contract administration
actually starts upon the signing of the contract, which is the point at which the parties to
the contract are bound by its terms and conditions.
Who is responsible?
The procuring entity would usually appoint staff members or, preferably a team of
qualified individuals, to take the responsibility of administering the contract. It is the
responsibility of the Contract Administrator to perform the obligations and duties of the
procuring entity specified in the contract and to ensure the suppliers, contractors and
service providers implement the contract in accordance with its terms and conditions.
Nonetheless, the supplier, contractor or services provider, has the primary responsibility
to ensure that the goods, works or services meet the required standards and to advise on
the need for any changes as a result of constraints faced during contract implementation.
xlviii
Does it get the attention it deserves?
Contract administration involves the management of risks. Its basic purpose is to monitor
performance to ensure the objectives of the contract are met on time and within the
intended budget, and also to detect any deficiencies and find a remedy (including
suspension or termination of the contract) before it’s too late.
Good contract administration is crucial to the success of the public contracting process,
because it is during this stage that a significant amount of waste and abuse of public
funds and corruption in public contracting happens. Most of the focus is placed on the
procurement process, which is a comparatively shorter period than contract
implementation. The real benefits, however, are obtained after the contract is awarded, so
more attention needs to be placed on ensuring the contract is implemented consistent with
its terms and conditions. This is not to lessen the importance of the procurement process
in getting the contract awarded, but it is only after the contract is awarded that the real
value of the entire procurement process is realized.
CHAPTER THREE
3.1 INTRODUCTION
xlix
The research method is the procedure to be used by the
procurement.
l
stipulates what information to be collected from which
settings.
behaviours.
li
3.3 SOURCES OF DATA
collection:-
i) primary source
lii
on its procurement through the use of tendering and
collection.
liii
decide to use the department that concern with tendering
Table 3.1
Departments No No No % %
Purchasing 12 12 - 25% -
Administration 10 10 - 20.8% -
Engineering 6 6 - 12.5% -
Personnel 6 4 - 12.5% -
liv
eight were not returned. Therefore, the questionnaire to be
lv
3.6 VALIDITY AND RELIABILITY OF MEASURING
INSTRUMENT
lvi
After analysis the information by using percentage method,
X2 = Oi-Ei
Ei
Where
X2 = Clauculated chi-square
Oi = Observed frequency
Ei = Expected frequency.
lvii
CHAPTER FOUR
4.1 INTRODUCTION
questionnaire.
using chi-square, and the result gotten after the text is also
lviii
4.2 PRESENTATION OF DATA
F x 100
N 1
Where
1 = Constant denominator
lix
The analysis of data is based on analysing and interpreting
questionnaires.
the study.
Table 4.1
Purchasing 12 30% - - 12
Administration 10 25% - - 10
Finance 6 15.5% - - 6
Engineering 6 15.5% - - 6
Personnel 6 15.5% - - 6
Total 40 100% 0 0 40
lx
Source: field study 2011
Table 4.2
Administration 8 20% 2 5% 10
Finance 4 10% 2 5% 6
Engineering 4 10% 2 5% 6
Personnel 4 10% 2 5% 6
lxi
Total 28 70 12 30% 40
price?
Table 4.3
Purchasing 10 25% 2 5% 12
lxii
Administration 8 20% 2 5% 10
Finance 4 10% 2 5% 6
fair price.
Table 4.4
lxiii
Purchasing 4 10% 8 20% 10
Administration 2 5% 8 20% 6
Finance 2 5% 4 10% 6
Engineering 2 5% 4 10% 6
Personnel 2 5% 4 10% 6
a fair price.
lxiv
Table 4.5
lxv
Table 4:6
Purchasing 4 10% 2 5% 12
Finance 4 10% 2 5% 6
Personnel 4 10% 2 5% 6
lxvi
Table 4.7
Purchasing 10 25% 2 5% 12
Administration 4 10% 2 5% 10
Finance 8 20 2 5% 6
lxvii
Comments: The above table shows that 32 respondents
Table 4.8
Purchasing 2 5% 4 10% 12
Administration 2 5% 8 20% 10
Finance 2 5% 4 10% 6
Personnel 2 5% 4 10% 6
lxviii
Comments: It is obvious that from the table above 12
represented.
Table 4.9
Purchasing 12 30% - - 12
Administration 10 25% - - 10
lxix
Total 38 91% 2 9% 40
Table 4.10
Purchasing 4 10% 2 5% 12
Administration 8 20% 2 5% 10
Finance 8 20% 4 5% 6
Engineering 4 10% 2 5% 6
lxx
Personnel 4 10% 2 5% 6
Comments: Form the table 4:10 above, we can see that 287
the organization.
the ministry.
Table 4.11
Purchasing 10 25% 2 5% 12
Administration 8 20% 2 5% 10
Finance 4 10 2 5% 6
lxxi
Engineering 5 12.5% 1 2.5% 6
that is female.
female.
Table 4.12
lxxii
Finance 2 2.5% 4 15% 2 4% 6
Engineering 3 5% 4 15% 2 4% 6
Personnel 2 2.5% 3 5% 2 4% 6
that there are move persons between the age interval of 18-
Table 4.13
Administration 8 20% 2 5% 10
lxxiii
Finance 4 10% 2 5% 6
Engineering 4 10% 2 5% 6
Personnel 4 10% 2 5% 6
Table 4.14
lxxiv
Finance 5 12.5% 2 5% 6
Engineering 5 12.5% 2 5% 6
Personnel 5 12.5% 2 5% 6
contract.
be improved?
Table 4.15
Purchasing 12 30% - - 12
Administration 10 25% - - 10
lxxv
Finance 6 15.5% - - 6
Engineering 6 15.5% - - 6
Personnel 6 15.5% - - 6
Total 40 100% 0 0 40
improved.
Table 4.16
Administration 8 20% 2 5% 10
lxxvi
Finance 4 10% 2 5% 6
Engineering 4 10% 2 5% 6
Personnel 4 10% 2 5% 6
committee board.
Table 4.17
lxxvii
Department Yes % No % Total
Purchasing 2 5% 10 2.5% 12
Administration 2 5% 8 20% 10
Finance 2 5% 4 10% 6
lxxviii
Question 18: Do you think there is total abuse of the
Table 4.18
Purchasing 8 20% 2 5% 12
Administration 8 20% 2 5% 10
Finance 8 20% 2 5% 6
lxxix
abuse of the system of tendering in the ministry while 8
abuse.
the ministry?
Table 4.19
Purchasing 8 20% 2 5% 12
Administration 4 10% 2 5% 10
Finance 4 10% 2 5% 6
Engineering 8 20% 2 5% 6
lxxx
Source: field study 2011
Table 4.20
Finance 2 5% 4 10% 6
lxxxi
Engineering 2 5% 8 20% 6
Personnel 2 5% 4 10% 6
political consideration.
lxxxii
chapter three, the chi-square distribution is used in the test
DECISION RULE
HYPOTHESIS ONE
procurement.
procurement.
NOTE: Table 4.1 and 4.2 and questions number 1 and 2 are
4.1 20 0 40
lxxxiii
4.2 28 12 40
Total 68 12 80
Using Ei = RTxCT
GT
Where,
Ei = Expected value
RT = Row total
CT = Column total
GT = Grand total
:- Eii = 40x68
80 = 34
E12 = 40 x 12
80 = 6
E21 = 40 x 68
80 = 34
E22 = 40 x 12
lxxxiv
80 = 6
E11 40 34 6 36 1.0588
E12 0 6 -6 36 6.0000
E21 28 34 -6 36 1.0588
E22 12 6 6 36 6.0000
Total X2 14-1176
Calculated X2 = 14.1176
V = df=(R-i)(C-i)
= (2-1)(2-1)
= 1X1
= 1
lxxxv
X2 0.05, 1 = 3.841
HYPOTHESIS TWO
NOTE: Table 4.3, 4.4 and 4.5 and questions number 3,4 and
4.3 32 8 40
4.4 12 28 40
4.5 28 12 40
Total 72 48 120
lxxxvi
Using Ei = RTxCT
GT
Where,
Ei = Expected value
RT = Row total
CT = Column total
GT = Grand total
:- Eii = 40 x 72
120= 24
E12 = 40 x 48
120 = 16
E21 = 40 x72
120 = 24
E22 = 40 x 48
120 = 16
lxxxvii
E31 = 40 x72
120 = 24
E32 = 40 x 48
120 = 16
E11 32 24 8 64 2.6667
E12 8 16 -8 64 4.0000
E31 28 24 4 16 0.6667
E32 12 16 4 16 1.0000
Total X2 23.3334
Calculated X2 = 23.3334
lxxxviii
V = df=(R-i)(C-i)
= (2-1)(2-1)
= 1X1
= 1
X2 0.05, 1 = 3.841
lxxxix
ii. We also find out that tendering is not only the
procurement.
bidding.
xc
CHAPTER FIVE
5.1 INTRODUCTION
5.2 SUMMARY
xci
problem, objective of the study, research question,
researcher.
square distribution.
xcii
5.3 CONCLUSIONS
have shown.
xciii
3) Tenders are the means through the buyer obtains
purchase contract.
accounted.
compromise.
xciv
regarded and followed at all contracts, in most cases,
5.4 RECOMMENDATIONS
work.
been mobilized.
xcv
incorporate into the processes monitoring and
fees.
xcvi
management of public finance. Appointments should
strike.
of the buyers.
xcvii
should come together for discussions, corrections
xcviii
REFERENCES
Nigeria
xcix
Heindrick I.E and Ruch W.A (1976) Purchasing principle and
New Jersey.
c
APPENDIX
Yours faithfully
ci
QUESTIONNAIRE
cii
8. Do you think the present tenders committee of the
ministry is made up of quality man?
(c) No comments
11. Has there been instance where the lowest bidder are
not offered contract in your ministry?
ciii
(a) Yes (b) No
civ
18. Do you agree that the present practice as far as
tendering is concern could improve the quality of
contract in the ministry?
cv