Public procurement in Tanzania is regulated by the Public Procurement Act, 2011 (PPA) and its amendment act of 2016 (PPAA), which serves as an addendum to the act of 2011. The legislative framework of Tanzania also includes sub-legal and sector specific acts, which spell out the rules and procedures of public procurement activities in Tanzania. Among them most important sub-legal texts are:
In Tanzania, the public procurement law applies to any ministry, department or agency of the government, in addition to any corporate or statutory body or authority established by the government. Public procurement law also covers state-owned companies and local government authorities. Public procurement system in Tanzania is decentralized, meaning that all entities covered by the law conduct public procurement activities individually through means available in the country. Centralized procurement is also allowed via the framework agreements. A contracting authority is permitted to enter into a framework agreement, provided that the agreement is arranged by the Government Procurement Services Agency for procurement of common use items and services, provided that the contract is valid only between one and three years.
Tanzania has a national electronic public procurement system. TANePS (Tanzanian National e-Procurement System) is an e-portal created to facilitate public procurement processes in Tanzania. According to the Public Procurement Regulations of 2013, section 3, TANePS or the Tenders Portal is a web portal containing all information relating to public tenders. Since the TANePS is a relatively new electronic platform, currently it is piloted in only 100 selected procuring entities on procurement of common use items, medicines and medical supplies, consistent with Regulation 342(1) of GN No. 446. Additionally, TANePS allows conventional access to public procurement data, meaning that information can be viewed online, but cannot be downloaded as bulk for analytical purposes.
The Public Procurement Regulatory Authority (PPRA) is the body charged with regulatory functions and responsible for implementation of the PPL in Tanzania. PPRA has oversight powers on all public procurement activities carried by every procuring entity in the country.
One of the most important functions of the PPRA is managing the Procurement Management Information System (PMIS). PMIS is a tool to facilitate exchange of information between PPRA and Procuring Entities. PMIS support the System for Checking and Monitoring of Procurement activities by enabling online submission of Annual Procurement Plans (APP), monthly reports and Checklist forms. However, the information system is only for the use of the procuring entities and not for the general public or the economic operators participating in procurement.
With the recent introduction of electronic procurement in Tanzania and an overhaul of the legal framework in 2016, the public procurement law essentially guarantees efficient and transparent public procurement procedures. The TANePS system is relatively new and incorporates functions such as e-Tendering, e-Purchasing, system of e-Auction, provision of e-Payment and e-Contract management. Nevertheless, the PPL of Tanzania still can be improved to ensure maximum transparency, machine-readability of data, efficiency of procedures and competitive environment in public procurement. Tanzania’s new TANePS has the potential to comply with best international practice and adopt open contracting standards to allow unhindered access to public procurement data in machine-readable formats.
Public Procurement Legislation available at – link.
Public Procurement Portal of Tanzania – link.