FUCULTY OF COMMERCE DEPARTMENT OF BUSINESS MANAGEMENT BACHELOR OF COMMERCE HONOURS DEGREE IN SUPPLY CHAIN MANAGEMENT NAME LIONEL NCUBE STUDENT NUMBER L0200255P SUPERVISOR MR T. NDLOVHU TOPIC The impact of Public Procurement and Disposal of Public Assets (PPDPA) Act on adaptation of sustainable procurement practices. Introduction The procurement and disposal of public assets has accented the need for robust reforms not only in Zimbabwe but the world at large. The initiative has been necessitated by the need to respond to emergence of issues associated with transparency, fairness, accountability, integrity in the way in which the public procurement is conducted. The initiative which seeks to attain public trust in the execution of procurement process in a sustainable manner will determine the overall performance of the public entities which is of focus in this study. Attainment of a transparent, fairly and sustainable procurement practices requires diligence and robust procurement regulations which are in line with global procurement culture. Sapir, Scraepen, & Tagliapietra, (2022), asserts that achieving sustainable procurement seeks to make it mandatory practice rather than an option. In view of this, the study seeks to determine how Zimbabwe's Public Procurement and Disposal of Public Assets Act affects public sector organizations' adoption of sustainable procurement practices. This chapter aims to provide an overview of the history of the study, problem statement, research aim, objectives, and questions. The study will also outline the research hypothesis element, the study's importance, its assumptions, limitations, and the delimitations of the study. In addition, a brief literature review and the study's methodology will be outlined in this research proposal. Background of the study Every institution at any level, points out to the importance of an effective administration of the procurement process and the delivery system. WHO (2007) suggests that an efficient procurement procedure guarantees the proper purpose, at reasonable rates, and at recognizable quality standards. The regulations thus promote professionalism by offering extensive performance criteria, an ongoing oversight, and evaluation via regulatory reports. The government of Zimbabwe has launched the SASRA Initiative aimed at reforming the public procurement system in Zimbabwe. Its primary focus is on increasing the effectiveness of the purchase process, through closing the legislative and procedural gaps that constitutes entry points for wastage and corruption in the procurement system. The Public Procurement and Disposal of Public Assets Act, 2017, was promulgated to facilitate an easy of accessibility of procurement services by the general public, and ensuring its enforceability. It combines previous procurement legislation, including directives, into a single document. Despite the efforts of key partners with vast knowledge in the procurement industry, like the World Bank, the International Trade Organization, the United Nations Conference on Trade and Development, the World Trade Organization, and others, the procurement function has not received much recognition mostly in developing countries’ majority public entities. This can be a result of lack of knowledge about the benefits that the procurement function brings to the overall firm or resistance by some individuals involved through underhand dealings, malpractices and corruption. Studying the issues pertaining to the public sector is crucial due to the significance of public organizations as entities created to serve the public and the necessity of public accountability as stated by Trionfetti, (2000). Never before has the necessity for public bodies, especially those in emerging nations, to have consistent methodologies for carrying out the procurement function, so pressing. Delaying will make the performance, which is already declining, worse, thus resulting in the loss of professionals, and as a result companies will continue to incur unnecessary expenditure in hiring new professionals in this field. According to Knight, Harland, Telgen, Thai, Callender, and McKenna, (2007), the procurement function is evolving in the majority of developing nations from a clerical, non-strategic unit to an efficient socio-economic unit that may influence decisions and adding value to the organizations. One of the fundamental principles of procurement system and practice is that, it considers the total cost of ownership at organizational or departmental level. This covers not just the purchase price but also the time and money invested in pursuing such an ownership. It is possible to gain a better grasp of the actual cost associated with obtaining any commodity or service by comprehending the procurement process' phases, Baily et al, and (2004). As Dzuke and Naude (2015) puts it, public procurement is important in enhancing performance of public bodies which greatly weighs up delivery of services. The worldwide Gross Domestic Product (GDP), public procurement makes is a paramount contributor of revenue as it accounts for 15% to 20% of the GDP per capita, World Bank, (2017). Mendes and Fazekas (2017), reiterates that, the European Union spend approximately 15% of its GDP on the purchase of products and services. On another note, governments and other public entities around the world typically follow a standardized procedure to procure supplies and labor required to complete public projects. Coming closer home, the government of Zimbabwe has in recent years ,started reforming the public procurement system in order to better serve the government and other public organizations through a transparent procurement system across the board. Although much effort and resources are being directed to ensure successful implementation of the public procurement system , a number of issues, such as a lack of funding, red tape, unqualified staff, and corruption to name a few , hinders procurement activities. The need for a more efficient, transparent, and accountable public procurement system frequently drives reforms in procurement practices and procedures. A number of financial laws, regulations, and policies have been implemented since Zimbabwe's independence to combat corruption and other pressing issues within the public procurement system. Through amendments to the constitution, parliamentary legislation, legislative acts, administrative directives, and financial circulars and, procurement reforms have been at the centre stage and its implementation has brought an ease of doing business. The statement of the problem Numerous public procurement processes experience neglect, lack of direction, poor coordination, a lack of open competition and transparency, varying degrees of corruption, and, most importantly, a shortage of trained and qualified procurement specialists who are capable of managing such procurement departments in a manner that is professional, timely, and cost-effective. Although it was anticipated that, following the procurement process, ensures the public organization to receive value for money through high-quality services, good, and works, this has not been the case in other industries (KPMG, 2008). All purchases and sales of public property must adhere to the requirements of the Public Procurement and Disposal of Public Assets Act (PPDA). However, there have been glaring problems in some counties with relation to non-compliance with the act, particularly when acquiring goods and services. The PPDA Act has addressed every facet of professional procurement best practices. The ethical standards of the practitioners have, however, received little attention, which has opened the door for corruption and its other connected activities. Inadequate staff training, independent procurement auditing functions, a lack of accountability and transparency, and punishments against officials who committed the offenses. These actions distorted the public's view of the deed and undermined its credibility. Massive public resources have been wasted due to noncompliance with the procurement policies, rules and regulations set by the government through the PPDA’s procurement regulatory framework. As a result, a number of development initiatives have derailed the upgrade of the procurement system in Kenya, and since then, a number of public employees have not been paid on time. Therefore, this study has influenced the need to research how Zimbabwe's sustainable procurement practices would have been impacted by the PPDA. The objectives of the study 1. To analyse the factors influencing the ineffectiveness of the public procurement act 2. To assess the negative effects of public procurement act on sustainable procurement practices 3. To identify strategies that can promote sustainable procurement practices Research question(s)/Hypotheses 1. What is the level of awareness of the PPDPA Act among public entities in Zimbabwe? 2. How has the PPDPA Act impacted the adoption of sustainable procurement practices by the public entities in Zimbabwe? 3. What are the barriers to sustainable procurement practices adoption by public entities in Zimbabwe? 4. What measure can be taken to overcome the barriers and promote the adoption of sustainable procurement practice? Scope of the study The Bulawayo City Council is the primary focus of the study region. This is due to the fact that the bulk of the public institutions used in the study are situated in the metropolitan province’s jurisdiction, and all of the researchers have well established bases of operations there as well, which made the data collecting simple. The purpose of the study was to determine how the Public Procurement and Disposal of Public Assets Act affected Zimbabwe's adoption of sustainable procurement practices in a number of ways. In this case, a metropolitan society survey in Bulawayo would be conducted to ascertain and explore how the public procurement act has impacted the public utilities such as the Bulawayo City Council (BCC). The metropolitan investigation will be carried out in the procurement department of the firm under study. The city council situated in the western side of Zimbabwe is also in the country’s second’s capital city named Bulawayo, which house a number organizations. Significance of the study The findings of the study will provide insights into the impact of the PPDPA Act in the adoption of sustainable procurement practices in Zimbabwe. The study will also provide recommendations for improving the effectiveness of the Act in promoting sustainable procurement practices in the country. The study will contribute to the existing literature on sustainable procurement practices and public procurement regulations, and will provide practical guidance for policymakers and practitioners in Zimbabwe and other countries who seek to promote sustainable procurement practices in public institutions. This study also seeks to put in context its findings to the already existing study field and thus its significance is to add value to the current studies being undertaken with the view to bring a new paradigm in how the world at large views the sustainable procurement practice. Among other things, the study will address the weaknesses in the procurement system such as corruption, transparency and accountability of procurement officers in discharging their duties in the public service. The need to capacitate the staff through professional development and training, so that they exhibit acceptable standard practices in the procurement system. The study seeks to change the scope of the country’s general economy, impact sustainable development which will drive growth and development of a brighter future in Zimbabwe. In addition, the study would serve as a guide to improve on efficiency and effectiveness in public procurement in Zimbabwe. The process of conducting the research will benefit both the author and the researcher in a significant way and thus enhance professional skills and obtain an in-depth understanding of this subject. The research aims to further advance the author's academic studies in the field of marketing and supply chain management. Among other things, the writer looks forward to attain personal skills and attitude like communication skills and academic writing that will be acquired through interviews and interactions with participants, data capture and presentation as well as analytical skills, among others. Assumptions of the study The research findings based on the selected sample is representative of the whole population. All the records for carrying out the research would be made available to the researcher. Literature review To ensure that public procurement is conducted in a fair, transparent, and nondiscriminatory manner, the government of Zimbabwe enacted and promulgated the Public Procurement and Disposal of Public Assets Act (2017). The purpose of the law was to establish bodies and principles that would standardize the public procurement process in an effort to make it more rational and consistent. Since its inception, the Act has brought with it, a number of applicable modern procurement principles and practices that are meant to fix a widespread corruption and irregularities that have long been associated with public procurement. Several obstacles have arisen during the act's adoption, however threatening the success of its goals. This the study will explore relevant literature which are in line with the main study of this research. It is notable that, a number of scholars have made strides in shaping the procurement industry across the globe and as such literature review will provide the author with requisite knowledge and an in-depth understanding of the subject. There are two key pieces of legislation that guide management of public institutions in procurement. These are, the Administrative Justice Act (Chapter 10:28) and the Competition Act (Chapter 14:28). The Administrative Justice Act is primarily concerned with procedural aspects of procurement while the Competition Act focuses more on promoting competitive procurement. While public sector organisations have internal regulations that direct the procurement process such regulations are not expected to conflict with Act of Parliament. Chikomwe, (2012) agrees that Administrative Justice Act’s section 3 requires administrative authorities to act lawfully, reasonably, fairly and to supply written reasons for awarding a tender and section 5 which deals with the basis upon which non-compliance with section 3 is determined. He argues that, a basic procurement process in Zimbabwe, must have the following identifiable components; prequalification, anti-fraud/corruption declarations, qualification criteria, eligibility, bid preparation, bid submission, notification, adjudication and award criteria. In pre-qualification, the tender process certifies genuine applicants as ones registered with the Procurement Regulatory Authority of Zimbabwe (PRAZ). These applicants are expected to reveal their compliance with statutory obligations to remit corporate tax to the Zimbabwe Revenue Authority (ZIMRA).When they append their signatures to the anti-fraud declaration paper, bidders undertake not to flout the procurement procedures like dangling inducements to members of the procurement committee. By appending their signatures they also agree to be punished in the event that a fraudulent activity is proved against them. The qualification criteria assess the potential capacity of the prospective supplier to deliver goods or services in a timely manner and the litigation history if any, giving preference to domestic or local suppliers. Of late, the print media has been awash with reports of corruption and bribes in the public procurement processes. Some matters have gone unreported, despite having been unearthed by either internal or external auditors. While the rules and regulations on public procurement attempt to plug loopholes for corrupt practices there seem to be no enabling legal framework to allow bidder’s enforceable right to review when public entities breach the rules. The statutes are clear on the oversight role of the Procurement Regulatory Authority of Zimbabwe on procuring entities. A number of literature as asserted by Hunja, (2001) , state that the most successful procurement systems are those that provide bidders a legal basis to challenge the actions of public procurement officials when they breach rules . For this reason, the World Bank regularly carries out assessments of procurement systems. It does carry these assessments in the countries where it lends, aimed at identifying strengths and weaknesses of the entire public procurement sector. It is also for this reason that the United Nations Commission on International Trade Law (UNCITRAL) also carried out a study of procurement laws in many developing countries. As the case with Zimbabwe, Hunja (2001) argues that one consistent weakness in most developing countries appears to be the lack of an entity within government that is charged with overall responsibility to ensure that the system is properly functioning. He contends that, the lack of an entity that has oversight responsibilities creates serious gaps in the enforcement of rules and regulations. In Zimbabwe, the most difficult challenge to install such an oversight body may be the lack of political will at the highest levels of government ministries, to significantly overhaul the existing system and capacitate the Anti-Corruption Commission so as to eliminate some breaches and malpractices in the public sector. Research Methodology The study shall be guided by a pragmatism approach wherein a mixed method inquiry using both qualitative and quantitative data will be used to improve on the reliability of the study results. The target population will be comprised of government entities, employees and relevant stakeholders. A sample of 100 respondents will be selected using a 95% confidence level, a 5% State owned enterprise error, and a hypothetical 50% response rate. A total of 80 individuals will constitute the sample which will be drawn from purchasing department, accounts department, stores department and the administration (senior management) of different organizations. In picking the sample, a simple random sampling method will be done using random number tables. Simple random sampling method will be used because the sample frame will have known characteristics of the population which is presumed similar. The minimum required sample size will be calculated using the RAOSOFT online sample. In collecting the information, the researcher will use three instruments which are interview guides, document review and structured questionnaires. The questionnaire will be pre-tested for ability and comprehension through a number of techniques combined before being administered to the sampled population. Regression analysis will be used in this study. Logistic regression is particularly a suitable method for this study, as it makes relatively few statistical assumptions and is a good representative of the human decision-making process Abd-el-salam & Shawky, 2013; Sharma,( 2018). In addition, factor analysis will also be used. Factor analysis is a multivariate statistical method that can be used to develop, refine and evaluate tests, scales and measures (Yong & Pearce, 2013; Amodu et al., 2018). A pilot survey which consists of 10 respondents will be conducted at the Lupane State University (LSU)’s Information and Communication Technology (ICT) department. Reference list Abd-el-salam, E. M., & Shawky, A. Y. (2013). The Impact of Corporate Image and Reputation on Service Quality, Customer Satisfaction and Customer Loyalty: Testing the Mediating Role. Case Analysis in an International Service Company. The Business & Management Review, 3(2), pp. 177±196. https://doi.org/http://dx.doi.org/10.1108/17506200710779521 Ameyaw, C.; Mensah, S. & Osei-Tutu, E. (2012). Public procurement in Ghana: The implementation challenges to the public procurement law 2003 (Act 663). International Journal of construction supply chain management. Vol. 2 (2); pp. 55-65. Anvuur, A., Kumaraswamy, M., & Male, S. (2006). Taking forward public procurement reforms in Ghana, CIB W107. Construction in Developing Economies International Symposium, Construction in Developing Economies: New issues and Challenges. Asamoah-Gyimah, K. & Anane, E. (2013). Research method in Education. Kumasi: Dan-Grapher Prints. Azeem, V. (2007). Impact of the public procurement act 2003, act 663 in Ghana integrity initiative’s perspective. A forum paper. Chikomwe, J. (2012). Tender and Tender Administration. Harare: The Zimbabwe Independent, 17 July. Dzuke, A. and Naude, M.J.A. (2015). Procurement challenges in the Zimbabwean public sector: A preliminary study. Journal of Transport and Supply Chain Management, Vol. 9 No. 1. http://dx.doi.org/10.4102/jtscm.v9i1.166. (Accessed 19 May 2023). Hunja, R. (2001). Obstacles to Public Procurement in Developing Countries. Paper 4. World Bank. Mendes, M. and Fazekas, M. (2017). Towards More Transparent and Efficient Contracting ± Public Procurement in the European Union, DIGIWHIST publications, March 2017. Mwikali, R. & Kavale, (2012). Factors affecting the selection of optimal suppliers in procurement management. International Journal of Humanities and Social Science. 2, 189-193. MacManus, S.A. (2002). Understanding the Incremental Nature of E-Procurement Implementation at the State and Local Levels. Journal of Public Procurement, 2 (1): 5-28. Nzau, A and Njeru, A. (2014). Factors affecting procurement performance of public universities in Nairobi County. International Journal of Social Sciences and Project Planning Management, (3), 147-156. OECD. (2007). SIGMA support for improvement in governance and management. Retrieved January 20, 2012, from http://sigmaweb.org OECD. (2007). Integrity in Public Procurement Good Practice from A to Z, OECD Publishing, Paris, France Okeahalam, C. C. (2004). Corporate governance and disclosure in Africa: Issues and challenges. Journal of financial regulation and compliance, 12(4), 359-370. Orodho, A.J (2003).Essentials of Educational and Social Science Research Methods. Nairobi: Mazola Publishers. Parker, R. & Bradley, L. (2000). Organizational culture in the public sector. Evidence from six Organisations. International journal of public sector organizations, 13(2), 125-141. The Public Procurement and Disposal of Public Assets Gikonyoity, Compliance Audit Report, (2008). Raymond, J. (2008). Benchmarking in public Procurement. Benchmarking: An International Journal, 15(6), 782-793. Rice, M. F. (2007). A post-modern cultural competency framework for public administration and Public service delivery. International Journal of Public Sector Management, 20(7), 622-637. Roodhooft, F. &Abbeele, A. V. D. (2006). Public procurement of consulting services Evidence and comparison with private companies. International Journal of Public Sector Management, 19(5), 490-512. Sutinen, J. G. &Kuperan, K. (1999). A socio-economic theory of regulatory compliance. International Journal of Social Economics, 26(1/2/3), 174-193. Trepte, P. (2005). Ensuring accountability in public procurement: Bridging the information Asymmetry in Fighting Corruption and Promoting Integrity in Public Procurement. OECD Publishing. World Bank (1995a). Guidelines: Procurement under IBRD Loans and IDA Credits, World Bank, Washington, D.C. World Bank Country Procurement Assessment Report, (2001). Uromo, S. (2014). Challenges Facing Public Procurement Information in Some African Countries Namely: South Africa, Uganda, Zimbabwe and Tanzania. International Journal of Innovation Education and Research, 2(7), 54-60. World Bank (no date), World Bank Listing of Ineligible Firms and Individuals, accessed online on 8 June 2016 at http://web.worldbank.org/external/default/main?theSitePK =84266&contentMDK=64069844&menuPK=116730&pagePK=64148989&piPK=64148984