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ON A JOURNEY TO A SAFER SOUTH AFRICACreating a safe and secure, crime free environment, that is conducive for

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w Section 1

• Organogram

• Procurement and Contract Management consists of:

• Regulatory Framework associated with the Procurement Process

• Procurement Delegations

• Procurement Transparency in the SAPS

• Detailed and Schematic Breakdown of the Procurement Process

• Practical Application of the Procurement Process

• Managing of Contracts

• ICT Procurement

• Building Projects

• Risks and Risk Mitigation

• Communication with Provincial and Divisional Procurement Practitioners

• Irregular Expenditure and PPGM Office

Section 2

• Definitions

• Categories of contracts

• Regulatory Framework

• Purpose

• Situational Analysis

• Key Focus Areas

• Risk Management

• Implementation

• Governance

• Monitoring and Reporting

• National Commissioner’s Turn-around Strategy




Section 1:Procurement Processes

4

Organogram of Procurement and Contract Management

COMPONENT HEAD:

PROCUREMENT AND CONTRACT MANAGEMENT

(NUMBER OF PERSONNEL 3)

PROCUREMENT MANAGEMENT: MGP AND

SERVICES


PROCUREMENT MANAGEMENT: FACILITY

MANAGEMENT


PROCUREMENT MANAGEMENT:

CONTRACTS


GRAND TOTAL: 103

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Procurement and Contract Management consists of:

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Regulatory Framework associated with the Procurement Process (1)

All Procurement actions in SAPS are governed by Legislation and Prescripts

which includes, amongst others the following:

South African Police Services Act, 1995 (Act No 68 of 1995;

Section 205 and 217 of the Constitution of the Republic of South Africa, 1996 (Act No 108

of 1996);

Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000) and Regulations of

2017/04/01;

Broad Based Black Economic Empowerment Act, 2003 (Act No 53 of 2003).

Public Finance Management Act, 1999 (Act No. 1 of 1999);

State Information Technology Agency (SITA) Act, 1998 (Act No 88 of 1998);

National Treasury Instruction Notes and Circulars;

SAPS – User Manual: Directives in respect of Acquisition.

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Construction Industry Development Board (CIDB);

Joint Building Contracts Committee (JBCC);

Prevention and Combating of Crime Activities Act (PRECCA);

Public Administration Management Act (PAMA);

Prevention of Organised Crime Act (POCA);

Companies Act;

Safety, Health , Environment and Quality (SHEQ).

Regulatory Framework associated with the Procurement Process (2)

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Procurement Delegations

National Procurement:

• All procurement approvals above R300 000-00 are finalized at National

Supply Chain Management level.

• All requirements for Bids above R500 000-00 are finalized and approved at

National level by the Bid Adjudication Committee.

Provincial/Divisional Procurement:

• Provincial and Divisional Procurement officers have been delegated to

finalize all procurement actions up to the threshold value of R300 000-00.

• Quotations in excess of this threshold must be forwarded to National Supply

Chain Management office for approval.

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CN352017.pdf

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Procurement Transparency in the SAPS

Compliance to National Treasury prescripts

• The SAPS submits a Procurement Plan approved by the National Commissioner for

publication, there after deviations, expansions and other feedbacks are sent

quarterly, which is also measured through the MPAT by DPME.

• Deviations for quotations above R1m are reported to both National Treasury and

AGSA.

• Technological reforms i.e. e-Tender Portal and Central Supplier Database.

• The SAPS also complies with the legal reforms such as Public Procurement, PPPFA,

SCM Commercial Contract (Transversal Contracting) as prescribed.

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Detailed and Schematic Breakdown of the Procurement Bid

Process (1)

NEED’ INITIATED BY END-USER

DIVISION/PROVINCE

DIVISION: SCM: DEMAND

MANAGEMENT RECEIVES THIS ‘NEED’

DEMAND PROCESS EXECUTED

(FINANCIAL AUTHORISATION, SPEC COMMITTEE MEETING

INCLUDED) IN ACCORDANCE WITH THE

APPROVED PROCUREMENT PLAN

DEMAND SENDS PROCESSED ‘NEED’ TO PROCUREMENT

MANAGEMENT

PRE-ADVERTISEMENT MEETING APPROVES

ADVERT FOR PUBLICATION

CONTRACT MANAGEMENT

SECTION PROVIDES BID NUMBERS (e.g.

Ref: 19/1/9/1/…………

PUBLICATION ON:

E-TENDER PORTAL,

GOVERNMENT TENDER BULLETIN,

SAPS WEBSITE,

CLOSING DATE AND TIME (Normally at 11:00)

BID OPENING BY APPOINTED BRIGADIER

WITH CONTRACT MANAGEMENT SECTION

MEMBERS

LIST OF BIDS STORED INSIDE SEALED EVIDENCE

BAG AND LOCKED IN A LOCKED SAFE.

BIDS RECEIVED ARE STORED INSIDE

LOCKED STORAGE BY CONTRACT

MANAGEMENT SECTION

END-USER DIVISION/PROVINCE

NOMINATES MEMBERS TO FORM PART OF THE

BEC

DIVISIONAL COMMISSIONER: SCM

APPROVES THE BEC MEMBERS AND

APPOINTS CHAIRPERSON

PROCUREMENT MANAGEMENT SECTION HEADS PROVIDES THESE

BIDS TO THE BEC

BEC MEMBERS SIGN THE FOLLOWING:

• CONFIDENTIALITY CERTIFICATE,

• CODE OF CONDUCT,

• DECLARATION OF INTEREST.

BEC MEETING CONVENES WITH CHAIRPERSON,

FACILITATOR, SECRETARY AND END-USER

DIVISION/PROVINCE APPOINTED MEMBERS.

BEC MAKES RECOMMENDATION TO THE

BID ADJUDICATION COMMITTEE (BAC) VIA

PROCUREMENT MANAGEMENT SECTION

HEADS

BAC CONSIDERS THEE SUBMISSIONS AND EITHER APPROVES/DISAPPROVES/R

EFER BACK TO THE BEC BASED ON FACTS PROVIDED

IN THE SUBMISSIONS MADE.

IF APPROVED PROCUREMENT MANAGEMENT

SECTIONS PREPARES CONTRACT

CONTRACT SIGNING BY SUCCESSFUL BIDDER AND

DIV COMM: SCM

PROCUREMENT MANAGEMENT SECTIONS

SENDS SIGNED CONTRACT TO CONTRACT MANAGEMENT

SECTION

CONTRACT MANAGEMENT SECTION

DISTRIBUTES THEE CONTRACT TO THE END-

USER: PROVINCE/DIVISION

CONTRACT MANAGEMENT SECTION EITHER

ADMINISTERS

PRICE INCREASES, CEDING,

INTERVENTIONS, DISPUTE

RESOLUTIONS AND RESTRICTIONS

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QU

OTA

TIO

N P

RO

CES

S

< R300 000

≥ R300 000< R500 000

≥ R500 000

DELEGATED PROVINCIAL/DIVISIONAL PROCUREMENT OFFICIAL APPROVES.

END-USER PROVINCE/DIVISION

SOURCES FOR QUOTATIONS FROM NT: CSD REGISTERED

SUPPLIERS AS PER ROTATION (SBD FORMS ACCOMPANY THE RFQ)

PPGM RECEIVES QUOTATION

WITH SBD FORMS ON

BEHALF OF THE END-USER

END-USER COLLECTS AND SEND DIV: SCM PROCUREMENT SECTIONS FOR

EVALUATION AND APPROVAL

AFTER APPROVAL DIV: SCM:

PROCUREMENT SECTIONS SEND

APPROVED DOCUMENTS BACK

TO END-USER

END-USER PROVINCE/DIVISION

SOURCES FOR QUOTATIONS FROM NT:

CSD REGISTERED SUPPLIERS AS PER

ROTATION (SBD FORMS ACCOMPANY THE RFQ)

PROCUREMENT SECTIONS PREPARES AND SUBMITS TO THE BAC FOR CONSIDERATION AND EITHER APPROVES/DISAPPROVES/REFER BACK TO THE END-USER BASED ON FACTS PROVIDED IN THE SUBMISSIONS MADE

AFTER APPROVAL,

PROCUREMENT SECTIONS

INFORM THE END-USER PROVINCE /DIVISION

AFTER PROCUREMENT OF THE GOODS, SERVICES OR WORKS, THE END-USER PROVINCE / DIVISION MANAGES THE CONTRACT AS PER CMS

Detailed and Schematic Breakdown of the Procurement Bid

Process (2)

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Practical Application of the Procurement Process in the Current

Procurement of DNA Kits (1)

The requirement of DNA Kits will be received together with the specification compiled by

the end user (Division Forensic Services) and the confirmation of funds by SAPS SCM

Demand Management, see attached.

The Section Demand Management together with the nominated representatives from the

end user (FSL) will conduct a specification meeting to ensure the correctness of the

specification. A certificate of unbiasedness and confidentiality is signed by all members

involved.

The requirement together with the specification and confirmation of funds will be

forwarded to Procurement for the activation of the procurement process.

Permission will be obtained from the Div Comm SCM to proceed with the procurement

process.

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Demand and Spec.pdf

Demand and Spec 1.pdf

Demand and Spec 2.pdf

Demand and Spec.pdf

Panel members of Pre ad BEC.pdf

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After approval is received:

A pre-advertisement meeting is conducted by Procurement together with the

representatives of the end user to once again verify the specification and to determine

the applicable special conditions of contract that will be applicable to the specific

contract for DNA Kits.

The Special Conditions of Contract as established is then forwarded to the Div Comm

SCM for approval prior to advertisement.

The requirement for DNA Kits will then be advertised in the Government Tender Bulletin,

National Treasury e-tender portal and SAPS website.

After the closing of the tender, the tender documents will be forwarded to the

appointed Bid Evaluation Committee that has been approved by the Div Comm SCM

and will consist of an appointed chairperson at the level of Brigadier situated at Div:

SCM, members of component Procurement who will act as facilitators and secretaries

and the nominated representatives from the end user.



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Members from FSL.pdf

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The Bid Evaluation Committee will evaluate the tenders received and compile an evaluation

report that is forwarded in the form of a submission to the Bid Adjudication Committee of

the SAPS for an award. All members of the BEC will sign off the report together with the

chairperson. All members also declare any interest and sign confidentiality certificates

prior to the commencement of the evaluation.

The BAC will convene and representatives from the end user (Div FSL) will be invited to

form part of the BAC as observers when the submission for DNA Kits is serving.

The members from Div FSL as indicated above will sign the declaration of interest and

confidentiality certificate included in the attendance register at the sitting of the BAC.

After an award is made by the BAC a contract will be signed between the SAPS and the

successful tenderer and a copy of the contract will be forwarded to the end user for issuing

of order forms and for management purposes.



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Panel members of Pre ad BEC.pdf

Members from FSL.pdf

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Managing of Contracts

Contract Management:

Manage the distribution of Bids documents

Receiving and opening of Bids

Liaising with National Treasury i.r.t Transversal Contracts

Manages existing contracts in consultation with SAPS: Legal Support Services and,

SCM: Finance and Administration Section (where necessary):

• Price increases;

• Ceding of contracts and payments;

• Intervention on poor contract performance;

• Dispute resolutions or imposing penalties;

• Restrictions at National Treasury.

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ICT Procurement

Requirements in the ICT environment is forwarded to SITA for finalization.

SITA do in some cases refer requirements to SAPS to finalize whereby the normal

procurement procedures are followed.

The Component: Procurement and Contract Management participates in the monthly

monitoring meetings held between SITA, and SAPS: Technology Management Services to

monitor progress and unblock challenges amongst the stakeholders.

Requirements in the ICT environment is forwarded to SITA for finalization.

SITA do in some cases refer requirements to SAPS to finalize whereby the normal

procurement procedures are followed.

The Component: Procurement and Contract Management participates in the monthly

monitoring meetings held between SITA, and SAPS: Technology Management Services to

monitor progress and unblock challenges amongst the stakeholders.

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Building Projects

The SAPS relies on the Department of Public Works to satisfy requirements on all

facilities/accommodation needs,

The Department of Public Works has however granted approval to the departments to

satisfy certain requirements themselves,

A new turn around strategy has been adopted in Supply Chain Management i.r.t. future

procurement actions in the build environment whereby a roster of reputable and capable

companies will be implemented and utilized to assist with future requirements,

The evaluation criteria of functionality will be utilized in the appointment of future service

providers,

Due diligence will also be conducted prior to an award to ascertain the capability of service

providers.

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Risks and Risk Mitigation

RISKS. RISK MITIGATING

1. Corruption

2. Fraud

3. Collusion

4. Fronting

5. Organised

crime

6. Leased

buildings

A process was implemented whereby a Brigadier at Supply Chain Management

oversees the opening and registration of bids received

Procurement is in the process to finalise Bid Evaluation Committee locations

(rooms) to be monitored by CCTV cameras with recording capabilities where all

Bid evaluations will be conducted

Currently all BEC and BAC meetings are recorded for good governance

Procurement and Contract Management has a Risk register in place with

mitigation actions against all identified risks

Due diligence are constantly conducted prior to award to ascertain the capability

of suppliers.

Directors of companies are verified prior to any award against the National

Treasury Central Supplier Database as well as the Department of Public Service

Administration website to determine whether they are State employed. Should it

be found that a director is an employee from the State such a bidder is

disqualified from the bid process.

Implementation of a paperless tender/RFQ system will be ideal

Minimising the quantity of leased buildings by building more Police Stations. 15

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Communication with Provincial and Divisional Procurement

Practitioners

Supply Chain Management conducts annual Forums whereby DPCs and Provincial Heads

attend

Annual Procurement Forums are held and Procurement Officers from the Divisions and

Provinces including ministry attend.

Circulars concerning Procurement policies, amendments, etc, are forwarded to all

personnel through the SAPS Communication nodal point.

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Irregular Expenditure and PPGM Office

Dedicated Irregular Expenditure offices have been established in the provinces and

divisions to streamline and reduce the irregular expenditure,

Manage and conduct regular inspections and sessions with the provincial and divisional

offices,

Pocket guides were circulated indicating the procurement process to be followed to

minimize irregular expenditure,

Consequence Management is done through the BAC.

Procurement Process Governance Management (PPGM) Office:

• The PPGM office was established to administer all quotations, received to ensure that

suppliers and SCM practitioners adhere to legislations and prescripts and to eliminate

the possibility of collusion between employee and supplier. This office ensures the

independence of handling quotations above the R300 000,00 threshold.

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Section 2:Contract Management Strategy

Implementation of the Contract Management Strategy will

enhance in effective policing

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Definitions

CONTRACT

An agreement entered into with the intention of creating a legal obligation(s).

CONTRACT MANAGEMENT?

The activities necessary to manage a contract throughout all stages in the Contract Life Cycle

(i.e. from the moment the contract is signed up until the termination thereof).

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Categories of contracts

Departmental procurement contracts (goods, works and services);

Transversal contracts established by National Treasury;

DPW procurement model (non-devolved assets are managed, developed and maintained

through the processes determined by the DPW); and

ITC/IT procurement ito SITA Act (No 88 of 1998) which support SAPS TMS and Forensics

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Regulatory Framework (1)

Legislative framework (Constitution, PFMA, PPPF, BBEE, SITA)

Policy framework (National Treasury)

Official directives, including Standing Orders, National Instructions, delegations

Section 195 – lays down the constitutional values for the country’s public administration,

including the promotion of efficient, economic and effective use of resources

Section 205(3) of the Constitution of the Republic of South Africa, 1996, (Act No.108 of

1996) which determines that the main functions of the Service are inter alia to:

• prevent, combat and investigate crime,

• maintain public order,

• protect and secure the inhabitants of South Africa and their property, and

• to uphold and enforce the law.

Section 217 – deals with the basic constitutional requirements of public procurement (i.e.

procurement must be effected in a fair, equitable, transparent, competitive and cost-

effective manner.)

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Regulatory Framework (2)

Section 38 of the Treasury Regulations: The Accounting Officer for a

department, trading entity or constitutional institution—

• must ensure that that department, trading entity or constitutional institution has and

maintains—

o effective, efficient and transparent systems of financial and risk management and

internal control;

o a system of internal audit under the control and direction of an audit committee

complying with and operating in accordance with regulations and instructions

prescribed in terms of sections 76 and 77;

o an appropriate procurement and provisioning system which is fair, equitable,

transparent, competitive and cost-effective;

o a system for properly evaluating all major capital projects prior to a final decision

on the project;

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Purpose of the Contract Management Strategy (1)

The CMS aims to enhance and accelerate governance related to the management of, and

accounting for contracts.

Create a safe and secure crime free environment, that is conducive for social and

economic stability, supporting a better life for all.

The SAPS will ensure accountability for public funding expenditure through clean and

sound administration to uphold the image and reputation throughout the organisation.

The impact of the strategy will maximise return on investment in order to deliver more

services or a higher level of service to the community and other stakeholders.

The Contract Management strategy will support the realization of the National

Commissioner’s turn-around strategy to enhance effective policing.

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Situational Analysis (1)

Contracts are managed by the relevant business unit within the SAPS responsible for the

specific contract. However, these contracts are not being managed effectively, efficiently and

economically:

Accountability (inefficient accountability at executive level resulting in the poor

monitoring of contracts)

Consequence management – the lack of consequence management including the failure

to recover financial losses

Leadership and Management (sufficient legislation, prescripts and processes)

Mandate and strategy (lack of a mechanism to deal effectively with contracts)

Changes in the Organisation (leadership, technology and management priorities had an

impact on the manner in which contracts were managed)

Technology and Information (no computerised contract management system)

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Situational Analysis (2)

• People Management (contract management currently beingperformed by end users. Movement of qualified officials alsoimpacts on effective contract management)

• Process and service delivery (workflow carried out by numberof officials/departments, implying dependencies, e.g. SITA, DPW)

• Changes in costs (not budgeted for but unavoidable, e.g. VATincreases, allowances are made within existing contracts)

• Structures, forums or committees (There is insufficientoversight and accountability. The roles and responsibilities mustbe clarified)

• Evaluation of contracts (Lack of evaluation of contracts toassess impact on service delivery (service or product) vsexpenditure to ensure value for money

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Key Performance Areas and Deliverable Description (1)

Key Performance area 1:

Establishment of a contract

inventory for the SAPS

Business specific inventory of all valid and current contracts

emanating from a tender process

Determine user requirements for a centralised contract

management system

Develop a centralised contract management system for the

SAPS to include:

early warnings for expiry of contracts

alert management iro budget vs contract expenditure

trend analysis spending aligned to strategic objectives

advancing the practise of economic upliftment

Align the contract management strategy to the resource

management plan as well as the IS/ICT plan

Evaluation of contracts to assess impact on service delivery

(service or product) vs expenditure to ensure value for money


Identification and

Classification of Contracts

Risk assessment of all contracts emanating from tender

processes

Identification and classification of all contracts emanating

from tender processes 25

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Uniform management of contracts

Develop business processes for the management of

contract

Development of a policy/national instruction for

contract management


Align contractual agreements with

the strategic objectives and

priorities of the SAPS

Strict compliance with demand management

processes

Enforcement of delegations of authority

All contracts to be signed only by duly delegated

personnel in terms of the organisational delegations

of power

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Improvement of a contract

management capacity and

capability

Capacity building for the management of contracts

Conduct a work-study investigation for the following:

• Contract management capacity within business

units

• Legal capacity for the vetting of all contracts

Contract managers to be appointed within the

respective business units

Security vetting of all procurement practitioners

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Key Performance Areas (4)

Key performance area 6:

To promote clean and sound

administration towards effective

policing

• Establish a contract management committee

• Develop a terms of reference for National and

Provinces

• Provide monitoring reports to the following:

• Senior Executive Forum (SEF)

• Executive Management Meeting (EMM)

• Board of Commissioners (BOC) (National

Management Forum)

• Audit committee

• Risk Committee

• Develop performance management tools, such as:

• Performance Review Session (Divisions & Provinces)

• Establish accountability session to address

consequence management for contract management

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Key Performance Areas (5)

Key performance area 7:

Develop a communication Strategy

within the SAPS

Create, educate and raise awareness to end users of

the do’s and don’ts associated with contracts

Share best practices that SCM practitioners can apply

in their day to day functions

Establish a web enabled system for the sharing of

information for SCM practitioners to ensure

uniformed standards

Conduct learning networks that can be cascaded to

provincial level

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Risk Management (1)

• The SAPS’s risk management approach requires that risk management be applied in respect of all

business process, by the relevant line management, as required by the SAPS’s Risk Management

Strategy.

• This requirement, therefore, also applies to all forms of contract management.

• Contract-related risks will be managed by the relevant contract owners and will include the

following:

o All contracts will be risk-assessed individually to identify the risks that may impact on the contract going

forward.

o The identified risk will be assessed, using the formalized risk management methodology, which is IS 31000

compliant (the international risk management standard), allowing for the prioritization of the risks.

o An appropriate Risk Treatment Plan will be developed and implemented by line management responsible for

the contract.

o The implementation of the Risk Treatment Plan will be monitored by the SAPS’s Risk Management Section, to

ensure that the risk management methodology is correctly applied and the risks are appropriately treated.

o Contract-related risks will also be subjected to audit, which will provide reasonable assurance of the

effectiveness of the treatment of the risks.

o Contract-related risks will be included in the organisational risk register and will be assessed, taking the

potential impact of the contract into consideration.30

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• The SAPS has established governance protocols related specifically to the

management of risk.

• These protocols require that the SAPS Risk Management Committee (RMC) assess

the application of the risk management process to ensure that it is approximately

applied and that the organisation’s key areas of risk are appropriately managed.

• The SAPS’s RMC reports to the SAPS Audit Committee, which exercises an oversight

function in respect of SAPS’s governance processes, including risk management and

its organisational performance.

• The SAPS’s RMC is also required to provide regular reports to the organisation’s

governing body, the BOC, which is responsible for the governance or risk

management as per the King IV Report on Corporate Governance.

Risk Management (2)

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Implementation

A detailed implementation plan has been developed and will be implemented in a

phased-in approach.

Programme and Project Management approach will be adopted for implementation for

specific deliverables such as:

• Establishment of a centralized database

• Capacity of Legal - and Procurement Practitioners

• A Project Steering Committee (PSC) will be established for monitoring projects.

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Governance

The National Commissioner has designated the deputy national Commissioner: Asset and Legal

Management to chair the Contract Management Committee, which will be a subcommittee of

the BOC, the “governing body” in the SAPS

The Committee will ensure accountability and oversight and will comprise of:

• All DNC’s

• Chief Financial Officer (CFO)

• Divisional Commissioner: Supply Chain Management

• Divisional Commissioner: Technology Management Services

• Chairperson of the Finance Committee

• Chief Risk Officer

• Chief Audit Executive

• Divisional Commissioners of specific business units will be determined by the National

Commissioner on an ad hoc-basis

A draft terms of reference for the Committee to clarify roles and responsibilities has been

developed and will shortly be presented to the BOC for approval.

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Monitoring & Reporting

The CMS will be monitored continuously with the aim of timeously identifying and

rectifying actions that impacts on the CMS.

The Contract Management Committee will monitor implementation and quarterly reports,

linked to the Annual Performance Plan (APP), will be provided to the following:

• SEF - National Commissioner.

• BOC – National Commissioner.

• EMM - National Commissioner.

• DNC Review Session – DNC: Legal and Asset Management.

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Performance Monitoring Tools

The DNC: Legal and Asset Management will evaluate the success of the CMS

The Strategy will be reviewed annually to assess its impact and feedback will be provided

to management.

The impact of the initiatives and achievements of the CMS will be determined:

• Review sessions by management.

• Analysis of complaints against police to identify trends of poor performance in relation

to Contract Management.

• Centralised Database (Trend analysis).

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Strategies & High Level Plans related to the Contract Management

Strategy

The contract management strategy is related to the following:

• The SAPS’s Strategic Plan.

• National Crime combating Strategy.

• SAPS resource Management Strategy.

• Ethics and Anti-corruption Strategy

• SAPS Procurement Plan, guided by the Preferential Procurement Policy

• SAPS Capital Works Plan

• IS/ICT Strategy

• Risk Management Strategy

• Annual Internal Audit Plan.

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Supporting the SAPS’s Turn-around Strategy

The Contract Management Strategy will be aligned to the Medium Term Expenditure

Framework (MTEF).

The Strategy will be reviewed every three years (or subject to the direction of National

Commissioner).

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The End

ON A JOURNEY TO A SAFER SOUTH AFRICA - PMG · South African Police Services Act, 1995 ... Companies...

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