The PPDPA Act section 70 defines a procurement officer as an officer, employee or agent of a procuring entity who is responsible for any aspect of the entity’s procurement, including the implementation of procurement contracts.  Included in this definition are all officials who have a role to play in the procurement cycle such as users, evaluation committee members, finance officers as well as project staff involved in procurement and project implementation. Such officers, in the conduct of their duties shall;

Ensure that each decision is based on adequate information and is made in good faith and in the best interest of the procuring entity,

Ensure fair competitive access by bidders to procurement proceedings, including the award of procurement contracts,

Avoid any conflict of interest,

Act with the utmost propriety and honesty,

Not reveal confidential information, including bidders’ proprietary information,

Abide by the code of conduct referred to in section 71, and Comply with any other provision of this Act that is applicable to him or her

Section 41 of the PPDPA regulations provides for Procurement officers to carry out procurement proceedings in accordance with the Act and the Code of Conduct set out in the First Schedule to the regulations. Every procurement officer shall sign a declaration agreeing to abide by the standards prescribed, committing to faithfully exercise the functions assigned to him or her as a procurement officer. The code of conduct provides for all matters relating to the conduct of officers employed in the PMU, in so far as they are engaged in procurement, including the qualifications and training of such officers and employees, the prevention of conflict of interest in procurement, the prohibition of collusion with any bidder involved in a competitive bidding process and declaration of interest in particular procurements.

General conduct

The code of conduct stipulates that Procurement officers must;

Ensure they are not involved in any procurement proceedings in which they are indebted to a bidder or contractor.

Throughout the procurement cycle, exhibit responsible behaviour and strive for transparency and collegial decisions.

In all circumstances exhibit good judgement and responsibility regardless of the position they occupy.

Not disclose information on procurement processes to anyone who does not have a right to know the information.

Encourage their procuring entities to adopt ethical procurement and disposal policies based on the principles contained in the PPDPA Act and the Code.

Raise any matter of ethical concern at the appropriate level within their procuring entity and also with the PRAZ.

Serving the interests of the public

Procurement officers are public officers who are there to serve the interests of the public and must;

Seek to advance the public good at all times as well as maintain and strengthen the public’s trust and confidence in procuring entities by demonstrating the highest standard of professional competence, efficiency and effectiveness.

Uphold the provisions of the Constitution of Zimbabwe (particularly Chapter 9, which sets out principles of public administration) as well as the Public Procurement and Disposal of Public Assets Act and other related laws.

Never engage in conduct, either professional or personal, which would bring the public procurement practice, their procuring entity, the Authority or the Government as a whole into disrepute.

Be aware that their behaviour outside the public procurement processes may influence how they   are perceived as professionals.

Not engage contractors that are  known to use forced labour (modern slavery), or to abuse human rights, or to be operating against the principles of sustainable (green) procurement, or to engage in fraudulent or corrupt practices.

Accountability and transparency

In order to uphold the above principle, Procurement officers must;

Use their authority and resources for the public good, in accordance with the law and Government policy.

Be accountable for the decisions they make and the actions they take, and they must be prepared,     whenever appropriate, to justify their decisions and actions to the Authority, or their procuring entities, or to the public.

Inform everyone with whom they conduct official business that they are subject to this  Code  and cannot deviate from   it without profound effects.

Integrity Procurement officers must;

Exercise their official functions without consideration of their personal and private interest. In the vein of maintaining public trust, improper       use of office for private gain is regarded as a serious breach of professional integrity.

Declare to their line manager any personal interest that might affect, or be seen by others to affect, their impartiality in decision-making.If a procurement officer is the    most  senior officer in a procuring entity, he or she must make the declaration to the entity’s board, council or other governing body.

Not solicit or accept gifts, favors or other advantages for themselves, their family or friends, or for persons whom they have business or social or political dealings.

Not allow offers of hospitality or pressure from those with vested interests to influence, or  be perceived to influence, their decisions.

Ensure that   information  they   give    in the course of their work is, to the best of their knowledge and belief, accurate and not misleading.

Never breach the confidentiality  of the information  they receive in their official capacity.

Fulfil their agreed contractual obligations and be truthful about their skills, experience,  qualifications and other credentials.

Legitimacy and fairness

Procurement officers must;

Carry  out their duties according to the relevant laws, and must exercise only those powers that have been lawfully assigned to them as well as ensure that competition in public procurement is genuine, fair and transparent.

Make  decisions and take  action in their official capacity in a fair and equitable manner, without being affected by bias or personal prejudice, and respecting the rights of affected stakeholders.

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