Annual general report of the controller and - Parliament of Tanzania

Annual general report of the controller and - Parliament of Tanzania Annual general report of the controller and - Parliament of Tanzania

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Number of guards workforces supplied Internal External Estate Total February 70 40 48 158 March 59 44 48 151 April - 121 48 169 Total 129 205 144 478 Tanzania Ports Authority and M/s Gema have entered into disagreements regarding number of guards required. This situation indicates existence of a serious misunderstanding on the contract between the two parties. Management has not shown efforts to resolve this problem Seven theft cases were reported during the contract period. The contractor has failed to supply armed guards, dogs, motor vehicles and Motor cycles as agreed under clause 3.0 of the contract. Payments were rising from time to time with an indication of falsified claims as almost 50% of seven claims amounting to Shs. 245,280,000 raised were slashed down by the preaudit section of TPA to Shs.195,690,000. I am of the opinion that Management has not exercised its due diligence in procurement and contracting management process which expose both parties into high litigation in case of dispute. 8.4 Anomalies on contracts management at Dar es Salaam port Audit visit to Dar es Salaam Port came across many weaknesses in contract management which needs to be tackled as shown below:- 1. Contract for provision of Female Sanitary Services for 2006/2007 (Bradys Quality Service at TZS. 9,000 per Bin per Month) 2. Contract for Maintenance of Gardens at DSM Port with ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 140

Property Market Consult –TZS. 107,916,000 3. Contract for hiring vehicles –TZS. 267,060,000 The contract period was 12 months (27/4/07 to 11April, 08 but thereafter it was extended to 30 th June, 2008 ) 4. Contract for Block Staking Operations of Bagged Cargo at Dar es Salaam Port for 2006/2007 We observed the following anomalies: (i) Lack of legally binding clauses on the contracts Contracts reviewed at Dar es Salaam and Tanga ports noted that: • Contracts were not formally written. • Letters of understanding were signed instead of formal written contracts. • At times, contracts were extended beyond the initial contract periods. This anomaly was also found at TPA Tanga port for all contracts involving supply of goods. (ii) Performance evaluation of service providers While evaluating performances of service providers it came to our attention that some of them performed poorly but their contracts were nevertheless extended. Examples of contract periods extended despite complaints from service beneficiaries include:- • Contract for provision of Female Sanitary Services for 2006/2007 (Bradys Quality Service • Contract for Maintenance of Gardens at DSM Port with Property Market Consult. We further observed that these contracts brought contradictions among staff of TPA as the Port Engineer via letter ref.PWS/7/17 of 29/10/2007 wrote a letter complaining of poor performance of contractor requesting an apology for his action on the contractor and thereafter requested the port procurement manager to arrange for extension of contract while justifying every failure and anomalies ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 141

Property Market Consult –TZS. 107,916,000<br />

3. Contract for hiring vehicles –TZS. 267,060,000 The<br />

contract period was 12 months (27/4/07 to 11April, 08<br />

but <strong>the</strong>reafter it was extended to 30 th June, 2008 )<br />

4. Contract for Block Staking Operations <strong>of</strong> Bagged Cargo<br />

at Dar es Salaam Port for 2006/2007<br />

We observed <strong>the</strong> following anomalies:<br />

(i) Lack <strong>of</strong> legally binding clauses on <strong>the</strong> contracts<br />

Contracts reviewed at Dar es Salaam <strong>and</strong> Tanga ports<br />

noted that:<br />

• Contracts were not formally written.<br />

• Letters <strong>of</strong> underst<strong>and</strong>ing were signed instead <strong>of</strong><br />

formal written contracts.<br />

• At times, contracts were extended beyond <strong>the</strong><br />

initial contract periods. This anomaly was also<br />

found at TPA Tanga port for all contracts<br />

involving supply <strong>of</strong> goods.<br />

(ii) Performance evaluation <strong>of</strong> service providers<br />

While evaluating performances <strong>of</strong> service providers<br />

it came to our attention that some <strong>of</strong> <strong>the</strong>m<br />

performed poorly but <strong>the</strong>ir contracts were<br />

never<strong>the</strong>less extended. Examples <strong>of</strong> contract<br />

periods extended despite complaints from service<br />

beneficiaries include:-<br />

• Contract for provision <strong>of</strong> Female Sanitary Services<br />

for 2006/2007 (Bradys Quality Service<br />

• Contract for Maintenance <strong>of</strong> Gardens at DSM Port<br />

with Property Market Consult.<br />

We fur<strong>the</strong>r observed that <strong>the</strong>se contracts brought<br />

contradictions among staff <strong>of</strong> TPA as <strong>the</strong> Port<br />

Engineer via letter ref.PWS/7/17 <strong>of</strong> 29/10/2007<br />

wrote a letter complaining <strong>of</strong> poor performance <strong>of</strong><br />

contractor requesting an apology for his action on<br />

<strong>the</strong> contractor <strong>and</strong> <strong>the</strong>reafter requested <strong>the</strong> port<br />

procurement manager to arrange for extension <strong>of</strong><br />

contract while justifying every failure <strong>and</strong> anomalies<br />

___________________________________________________________<br />

Office <strong>of</strong> <strong>the</strong> Controller <strong>and</strong> Auditor General PA&oBs 2007/08 141

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