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
8.7 Improvements required in managing completion stage contract of BoT HQ Building Extension Project Our review of the agreement between Group Five Building East (PTY) Limited and Bank of Tanzania for Extension to the Head Office Bank of Tanzania 10 Mirambo Street Dar es Salaam noted the following; • Original Agreement was signed on 25 June 2002. • Contract sum indicated in the Agreement was US $ 73,600,000 (United States Dollar Seventy three million six hundred thousand only). • Commencement date (Not indicated) • Completion date (Not indicated). Clause 13 of the contract document states that “the contract sum shall not be adjusted or altered in any way what-so ever otherwise than in accordance with the express provisions of these conditions, and subject to clause 12 (2) of those conditions any error whether arithmetic or not in computation of the contract sum shall be deemed to have been accepted by the parties hereto. However, the provisions of clause 13 of the contract were not observed by both parties throughout the execution of the contract, the payments made to Group Five Buildings East (PTY) Limited up to 30 June 2008 amounted to US $ 284,671,000 without any new addendum to the original contract or cost and design escalation agreements to incorporate the changes in design and price escalation. Price fluctuations For example, we observed certificate No. 32 with value of US $ 12,071,804.67 included US $ 6,517,230 described as prolongation cost for extension of time and US $ 71,500 insurance bond paid to the Contractor. These were not supported by revised agreements. Schedule A 15 (i) of the schedule of conditions of building contract states that “the contractor has included a sum of equivalent to 5.39% of the contract sum to cover escalation ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 150
in the cost of the measured works and preliminaries. (ii) “This sum shall be adjusted to the final cost of the measured works and preliminaries. Clause 32 of the same contract had detailed notes with regards to fluctuations and this clause has been struck off by hand without any explanation or amendment. Regulation 43 of the Public Procurement Regulations GN No. 97 alteration and amendment of contract spells out that “a procurement or disposal contract shall not be altered or amended in any way after it has been signed by both parties unless such alteration or amendment is endorsed by the approving authority that reviewed and approved the original procurement contract or disposal by tender”. Regulation 44 states that “any variations to the value of a procurement or disposal contract shall be reviewed and approved by appropriate tender Board”. Until the conclusion of audit report in November 2008, the Bank could not provide us with information as to the agreed revised maximum Contract price under the Extension Project. It does appear though that at present the Bank has no effective control over the future cost to complete the project. Management should review the existing contract for the extension work to ascertain whether it is still valid and that the Bank is safeguarded from contract risks. The review should also involve terms and conditions with sub-contractors and consulting engineers. Maximum contract price and completion timetable should be agreed with the Contractor. Since the Bank will continue to have major contractor such as Estate management and IT, it should consider developing Project Management Methodology as well as develop a programme aiming to build the Bank’s internal capacity to manage major contracts. ___________________________________________________________ Office of the Controller and Auditor General PA&oBs 2007/08 151
- Page 119 and 120: prepared (NBC A/C No. 022103000156
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in <strong>the</strong> cost <strong>of</strong> <strong>the</strong> measured works <strong>and</strong> preliminaries. (ii)<br />
“This sum shall be adjusted to <strong>the</strong> final cost <strong>of</strong> <strong>the</strong><br />
measured works <strong>and</strong> preliminaries.<br />
Clause 32 <strong>of</strong> <strong>the</strong> same contract had detailed notes with<br />
regards to fluctuations <strong>and</strong> this clause has been struck <strong>of</strong>f<br />
by h<strong>and</strong> without any explanation or amendment.<br />
Regulation 43 <strong>of</strong> <strong>the</strong> Public Procurement Regulations GN<br />
No. 97 alteration <strong>and</strong> amendment <strong>of</strong> contract spells out<br />
that “a procurement or disposal contract shall not be<br />
altered or amended in any way after it has been signed by<br />
both parties unless such alteration or amendment is<br />
endorsed by <strong>the</strong> approving authority that reviewed <strong>and</strong><br />
approved <strong>the</strong> original procurement contract or disposal by<br />
tender”.<br />
Regulation 44 states that “any variations to <strong>the</strong> value <strong>of</strong> a<br />
procurement or disposal contract shall be reviewed <strong>and</strong><br />
approved by appropriate tender Board”.<br />
Until <strong>the</strong> conclusion <strong>of</strong> audit <strong>report</strong> in November 2008, <strong>the</strong><br />
Bank could not provide us with information as to <strong>the</strong><br />
agreed revised maximum Contract price under <strong>the</strong><br />
Extension Project. It does appear though that at present<br />
<strong>the</strong> Bank has no effective control over <strong>the</strong> future cost to<br />
complete <strong>the</strong> project. Management should review <strong>the</strong><br />
existing contract for <strong>the</strong> extension work to ascertain<br />
whe<strong>the</strong>r it is still valid <strong>and</strong> that <strong>the</strong> Bank is safeguarded<br />
from contract risks. The review should also involve terms<br />
<strong>and</strong> conditions with sub-contractors <strong>and</strong> consulting<br />
engineers. Maximum contract price <strong>and</strong> completion<br />
timetable should be agreed with <strong>the</strong> Contractor. Since <strong>the</strong><br />
Bank will continue to have major contractor such as Estate<br />
management <strong>and</strong> IT, it should consider developing Project<br />
Management Methodology as well as develop a programme<br />
aiming to build <strong>the</strong> Bank’s internal capacity to manage<br />
major contracts.<br />
___________________________________________________________<br />
Office <strong>of</strong> <strong>the</strong> Controller <strong>and</strong> Auditor General PA&oBs 2007/08 151