Sustainable Public Procurement Initiatives in Jamaica

 
Shaping The Future Through Sustainable Public
Procurement:
Special and Differential Treatment
Jamaica
 
This presentation will:
Briefly 
describe the Government of
Jamaica’s pathway to the inclusion of
SPP in the domestic legislation
Outline particular legal and procedural
rules related to the Special and
Differential Treatment regime
 
Share experiences/results
 
Objectives
 
2
 
A brief timeline
 
2008- 
Ministry of Finance together with Ministry with
responsibility for industry agreed on the need for greater
inclusion of MSMEs in government procurement
 
2010- 
Ministry of Finance through INGP and IDB
obtained funding to commission study of factors affecting
MSME participation in government procurement
 
2010- 
Stakeholder workshop involving MSME groups,
manufacturers and chambers of commerce
 
2015- 
Passage of The Public Procurement Act 2015 to
include relevant supporting objectives
 
2017- 
Approval of “Offsets Public Procurement Policy
Framework”
i. To serve as a sustainable form of social safety for
marginalized and disadvantaged groups who cannot
produce to compete with large local and global efficient
producers;
 
ii. To create local employment  to counter the challenge of
jobless growth and growth without equity
 
 
3
 
A brief timeline
 
 
2018- 
Promulgation of The Public
Procurement Regulations to include “Special
and Differential Treatment Measures”
 
2019- 
Preparation of draft policy to support
operationalization and passage of Special and
Differential Treatment Orders
 
2020- 
Commencement of pilot
 
4
 
S(5) The Public Procurement Act 2015 (as
amended)
The objects of this Act are to-
 
(i) encourage participation in public procurement
 
 
(ii) encourage growth by 
enabling
 the participation
of 
 
small, micro and medium sized enterprises in public
 
procurement
 
The legislation
 
5
 
Two orders pursuant to Regulation 44 and
Regulation 46
 
-
The Public Procurement (Domestic Margin of
Preference) Order 2019
-
The Public Procurement (Set Asides) Order 2019
 
The legislation
 
6
 
Regulation 41 of The Public Procurement
Regulations 2018
 
With the purpose of improving the distribution of wealth and
income within Jamaica, and to reduce costs of public
prcoruement, including the national developmental costs,
special and differential treatment measures may be applied
to a procurement proceeding to-
(a)
Encourage the participation of Jamaican suppliers in
public procurement opportunities;
(b)
Increase the cpaacity of Jamaican suppliers to compete
for procurement contracts; and
(c)
Develop Jamaican industries
 
The legislation
 
7
 
-
Applicable in International Competitive Bidding
-
Allows 20 per cent margin on bid price of
international bidder for the purpose of comparison
-
If Jamaican bidder’s price falls within the 20 per
cent margin, then contract is awarded to
Jamaican bidder PROVIDED THAT
-
Jamaican bidder includes at least thirty-five (35)
per cent domestic content
 
Regulation 43- Domestic Margin of Preference
 
8
 
Industry Set Asides
100 per cent of
government budget for
spend in certain industries
is set aside for Jamaican
suppliers
Jamaican only
competitions
Contract awards
according to normal
procurement methods
 
Regulation 46- Set Asides
 
MSME Set Asides
 
20 per cent of total
government budget is
set aside for MSMEs as
defined
MSME only competitions
using “rule of two”
Contract awards
according to normal
procurement methods
 
 
9
 
 
Experiences and results?
 
12
 
Thanks!
Any questions?
 
You can find me at:
           a
ndrei.bennett@mof.gov.jm
 
13
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This presentation outlines Jamaica's journey towards integrating Sustainable Public Procurement (SPP) into its legal framework, including special and differential treatment measures. It highlights key milestones such as stakeholder workshops, the passage of relevant legislation, and policy frameworks aimed at fostering social inclusion and supporting marginalized groups through public procurement. The focus is on promoting participation of small, micro, and medium-sized enterprises in government contracting.


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  1. Shaping The Future Through Sustainable Public Procurement: Special and Differential Treatment Jamaica

  2. Objectives This presentation will: Briefly describe the Government of Jamaica s pathway to the inclusion of SPP in the domestic legislation Outline particular legal and procedural rules related to the Special and Differential Treatment regime Share experiences/results 2

  3. A brief timeline 2008- Ministry of Finance together with Ministry with responsibility for industry agreed on the need for greater inclusion of MSMEs in government procurement 2010- Ministry of Finance through INGP and IDB obtained funding to commission study of factors affecting MSME participation in government procurement 2010- Stakeholder workshop involving MSME groups, manufacturers and chambers of commerce 2015- Passage of The Public Procurement Act 2015 to include relevant supporting objectives 2017- Approval of Offsets Public Procurement Policy Framework i. To serve as a sustainable form of social safety for marginalized and disadvantaged groups who cannot produce to compete with large local and global efficient producers; ii. To create local employment to counter the challenge of jobless growth and growth without equity 3

  4. A brief timeline 2018- Procurement Regulations to include Special and Differential Treatment Measures Promulgation of The Public 2019- Preparation of draft policy to support operationalization and passage of Special and Differential Treatment Orders 2020- Commencement of pilot 4

  5. The legislation S(5) The Public Procurement Act 2015 (as amended) The objects of this Act are to- (i) encourage participation in public procurement (ii) encourage growth by enabling the participation small, micro and medium sized enterprises in public procurement of 5

  6. The legislation Two orders pursuant to Regulation 44 and Regulation 46 - The Public Procurement (Domestic Margin of Preference) Order 2019 The Public Procurement (Set Asides) Order 2019 - 6

  7. The legislation Regulation 41 of The Public Procurement Regulations 2018 With the purpose of improving the distribution of wealth and income within Jamaica, and to reduce costs of public prcoruement, including the national developmental costs, special and differential treatment measures may be applied to a procurement proceeding to- Encourage the participation of Jamaican suppliers in public procurement opportunities; Increase the cpaacity of Jamaican suppliers to compete for procurement contracts; and Develop Jamaican industries (a) (b) (c) 7

  8. Regulation 43- Domestic Margin of Preference - - Applicable in International Competitive Bidding Allows 20 per cent margin on bid price of international bidder for the purpose of comparison If Jamaican bidder s price falls within the 20 per cent margin, then contract is awarded to Jamaican bidder PROVIDED THAT Jamaican bidder includes at least thirty-five (35) per cent domestic content - - 8

  9. Regulation 46- Set Asides MSME Set Asides Industry Set Asides 20 per cent of total government budget is set aside for MSMEs as defined MSME only competitions using rule of two Contract awards according to normal procurement methods 100 per cent of government budget for spend in certain industries is set aside for Jamaican suppliers Jamaican only competitions Contract awards according to normal procurement methods 9

  10. Experiences and results? 12

  11. Thanks! Any questions? You can find me at: andrei.bennett@mof.gov.jm 13

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