The Performance Contracting
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Message from the PC Coordinator-Mr. Solomon Kili
Performance contracting is a construction delivery method option for public sector entities that has been available in many states for more than 25 years and provides tremendous benefits to those who use it. However, the benefits are typically discussed as savings to utilities and maintenance budgets. They are reviewed in technical terms only, not financial ones. But what are the financial benefits of performance contracting? More than a technical solution, performance contracting stands as a strong financial and economic solution for public sector entities in need of facility improvements. This article looks at how performance contracting reduces risks and increases value for owners.
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Review of PC Guidelines Review of PC guidelines is carried out to incorporate emerging issues and factor lessons learnt with a view to improve the process in the subsequent period. The review is carried out annually and is spearheaded by Public Service Performance Management Unit, through a consultative forum involving MDAs and other stakeholders.7.2 Pre-Negotiations Consultations During this stage, MDAs are required to create a common understanding of the scope of their operations, core business, financial and human resources, emerging issues and other factors that may affect performance. The consultations should also involve other Institutions whose operations may affect achievement of the MDA’s performance targets.
It is also during this phase that consensus should be sought on the nature and level of commitments and obligations of one MDA to the other. 7.3 Negotiation of Performance Contracts During this stage, it is ensured that performance indicators and targets are in line with priorities set by the government for each MDA, they support achievement of the mandate of the organization and are aligned to MTP III, Sustainable Development Goals, relevant Sector Performance Standards and the approved budget estimates for the financial year. The negotiated performance contract should be initialled by the negotiating parties and presented to the Public Service Performance Management Unit for vetting (quality assurance) before signing.
SOURCE: PC GUIDELINES 2019/2020RESOLUTION OF PUBLIC COMPLAINTS AND ACCESS TO INFORMATION
It is widely known and accepted that more often than not, grievances and complaints about institutional bureaucracies, whether arising from the public or from within the institution, tend to fall on deaf ears. The legal systems in place in many countries that aim to address such grievances are found to be inadequate as they are slow, expensive and far from being user-friendly.In addition, the courts of law may be in disarray, subject to corruption and defaulting in the rule of law.
The public complaints office within the institution provides an option for addressing such grievances. The office of public complaints gives individuals an opportunity to lodge complaints about the practices of the institution before an independent and expert government agency (Commission on Administrative Justice also known as the Office of the Ombudsman), in addition or as an alternative to utilizing existing provisions within the institution such as internal complaints handling procedures.
PURPOSE, FUNCTIONS AND PROCEDURES
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PURPOSE
The public complaints office receives and investigates allegations of maladministration to ensure effectiveness, consistency, fairness, public accountability and timeliness in handling complaints. It does not compete with the courts, or act as a further body to which those unsuccessful in courts can appeal.
FUNCTIONS
The primary function of the office is to resolve all public complaints received and submit quarterly reports to the Commission on Administrative Justice (CAJ) The office is to examine the following towards resolution of public complaints: • A decision, process, recommendation, act of omission or commission which is contrary to law, rules or regulations, departure from established practice or procedure, arbitration, injustice, biasness, oppression or discrimination, exercise of powers or the failure or refusal to do so for reasons of corrupt or improper motives such as bribery, jobbery, favouritism, nepotism and administrative excesses. • Neglect, inattention, delay, incompetence, inefficiency and ineptitude in the administration or discharge of duties and responsibilities Note: The above functions are indicative but not inclusive of all functions of the office. In view of the ISO 9001:2008 Quality Management System document under the administration procedure manual, there exist the procedure of handling complaints out of which the Public Complaints Committee (PCC) is deliberately appointed as the representative of the institution.
PROCEDURES
1. The HoD/HoS either receives a complaint from a complainant 2. The department/section complaints representative through the HoD/HoS register a complaint issue in the complaints register and investigate to establish the authenticity of the complaint issue 3. In the event that the complaint issue is not authentic, the department/section complaints representative dismiss it and remark in the complaints register and where need be inform the complainant 4. If the complaint issue is authentic, the department /section complaint representative shall undertake either of the following based on the nature of the complaint issue. a) Take an appropriate action and record in the departmental /section complaints register, or b) Refer the complaint to the PCC chairperson for deliberations. 5. Upon receipt of a complaint from department /section complaints representative, the PCC chairperson shall convene a committee meeting to deliberate on the complaint issue and determine the most appropriate action to address it. 6. The PCC chairperson shall ensure that the action(s) agreed upon by PCC is implemented and records maintained. 7. The concerned HoD/HoS shall institute a correcting action to ensure that the complaint issue does not recur. 8. On a quarterly basis the departmental /section complaints representatives shall prepare and table to the PCC reports on complaint issues handled in their respective departments/sections for preparation of quarterly reports to the Commission on Administration Justice (CAJ) Notes: a) Complaints can be channeled through the respective departmental/section complaints representatives OR using complaints box at Administration block OR e-mail address: complaints@eldoretpolytechnic.ac.ke. b) The Public Complaints Office is the final destination of all the complaints. c) Complaints may be submitted electronically, in writing or verbally in person. d) Complaints are resolved within thirty (30) days from the date of receipt. e) Appeal cases are finalized within thirty (30) days from the date of appeal.
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ACCESS TO INFORMATION CENTRE
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- CITIZEN SERVICE DELIVERY CHARTER
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- THE ELDORET NATIONAL POLYTECHNIC ORGANOGRAM
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- PUBLIC COMPLAINTS AND ACCESS TO INFORMATION BUDGET FOR FY 2019/2020
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