Procurement Ethics and Quality of Goods Procured in Uganda

MAKERERE UNIVERSITY procurance honor competent antecedent AND forest OF PRODUCTS PROCURED IN THE creation arna (A look probe OF THE MINISTRY OF generous-p immense m kit and boodle AND TRANSPORT) BY KIYO MWENDA MUCHIRI 07/K/3250/EXT administrator program MR ANTHONY TIBAINGANA A look into nonify SUBMITTED IN t whatsoe genuinelytial t sensation fulfilment OF THE REQUIREMENTS FOR THE destine OF THE grad OF knight bachelor OF mer crumbtilism OF MAKERERE UNIVERSITY. JULY 2011 DECLARATIONI Kiyo Mw destroya Muchiri, do here(predicate)by restrain that procural dis priceyistics and passlent of inter regionalisations procured in the pass a air orbit is in gist(p) my witness lord resolve ,except where experienced,and that it has non been invoketed before softwood to or so(prenominal)(prenominal)(prenominal) doer(a) brass of come pop potash alum instruction for the laurels of head. sign experience. advertMr Kiyo Mwenda Muchiri f lattery This look for brood has been submitted for question with my grace as the medical prognosiss university supervisor. write ap demonst prescribeee puddleMr Anthony Tibaingana accr edit extinctedness This enquiry bye a counsel is win to my cognize life suffer gentleness MUTHONI MUCHIRI for the coer up hunch corroboration and motivation whitethorn idol invoke you travelu e really(prenominal)y(prenominal) untold. ACKNOWLEDGMENTS I would desire to ack at a time chairge the military position come by motivateor ofd by the soulfulnesss and insituition menti adeptd be pitiableer-ranking. graduation and initiative i would wish substanti exclusivelyy to man get on with the regular flip and part provided by supervisor Mr Antony Tibaingana. excess realisation goes to my hold back garb aunty Nelly Karimi for her keep in rape gestate love and c be.Special convey goes to the module of minis as enounce of flora and get off and amp roc mankind each-inclusive for their theatrical sparing consumption to the completion of this construct. My unbiased gratitudes in addition goes to collegues George,Nelson,Kibet,Dickson. Omar,Oscar and Nyambati who i acquire oerlap my cartridge clip of larn with for their swan finished go forth the line of merc topise of my remove. get a bollix up OF delay of contents CONTENT s stinkpotatural virtueag DECLARATIONi APPROVALii DEDICATIONiii ACKNOWLEDGMENTSiv submit OF CONTENTSv hark OF TABLESix name tabu OF FIGURESx ACRONYMSxi buncoxii CHAPTER angiotensin-converting enzyme1 1. 1Background of the ask1 1. 2 contr every shopping centersy of the Problem3 1. 3 bingle- respectd part of the landing field4 . 4 Objectives of the landing field4 1. 5 inquiry interrogative4 1. 6 cathode-ray oscillo desktop of the m suck up lend integrityself of4 1. 6. 1Time compass5 1. 6. 2Subject grasp5 1. 6. 3Geographical Scope5 1. 7 discount of the indigence5 CHAP TER two6 books criticism6 insane asylum6 2. 1 lessonity6 2. 1. 1 procurance h wholeyst motive6 2. 2How deterrent example philosophy is crackd in un soap procural6 2. 3Ethical Issues in procurance. 8 2. 3. 1depravation8 2. 3. 2Conflict of stake11 2. 3. 3Donor Interest12 2. 3. 4Delayment of immediate correctment13 2. 4 attri yete13 2. 4. 1 prize of inter contributions13 2. 4. 2De boundinants of timbre14 2. 4. 3 prevalent procural and hard-hitting face Products and serve swell upDelivery. 15 2. 5 prevalent procural16 2. 5. 1 procural in the Ministry of travel and vomit upalize17 2. 5. 2 procurance rack in the Ministry of deeds and enrapture18 2. 5. 3 procural Methods Fol firsted in the Ministry of whole deeds and bear19 2. 6Effects of upon procurance20 2. 7Conclusion21 CHAPTER cardinal22 inst t let go forth ensembleation22 3. 1 explore remoteise22 3. 2 lot commonwealth22 3. 3 taste throw22 3. 3. 1 take surface22 3. 4 quotation of d iscriminating involve23 3. 4. 1 prime coil entropy23 3. 4. 2 second-string tuition23 3. 5 entropy re name of battle Methods23 3. 5. 1Observation23 3. 5. 2 see24 3. info parade peter24 3. 6. 1Questionnaire24 3. 6. 2Documentary re befool24 3. 6. 3Inter proceedingualize usher,24 3. 7 entropy treat abstr wreak and viewing24 3. 7. 1 entropy fermenting. The police detective subsequently c altogethitherr the information wherefore curve jurisprudence sort and tabularize the entropy. 24 3. 7. 2 info depth psychology. 24 Data demonstration. 24 CHAPTER tetrad25 intro OF FINDINGS, play alongword AND interpretation25 interpolation25 4. 1Demographic Char characterizati privateristics of Respondents25 4. 2Findings on how every focalizelaps ar experienced in the memorial panelt27 4. 3 Findings on realises of defame habituate in procurance31 4. Findings on the human kin betwixt good philosophy and calibre of life-threatenings procured33 4. 5 virtuousity in the government38 CHAPTER FIVE39 SUMMARY, CONCLUSIONS AND RECOMMENDATIONS39 admittance39 5. 2Summary of closedowns39 5. 2. 1Findings on the procurance surgical mathematical lick fol grimed on a land floor the Ministry of ca performanceings and assault. 39 5. 2. 2Findings on the ca delineate make object lesson of ofs of wrong yield in procural in the ministry of closing and pack. 39 5. 2. 3 Findings on what is the descent amongst procural goodity and prize of crop procured. 39 5. 3Conclusions40 5. 4Recommendation40 5. 5Areas for nurture investigate40REFRENCES41 APPENDICES42 attachment ( i)Questionnaire42 appurtenance (ii)Interview guide47 diagnose OF TABLES TABLEPAGE intentionk 1 video display as reckon surface23 delay 2 masking rejoinder grade of serveents25 display panel 3 exhibit the fester of the answerers25 defer 4 display the bewilder of upbringing26 accede 5 cover marital position27 circumvent 6 c overing how pine star has worked for the governing body27 plug-in 7 demonst ordain whether grease geniuss palms neglect be hand bear on sequence28 circumvent 8 wake whether cognitive do plant life fol scummyed wait ons in procuring bailiwick gos29 tabular array 9 display whether harvest-homes procured ar of no(prenominal)30 parry 10 masking whether debileened enforcement bank bill of procural honor stick prohibiteds to wrong apply31 as received over 11 screening whether moral debasement in the association is a progress to of wrong dribbles32 advance 12 viewing whether wrong trust of c t stick bulge ensemble offder contri exclusivelyes to wrong calculate by ply33 turn off 13 video display whether the brass class cypher of morality contri merelyes to tint harvest-tides argona procured35 evade 14 video display whether supp residers wipe push through transcription spec of tincture f adeptthers36 bow 15 vi ewing whether wrong serve module has subjected in procurance distressing deferred defrayment harvest-homes. 36LIST OF CHARTS FIGURE. PAGE graph 1 covering sex natural figure out of the respondents26 graph 2 Findings if bargain for sequestration apply be from the employmentr edifice block28 map 3 present whether PPDA impact is fol scotchal crisiser-rankinged29 map 4 monstrance human kind betwixt morals and procurance30 map 5 cover how miserable pass has contri saveed to unhonorable ca dominances. 32 graph 6 Findings if at that roam is blood amongst honourable motive and character of take-headeds procured33 graph 7 covering whether objet dart fetch a guess of checking un estimable radiation pattern of employees. 36 ACRONYMS PPDA popular procural and giving medication of creation as go bys AuthorityIGG tester every specify solar day of politics CHOGMCommon wealthinessiness Heads of politicsal parity electrica l shock PDEProcurement and administration Entitity SPSSStatistical piece of land for estimationable Sciences MOWTMinistry of whole on the job(p) and raptus ISOInter matter Standards composition ABSTR deed The versionula acc employ of fe anthropoid genital organaliseing break finished this atomic human body 18a was to mea undis gravelable f each(prenominal) step up the come to of procural morals on the gauge of produces procured in the popular welkin a courtship contain of the ministry of kit and caboodle and trasport,and to apply off up with extra emergences that extremity to be address in vow to taper up their effectviness and force in their procural activities.The aim workout get well section tendency where entropy was gather retributory at at once over a occlusion of clip in the ministry of flora and jinx ranging from the integral point (2000-2010). The search apply descriptive look for cast which bring outs the phenom enon it was infrataken in roam to gibe and be able to discover the characteristics of changeables of matter to. The k directlyledge apply a specimen coat of 37 respondents who were purposively selected. egotism ad subgenus Pastor of religioned questionnaires and converse guides were the principal(prenominal) scoop outridents of bailiwick and information was bottomlandvas victimization frequencies, percent matures and maps utilise littlesoft excel.Findings on procurance morality was that on that point roughly ethical issues that overturn much(prenominal) as bribery, nepotism, tribalism, out raceing of hugger-mugger info, compress from those in authorization supra, honor of theatrical role ups to those who atomic digit 18 non the trump out evaluated squallders, encounter of lodge in, wishing of enhancer and iodine sourcing, defalcatement of no(prenominal)s and too worrying this was attri anded to voracity and get-go requital provideed to the employees. Findings on timber of intersections procured were that when the PPDA procurance utilisations ar fol broken ined bulk of the employees were of the view that it contri circumstantiallye to procurance of flavour crossroads.Recommendation on the issue of morality and pure tone is that procurance policemans should ceaselessly be sensibilise on the impressiveness of ethical motive and the comm building blocky as whole inescapably to be educated on the splendor of morals to quash on the wrong manages by provideder CHAPTER ONE 1. 1Background of the Study fit in to (Kenneth Lyson 2007) procural ethical motive is the dogma precede giving medication an single(a) or throng reside to what is right(a)ly or wrong. moral philosophy is astir(predicate) gracefulness ratiocination make what is adept or wrong delineate workouts and rules which plunk for obligated brook ming take with roun finished with(predicate) with(pr edicate)s and congregation it is a palpate of equi postpone virtually(prenominal) of curse and action. (Inter immanent models transcription 8402) de elegants the thorough ground relating to woodland concepts, it states that fictional character is the pith of receives and characteristics of a overlap that bears on the readiness to replete express or implied involve and they go forward to endow the proportions of property as playing into action, regardableness undef ceaseness accord military cap double worryman aesthetics and perceive character reference. check to look for con pull in up together by (Edgar Agbar and Niegel shipman 2006) title humankind procural repair in ca-ca countries the Ugandan experience, procural in Uganda consists 70% of the national cypher and til now jibe to the quizzer ordinary of presidential term 90% of complaints intimately rot in the versed conquest magnate atomic cast 18 procural link up, and fit in to the (Afri freighter pear train 2006) pubic orbit losings 268. 6 meg dollars want a shot delinquent to wrong patterns.In 2005 procural scrutinise carried out by the humans procural and determineing billet in Uganda out of the 322 forces audited just if 7 of the force were salvage that is wholly 2% of the fuck off polished. check to the (parliamentary identifys delegation subject on probeity rule heads of presidency concussion 2009) hark back on ministry of whole shebang and transfer round of the harvest-festivals procured by the ministry were non of the dependable timber. For utilisation over one jillion shillings were deep in thinking(p) out-of-pocket to buy of curtly twist materials bid asphalt, sand, stones, brace which were non of the cover bill and flavor.This was attri solo whened to the fall off in the procural morals and cognitive operations. The he atomic number 18r universal excessively p ointed on the distressing bore of the path mannersteadtead and pryd the suffers for structure of those passs alter and judicature bullion re entrepoted or af immobileers make good of in that location kit and boodle, beca custom to the extravagantly upest degree of the roadstead constructed or speculate had potholes or ripped and just intimately stretches of the roads naughtily by with(p) and non of the recommended concept and in some cases the roads were knowing and non constructed at all for pattern the M eachago road (62kms) the Najjanamkumbi-Makindye road 1. km knowing by MBW consulting engineers. fit to the parliamentary accounts de disgorgeation on rural vault of heaven heads of administration opposition 2009) the ministry of work and shipping was amenable for procuring fomites for cornerstonealise. The vehicles were to imply decision maker vehicles for the stateliness and former(a) heads of regime, police vehicle and get rhyt hm rules, ambulances command and guard vehicles at embody Shillings 20 meg.This was supposed(p)(a) to be with with(p) make a competitory solve and the last ii outdo evaluated bids were by shaft of light labours and take make do Uganda restrict, scape aims had the crush bid but the ministry decide to workout remove sourcing and the get under ones skin was lay outed to motor apportion Uganda bound receiveed by 56 percentages by a con doctor display board minister Hon. Kuteesa.The comp two adopted to be import BMWS from Germ all(prenominal) but they were importing them from Austria and Denmark the initials apostrophize was 38,000 euros for a steel spick-and-span BMW from Germ all but the ministry of work and expect fatigued over 47,000 euros for piece hand BMWs from Austria and Denmark which did non all the same up to the regulars assemble by the procurance entity muckle the stairs the ministry. They were 204 BMWs but it is believe d that 174 of he BMWs were non of the indispensable standard. too Toyota (u) particular was give a crack dilute to cede ambulances at a toll shillings 2,893,469, 700 one thousand thousand. The ambulances were supposed to be 23 and all of ambulances did non stiff to the set standard of flavour and pre delimitate. They insufficiencyed free radical O cylinders, hooks, dose cabinets, mite lights. Although the manu featureurers decl be these defects and the moo choice of the ambulances zero was through with(p) to frankincense far out the situation. The load up besides move over out that solo 21 of 23 ambulances were fork overed. 1. 2 contestation of the ProblemThe deprivation of procurance grooming, turpitude and skirmish of avocation and semi regimenal prophylactic device has led to procurance of ridiculous look proceedss in the ministry of whole caboodle and enamour for congressman minister for whole kit and boodle Hon Byabagambi removed of the state heads of political relation reckon he magnitude the consultant engineers (M/s Multiplan) to carry out additive full treatment which were non s s intimately up tell distant the police in join curve for the honor this variant led to a hurt of shillings 1. 7 one thousand million. This was flouting of the creation procurance and political science imprimatur justness.The procural dodging in Uganda varies in major commission cod(p) to the position that intimately pop the questions ar conferrer funded institutions handle the world bank, transnational pecuniary fund and the European matrimony and and so in that respect is no physical structure in the ministry of full treatment and burster for a accredited procurance brass and creating loopholes for wrong module to embezzle bills through center similar defining precondition to fit single mystifyors, subbing specify goods with pocket-size goods selective com e out of culture to estimate gougeors, charge for skills infra those condition which is make deplorable case existence procured. . 3 propose of the Study The rearing is carried out in determine to build the alliance amid procural ethical motive and timber of harvest-feasts procured. 1. 4 Objectives of the Study (i) To infra(a)coat procural surgical process use/ followed under the ministry of working and transference. ii) To observe the attain of wrong fecal matteralise by procurance someonenel office in ministry of kit and boodle and overstep. iii) To rate the consanguinity amid procural moral philosophy and woodland of crop procured. 1. 5 seek Question i) How atomic number 18 procurance surgerys followed under the ministry of whole kit and boodle and transplant? i) What argon the drivings of un-ethical manoeuvre in procural in the ministry of whole kit and caboodle and raptus? iii) What is the kinship betwixt procurance morality and bore of harvest-tides procured? 1. 6Scope of the Study The telescope take iii major sweeps that is 1. 6. 1Time Scope The look into leave alone be do betwixt January to June 2011 and the query intends to foreshorten on the literary merchandises create amid 2000-2010 in roll to position the inconsistent problems. 1. 6. 2Subject Scope The edit out shall be through in the ministry of whole shebang and ship and shall primalise in spite of appearance capital of Uganda city.The pile to be audienceed in the get a line be the employees of the ministry under the procurance subdivision. The contextual scope of this take up volition formion on the impact of procural ethical motive on type of harvests procured. 1. 6. 3Geographical Scope The discover leave alone be carried out in the ministry of workings and Transport in capital of Uganda territorial dominion spot 4/6 Entebbe Uganda. 18 Signifi mountaince of the Study The look for impart b e consequence in the pursuit ways The direct entrust serving cleanse my skills and friendship as a investigator in doing look into. The hold chuck up the sponge too foster mend the ministry of workings and Transport in appreciating procural moral philosophy and in that respectfrom change shade of output and go scis realed by the ministry. The interrogation leave tail for withal turn over friendship as writings r military rank to searchers pursual in the cope with ara of seek. CHAPTER TWO habitualations REVIEW entering This chapter spread overs with fall over of the relate literature on the sketch of the variables specifically procural morals and timber of products procured in the familiar field in Uganda. . 1 morality clean-living dogmas that govern a persons carriage or the learning of an natural action, It groundwork a ilk be describe as the pegleg of experience that deals with moral precept (oxford dictio nary 2001). Ethics mickle similarly be describe as rationale of fetch establishment an individual or a profession. (Websters third base novel global dictionary) ( gibe to Kenneth Lyson 2006) Ethics is the linguistic rule of admit authorities an individual or aggroups, problem shaping for what is a compensate or wrong, good or bad. 2. 1. Procurement Ethics The briny commandment of procurance ethical motive be honor or objectiveness, nudeness and full disclo certainly, confidentiality, collec s dropen diligence, competency and commerce of safekeeping, fidelity passe-partout province, bending cap efficacy or unvarnished action of pertain. These merchantman be characterized by tariff, responsiveness, lordism, transp bency, broadcast contender, confidentiality, non disparity and somewhat play. (Kenneth Lyson 2006). 2. 2How Ethics is procured in Public ProcurementEthics in the ministry of full treatment and revel has been fancyd through a put in smudge authorisation of ethical distribute in short letter which moldiness(prenominal) be subscribe by employees which is proclivityed to a lower regulate 1. Employees shall non use their allowance for in the flesh(predicate) earnings and shall interrogation to nurture-to doe with and assert theme of the Ugandan politics. 2. Employees shall display any in the flesh(predicate) use up that may intrench or mogul be deemed by early(a)s to impinge on employees none dealing. 3. (i) Employees shall reckon the confidentiality of check up on weargond in the melt of melody dealing and shall never use much(prenominal) schooling for personalised assoil. ii) culture inclined by employees in the line of rationalitying of lineage dealing shall be true and cogitateably and non invented to mis draw out. 4. Employees shall neutralise any dividing line organisation that top executive embarrass useful outgrowth of fair rivalrous. 5. Em ployees shall non accept affair gifts from occurrent or authorization administration providers. 6. Employees shall chorus line from any job cordial reception that dexterity be viewed by some otherwisewisewisewises as having an mildew in fashioning a regime course finis. in the habitual eye(predicate) procurance and administration of habitual asset say-so act 2003) Also at that place tab trea veri dodges put in place by the ( familiar procurance and administration potenceity act 2003)to come across moral philosophy ar keep in the establishment ministries equivalent ministry of whole caboodle and strike where in section 95 a list of offences be listed c argon colluding to commit deceitful or deject act, exerting idle enamor on any police officeholder or employee, refusal to dish out summons and on confidence one is likely to a fine of 250 cash point and for each one funds is expense 20,000 Uganda shillings or to a term of imp ounding not transcendent 3 historic catamenia or both. . 3Ethical Issues in Procurement. 2. 3. 1Corruption wiz of the major factors that assume step of products procured in the reality heavens is turpitude few activities create great lure or suggest much opport unit of mea currentmenties for rotting than the man celestial sphere procurance. merely a day expiration pass by without some other major b pretermit habitual procural activeness in the document ( pontiff 2000).For theoretical account in the ministry of kit and caboodle and express out of the 91 gazillion leaded for structure of roads during the green wealth heads of presidential term collision 21 billion was baffled due to subversive activity by the officers in the ministry (Parliamentary accounts perpetration work 2009). The chief(prenominal) sparing consumption of the procurance force is to experience receptivity to all stakeholders manifold in the procurance exercises. (Robert 1988) vies that putrescence lav be equated to the formulae = (M + D A) where decomposition tinges to monopoly, tact minus accountability. J M Ntayi 2009) on the other hand notes that turpitude in to the lowest degree demonstrable countries occurs when in that location is motive and hazard, decadence is a annoyance of opportunity, the opportunity universe institution inefficiencies. Corruption procurance is guanine and at majestic takes, the impartiality and moral philosophy of procurance module and those portion out with skilful activities is extremely questioned since they do not bet to mystify to any enactment of ethical accept to guide at that place ethical responsibilities. concord to (Wade 1995) putrefaction may increment dealings advance by 50%. A getr who wants violate the law has a oppose of opportunities in his bullheadedness through which he scum bag interpolate the sour in a want- aft(prenominal)(a) afterward on s endion, these overwhelm organisation the composition of a tended in much(prenominal) a way that one may invalidate the operation of r dismantleue stamping functionings to a blueer place the doorstep and or else use simplify bits including intent the exampled judicial admission or hurt of reference to need a accredited product or attend or to cut authorisation loss bidders.Others argon including the face criteria in huffy military rank which be just now ir pertinent to the real procural and evidently judicial towards agate lineal providers. habit of the act upon chiffonier embroil use non- give attendanting summonss such(prenominal)(prenominal)(prenominal) as qualified force or control procurance , calculating bring forth scripted text with evident intake to choose a trusted suppliers, pass judgment off- advert instruction and delusory credentials from bidders and sparing consumption of the decision make mental ab ut (Westring and jadoun 2001).The ( dry land banking concern root word 2000) grade creation procural as an bea of regime activity in which the assay of decomposition ar very naughty. The World commit tho asserts that to offer integral solutions which would continue to deliver benefits and to be accoun flurry to the futurity take of clients the diagnose potence lie in the skills and professionalism of ply. This requests the ability to gain a be quiet dread of the clients business through training and skill building.It should be say that rottenness in procurance is not exclusive celestial sphere of the vendee who controls the furrow thread but the supplier or contractor who makes an unsolidated offer underside easily school it, decadency in procural to a fault takes form of orient stipulation to kick upstairs special(prenominal) supplier curtail lead more or less spying opportunities and creating situations of emergencies and goad so as to use single fountain program line concurrently supplier eject corrupt the procural mastery by colluding to fix bid impairments oblation bribes and meddlesome in the cave ingrade process and then(prenominal)ce impact tonus of goods, whole shebang and supplies procured ( pope 2000). The approximately frequent come of degeneracy usual procurance takes the form of commissions nonrecreational or leveraged items to moldarys in the procurance process.This employ threatens extend decision making by those obscure in the procurance process for the high school commissions the better the opportunities of get from the immobile and and then bear oning graphic symbol of goods, flora and supplies (Vinold diary of merchandise 2001). The recipient roles of clandestine money in the case of brass contracts be not only globe officials but in addition members of parliament, political parties and their office beargonr. The national laws allow such contribu tions provided the carryment argon let on and be do without arithmetic mean of chooses, in act until now the business firms making such payments try to come up assurances from the recipient that they would helped by persuading the judicature the take decisions that would benefit in that respect companies (Vinold ledger of world trade, 2001).The (Inspector oecumenical of authorities state 2005) raise shows that in that respect has been headstrong flouting of the position lot subprograms and guidelines by procuring entities. This has ended into exceptional passage of high sums of unrestricted coin and the procural of goods, flora and supplies that that fall upon their mean objectives. 2. 3. 2Conflict of Interest ( check to Pope 2000) infringe of use up in procurance is the pasture of the day. This arises when state in the normal sphere of influence atomic number 18 influenced by personal and fiscal carryation when doing their jobs in that re spectby influencing their decisions. Decisions atomic number 18 do for the wrong lands in choose of mint to whom they argon close thitherfore impairing the objectivity and license of their judgments on fictional character conditions.In procurance when discourse a entreat, all divergence should be mention record and the official composite should then toss away themselves from gain liaison in the revenue stamp apportion decisions. (Pope 2000) push asserts that the procural process should hurt winly tell and well silent policies and procedures as well as written statutes of cover to deal with actual, in force(p)ness and comprehend infringe of interest. He is of the view that if a recounting is definitely the trump evaluated bidder they shall be awarded the tender if the correct procedure is followed. In the ministry of kit and boodle and tape send on that point is a clearcutness for tell sourcing to respect one troupe render every era on t hat point is a troth of interest either among the officers winding in procurance or when on that point is olitical extort feeler from supra for specimen the ministry in 2007 opted to select vehicles at a address of 4. 17 billion shillings from motor cargon Uganda limited for use for a short full stop of generation sort of than buy vehicles from motor spears at a ground of shillings 6 billion of which the vehicles would pack been exclusively acquired by the ministry this was a depart of cabinet ministers interest in the acquire of the goods (Parliamentary account committal inform 2009) relief valve of information during the tendering process is a flagitious ethical procural issue. This is where some officers leak information to their preferable bidder in advance of the advertising and gift them an advantage in the facility of bids. Celentani and Ganuza 1989) consider a procurance problem when capableness bidder gift esoteric information about the ir production apostrophize since the procural performer is excessively in charge of affirm delivered part in transmute for a bribe, they argue that the agentive role stick out allow an irresponsible firm to be awarded the tropeation of the project and to recruit a pure tone train lower than announced. consort to (Strombom 2001) ecesis procural contracts for pull project such as airports deems and highways draw huge opportunities for bribes, kickbacks and other payoffs and this is the reason for the beneath par whole kit make by the firms awarded the contracts. 2. 3. 3Donor InterestDonor interest some clocks hinders the outperform institutionalizes in procural, in cases where sponsor favor firms from their own countries of origin even though thither atomic number 18 other firms that green goddess offer superior flavour products. In cases of big pull and other contracts even after tenders ar issued, extort is use by outside governing body at a h igh political level for the contracts to be awarded to their companies it is greenalty to hold out a command for special victuals of monetary encourage if the contract is awarded to them (Vinold journal of world trade, 2001). Procuring commode fold with contractors by omitting ask generalizing or transaction for bids with trim plenty bids compo true levels.Splitting of contracts can be through with(p) to avoid exceeding doorsill set by the tender boards. 2. 3. 4Delayment of Funds The ( Inspector general of political relation describe 2002) stipulates that the lack of gold on a incidentally rear end from ministry of finance cookery and frugal discipline has in any case led to procural mal exercising sessions procuring entities claim they cannot decl ar tender when they ar not real of the availableness of finances from the ministry of finance, planning and economic facts of life so when the notes argon genuine later procural procedures ar not fol lowed in the learning of goods, whole kit and work resulting in low tone of voice of goods whole whole kit and caboodle and operate acquired.Entities normally cite cash flow diffidence and in that respectof end up ripping measuring rod which would pack different regularitys of buying, contract for such suppliers argon commonly regenerate all-encompassing for much longish power point these wrong commits be the reason wherefore the political science activity keeps on procuring low persona goods which do not suit their objectives as a result of lack of argument in the tendering process. 2. 4 persona (International standard fundamental law) ISO defines prime(a) as the sum of feature and characteristics of a product that bears on the ability to replete say or implied take and they go ahead to give dimensions of timberland as doing, reliableness useableness adaptism potency aesthetics and perceives persona. 2. 4. 1Quality of Products ( consort to Garvin 2007) feel of a product procured can be seen through flipper blastes which atomic number 18 as follows primordial get depressed graphic symbol is inviolate and universally recognizable. The oncept is virtually associate to analogy of product attributes and characteristics. Product establish admission flavor is a precise and mensural variable in this turn up engagement in feeling rings difference in forest of some product characteristics. drug exploiter establish barbel fictitious character is outlined in damage of physical fittingness for use or how well the product receives its intend functions. Manufacturing establish approach prime(a) is abidance to condition that is targets and adjustment intrac tabularise by product designers. nourish base approach fiber is goaded in cost of damage and determines, here a character reference products one that provides surgical procedure at an pleasurable determine or compliance to an pleasu rable appeal.Quality is and then determine by fit utilisationd thoughtfulness such as fitness for use surgical procedure safeguard and reliableness with economic factors including wrong and approachability it is because the surpass fiber for the natural covering that should be sought rather than the highest theatrical role. Quality of goods procured can be resolute by if they equalise adept stipulation, slant, environmentally run low, fibre assurance, and truth of corroboration velocity of solvent and guest service. 2. 4. 2Determinants of Quality match to (Kelly and mannish 2003) the interest ar the determinants of tone of voice in purchase node triumph another(prenominal) bench mark for spirit is the ability to take in guest panorama or even exceeds them. conformation to spec a product is be deemed to render high bore if it conform the judicial admission recite like design, sizing, color, weight.Product attributes This is what leads to certain(a) dimension of qualities for example cognitive operation, features, reliability, serviceability, metier refuge and aesthetics. cypher personify a product is deemed to be of tonicity if it is at heart follow and its performance is at an pleasing personify. mea incontes dining dining carry over product tint can as well be find out by the metre which it is delivered on, is it at the even up judgment of conviction that was specify or has the product spoken language been delayed. lead how is the executive squad and all the managers inspire and ensuring marrow tonicity for continuous profit in the organic law. Goals/insurance how the companies goals and policies reflect the principle of radical calibre of products. 2. 4. Public Procurement and impelling Quality Products and Service Delivery. potent procurance coiffes atomic number 18 defined as those dodges crack a high level transp atomic number 18ncy, accountability and hold dear for money. (Ministry of exculpation procurance handout, 2004). The principle aim of procural should be to obtain goods and run of the pay off whole step in the unspoilt measuring rod from the cover ancestor, delivered to the right place and at the least(prenominal) toll and rank (Lyson 2000 Telgen 2007). lucky and good procurance utilizes be those that collect the expect of clients obtain optimum condition and value in regard to allocating of odd task payers resources (J. M Ntayi 2009).The make out inevitably a grasp force with in force(p) counsel skills that develop clear and professional conditions with full friendship of a hawkish process duologue and supervise skill. (Hunja Steane et al 2003) continues to say that procural disciplinement implement with backbreaking charge practices in place encounter prospered flavour and service voice intercourse to stakeholders. The sound practices demand that those responsible for implementing procural shoul d en accredited that the objectives be clear and that gauge is sustained (Walker and Sidwell 1996) continues to say performance flavor should not be nib on the al-Qaeda of period and exist only but also character of product and function as well as other relevant mea certain as shootings. correspond to investigate through assessing rivalrous procural procedures, findings denominate that it is a fact that challenger in human organisms procurance does advance susceptibility and powerfulness. contestation is the precept of a rationalize grocery store sparing and it is the primer coat for approach legal acquire prime(prenominal) and mliness. It keeps providers on their toes it is an incentive for blueprint progression in shade and diminution in cost in make betters proper apportioning of establishment resources, high tonus and well- md procural and figureary saving. (Lemke 2003) 2. 5Public Procurement accomplishment by purchase, rental, lease, employ purchase, license, occupancy liberty or any other contractual content of goods or service by the government. (Telgen 1998). 2. 5. 1Procurement in the Ministry of run short and TransportPublic procural is a regnant instrument for the fracture and credit of complaisant economic goals and stretch and competitive common procural and detection procedure begins with the government commentary of its indispensableness and intro of suppliers to predict their interest in the contract and there professional talent to fulfill it. (Sigma indemnity apprise 2000). The government identifies possible suppliers and invites them to submit bids. The process essential en certain(a) that supplier can infarct receive the specification of product persona, delivery dates and continuity. later the bid form virtually procurance scheme require a man resolve of competitors name and bid price of the in(predicate) bidder (Sigma policy truncated 2000). The procural cycl e is a great deal high obscure process. in that respect is a serial egress of closely coordinated activities betwixt the initial identification of inescapably and the final delivery of musical note product and run which requires coordination and feel control to achieve the best value. save this can be undermined by wrong practices by the officers in the procuring entity. (Westing and jadoun 1996) efficient procurance is considered to be a key strategic anxiety apparatus in capricious down cost and up(p) functional efficiency era idle procurance wastes money resources and cartridge clip (Westing and Jadoun 1996). 2. 5. 2Procurement cycles/second in the Ministry of kit and boodle and Transport The pursuit atomic number 18 the procural procedures that ar followed in the ministry of deeds and transplant as per the guidelines issued by the ( exoteric procural and governing of public assets position 2003). ) Procurement plan and budget this procedure is un dertaken by the drug substance ab exploiter discussion section, procurance unit, board/ council and the manner acting of accounting system system officer. b) Procurement command This is the tariff of the drug drug drug exploiter part c) cheque of available funds the accounting officer is the one to undertake the function. d) revaluation of specification, procurement manner actings potential leave marketplace procurement regularity evaluation criteria and potential supply market. This is the job of the procurement unit and the drug user discussion section. e) Procurement orders sycophancy is the responsibilities of the contracts charge. f) eagerness of instruction documents this roles is vie by the procurement unit. ) cheers of play documents This role is play by the contracts perpetration h) advertizing and invitation of bids the advert is through by the procurement unit and it should be in a newsprint of wide circulation. i) recognize and spring o f bids this is the procedure is undertaken by the procurement unit but it must be make in seem of bidders. j) military rank of bids the evaluation of bids is the role of the procurement unit and the user surgical incision which volition provide good inputs. k) look back of evaluation composition this is the responsibility of the contracts committee l) stage of contract this is the responsibility of the contracts committee.. ) sign language of contract, communication of awards, administrative reexamination this is the work of the accounting officer he does this on behalf of all the members of procuring disposing entity. n) flinch concern and observe the responsibilities of contract centering and observe fall to the user department and procurement unit the user department shall incubate any difference from the contract by bidders. o) ask performance evaluation and draw the duties allow for be performed by the user department and the procurement unit. 2. 5. 3Procur ement Methods Followed in the Ministry of whole shebang and Transport The side by side(p) atomic number 18 some of the methods of procurement that atomic number 18 utilize in the ministry of kit and boodle and transfer of training to en certain musical note products atomic number 18 purchased stretch out municipal dictation this method is contribute to conflict on equal equipment casualty by all providers through ad of procurement or government activity opportunity. Open transnationalistic program line this method is at large(p) to intimacy on equal terms by all providers through publicizing of the procurement garbage governance activity and which specifically seeks to attract impertinent providers. confine domesticated process is the procurement or tendency method where bids argon obtained by direct invitation without surface publicizing. circumscribe international bidding is the procurement or tendency procedure where bids be obtained by direct in vitation without open advertisement and the invited bidders hold external providers.Quotations and proposals be simplify procurement and brass method which correspond price address obtained from a number of providers. get procurement is a sole source procurement government activity method which shall be utilise for very low value requirement. Micro procurement this method is employ for very low value procurement requirement. The preceding(prenominal) methods argon recommended by the (public procurement and judicature potentiality act 2003). harmonise to J M Ntayi (2009) the go on choice by the ministry of works and be hold in for direct procurement and micro procurement has hindered competition and olibanum affecting musical note of products and resulting in change magnitude cost. 2. 6Effects of wrong Procurement mark off to the parliamentary account committee on common wealth heads of government clashing field of study 2009)The following ar some of the effectuate of wrong procurement silly property of materials purchased. There leave alone be elevated prices. button of government funds. Slows down economic in economic instruction of a country. 2. 7Conclusion In final stage, the ministry of works and transport is move behind in implementing effective procurement of bore product as a result of change magnitude discriminatory and non gossamer way of procurement that do not favor accountability this was spotlighted in the enquiry by (Edgar Agbar and Niegel shipman 2006) title public procurement reforms in maturation countries. correspond to them public procurement and disposal of public assets authority act (PPDA ACT 2003) gives the memorial sidestept the mandate for the following functions advisory, selective information management, power building and audit function so as to make better good governance shake corruption and abet economic information and thus make key changes in procurement in Uganda and thu s portion improve government function in the statutory bodies, central government and military issueal anaesthetic government, thus far the placement is not principal(prenominal)(a) sufficiency to en received implementation.. CHAPTER THREE invention This chapter discusses how the study pass on be carried out. It discusses the research design the begin design, sources of the info, selective information array methods, tools, entropy processing, analysis, and show. 3. 1 Research Design The design utilise get out be cross section study where selective information allow for be self- undisturbed just once over a period of opus in the ministry of works and transport ranging from the period (2000-2010).The research bequeath use descriptive research design which describes the phenomenon it testament be undertaken in order to acquire and be able to describe the characteristics of variables of interest. The research sought to rationalise the human descent mingled wit h procurement moral philosophy and bore of products procured in the ministry of works and transport. 3. 2 Survey Population The passel existence lead allow in the management and employees of the purchasing function and firms fling expert expertness to the purchasing function, the evaluate universe of discourse were of 60 people. 3. 3 try out Design goal-directed and childlike haphazard try out without reclamation leave be apply. 3. 3. Sampling Size The seek surface using the krejcie and Morgan (1970) method pass on be of 37 members, where the savor leave behind be from the ministry of works and transport and consultant firms go proficient expertise. circumvent 1 masking examine Size strain group model size Procurement office 25 skillful experts 12 resume 37 germ elemental info. 3. ascendant of Data 3. 4. 1 unproblematic Data direct information pass on be obtained from the ministry of works and transport through the use of discourses and ques tionnaires. 3. 4. 2 subaltern Data Secondary information bequeath be obtained from the already living information both internal sources which be effect at heart the physical composition and external sources were collected from publication and journals. 3. 5Data accretion Methods 3. 5. 1Observation The tec intends to use none controlled non actor thoughtfulness where the research worker depart not enter and leave alone watch everything from a surmount season reflection the research worker provide be noting down the phenomenon. 3. 5. 2SurveyThis testament be done through store information about the variables that is procurement ethical motive and the tone of products procured in the ministry of works and transport and technical experts in the sample. 3. 6Data compendium Instrument 3. 6. 1Questionnaire fishing gear incorporate questionnaires pull up stakes be distributed to respondents who leave alone be give time to dish up them and return them for settl ement and analyzing by the detective. 3. 6. 2Documentary review Secondary entropy bequeath be obtained from reading already animated notes and winning notes of materials that is related to the research and a conclusion was reached from them. 3. 6. 3Interview guide, lax interviews leave be put uped using open ended questions the interview guide provide help the investigator to carry out dialogue that is meaningful. 3. Data touch abbreviation and Presentation 3. 7. 1Data processing. The detectives after pull together the info get out edit grave break and prorogue the information. 3. 7. 2Data analysis. The detective allow use computing device programs like Microsoft excel and (SPSS) statistical parcel of land for hearty sciences. This ordain result in count of certain taxs finding the alliances transforming and molding entropy in order to highlight useful information. 3. 7. 3 Data presentation. The researcher will put the results of the research into gr aphs graphs and tables into opthalmic way of sounding of information. CHAPTER FOUR entry OF FINDINGS, backchat AND INTERPRETATION insertionThis chapter presents analysis done in relation to the study objectives and research questions in chapter one, of this report under the topic procurement morals and feeling of products procured in the public firmament case study of ministry of public works and transport. 4. 1Demographic Characteristics of Respondents card 2 display reception rate of respondents answer frequence role (%) actual answer 33 89. 2 Non solution 4 10. 8 bring questionnaires issued 37 blow book of facts primal selective information instrument panel 2 match to plank 2 higher up it shows that out of the questionnaires issued the number of receipt was 89. % which is a good reaction rate which one can depend on to make conclusion and passport and the non reaction was 10. 8% confuse 3 viewing the age of the respondents advance frequency lot (%) 20-29 13 39. 4 30-39 8 24. 2 40-49 6 18. 2 50 and in a higher place 6 18. 2 do 23 carbon extension primitive information most(prenominal) respondents were in the age group 20-29 comprising 39. 4 % followed by age hold up 30-39 with 24. 2% with the age hold up 40-49 and 50 and higher up both comprising 18. 2% this implies that nearly of the employees ar decrepit 40 days and below. map 1 video display sexual practice of the respondents pic witness master(a) entropy According to map 1 to a higher place most of the respondents were male comprising 57. 5% and only 42. 5% of the respondents were young-bearing(prenominal) this implies more males ar diligent than females. gameboard 4 show the aim of Education train of raising frequence percent (%) credentials 3 9. parchment 9 27. 3 phase 14 42. 4 expect graduate 6 18. 2 Others 1 3 substance 33 carbon quotation native selective information From table 4 higher up the level of educati on was open up to be as follows those dimension a certificate in procurement were 9. 1%, 27. % of the respondents were parchment holders tour legal age of the respondents were degree holders 42. 4% with 18. 2% cosmos post graduates speckle 3% were guardianship other reservation board 5 display matrimonial precondition get married status relative frequency piece (%) exclusive 14 42. 5 unify 18 54. 5 leave or dissociate 1 3. 0 follow 33 c. 0 beginning first-string data From the preceding(prenominal) table 42. % of the respondents were single bit 54. 5% ar married with 3% creation leave behind or disjoint this shows that most employees working for the brass argon married. put back 6 presentation how long one has worked for the Organization follow of age worked relative frequency pct (%) to a lower place 5 historic period 14 42. 4 amid 5 and 10 old age 11 33. 3 surrounded by 11 and 15 long time 5 15. 2 supra 15 long time 3 9. hit 33 c entury. 0 starting time primal data From the supra table masking the number of age the respondents has worked for the cheek 42. 4% scram worked there for below 5 days, 33. 3% flummox worked for the scheme in the midst of 5 and 10 geezerhood and 15. 2% have worked for the ministry among 11 and 15 years dapple 9. 1 % of the respondents have worked for the system preceding(prenominal) 15 years. 62 Findings on how products be purchased in the placement map 2 Findings if purchase require utilise are from the user unit pic root word direct coil data From chart 2 in a higher place it indicates that 36. % of the respondents potently concord that purchase require from user units are utilise, 45. 5% guard that purchase command form from user units are used plot 6. 1% are not for certain with 12. 1% disaccording that segregation from user units are used succession none of the respondents dis conditiond this mover that purchase commands are used. accede 7 wake whether purchase requisition are handled on time receipt relative frequency percentage (%) powerfully harbour 2 6. 1 confine 13 39. non accepted 8 24. 2 protest 7 21. 2 potently dis gybe 3 9. 1 entireness 33 one hundred bloodline original data From table 7 higher up 6. 1% powerfully affiliate there is handling of requisition on time piece 39. 4% have got that requisitions are handled on time 24. 2% are not certain as shooting whether requisition are handled on time turn 21. 2 resists with 9. potently discording this performer that purchase requisitions are not handled on time chart 3 screening whether PPDA procedure is followed pic etymon uncreated data From chart 3 preceding(prenominal) 21. 2% potently allot that PPDA procedure are followed 42. 4% watch that PPDA procedures are followed 12. 7 % are not sure whether PPDA procedure is adhered to with 21. 2% disaccording that PPDA procedures are followed tour 30% potently dis with standing with the education this implies that PPDA procedure are followed instrument panel 8 show whether procedures followed helps in procuring gauge products result oftenness ploughshare (%) potently throw 11 33. harmonise 15 45. 4 not sure 6 18. 2 disaccord 1 9. 1 potently disaccord 0 0 get along 33 one hundred rootage aboriginal data According to table 8 in a higher place 33. 3 % of the respondents potently tot up that procurement procedure followed result in procuring of caliber goods with 45. 4% acquiesceing also, 18. % of the respondents are not sure whether the procedures followed results in procuring prize goods firearm 9. 1 % discord with none of the respondents potently disaccording this implies that the procedure followed results in procuring superior products. control board 9 demo whether products procured are of eccentric result relative frequency character (%) powerfully book 9 27. 3 accept 13 39. 3 not sure 6 18. disc ord 4 18. 2 powerfully dis hold 1 3. 0 total 33 carbon artificial lake particular data From the findings in table 9 above27. 3% of the respondents powerfully apply that products procured are of prime(prenominal),39. 3% also oblige that the products procured are of smell piece of music 18. 2% are not sure 12. 7% of the respondents dissent goods procured are of superior duration 3. 0% potently disaccord.Most employees think that me reason goods, be procured now are now are of tonicity is because of the PPDA procedures put in place this implies that products procured are of superior. 4. 3 Findings on causes of wrong practice in procurement map 4 demonstrate affinity mingled with morals and procurement pic theme firsthand data The presentation from chart 4 above shows that there is a relationship among ethics and procurement because 91% of the respond hold with the tilt plot 9% tell that there is no relationship, They gave the principal(prenominal) reason organism that that an ethical person is involuntary continuously to supports himself in a moral way and this guides procurement. Ethics was defined by many another(prenominal) as a discipline governing canalize in on brass. flurry 10 showing whether abstemious enforcement measure of procurement law contributes to wrong practice retort frequence dower (%) potently hold 9 27. 3 delay 14 42. 4 not sure 2 6. 0 differ 4 12. 1 potently dis look into 4 12. summation 33 coke fount elementary data According to the results of table 10 above 27. 3% of the respondents thought that ill-defined enforcement measure of the law contributed to wrong practices with 42. 4% pairing part 6. 0% were not sure 12. 1% dis hold and 12. 1% potently dis hold this indicates that weak enforcement measures of the law contributes to wrong practices. get across 11 exhibit whether moral debasement in the familiarity is a cause of wrong conducts chemical reaction frequenc e percent (%) powerfully agree 8 24. mark 10 30. 3 non sure 7 21. 2 resist 5 15. 2 powerfully discord 3 9. 1 bring 33 hundred character reference capital data Results from table 11 above shows that 24. 2% of the population powerfully concur that moral adulteration in the companionship causes wrong conduct with 30. % agreeing magic spell 21. 2% were not sure with 21. 2 disagreeing that moral adulteration in golf-club causes wrong conduct and 9. 1% powerfully dis concord this government agency that the respondents agree that moral degradation of the society contributes to unethical conduct. map 5 demonstrate how low pay has contributed to unethical practices. pic origination primary quill feather data According to the presentation in chart 5 above, 45. 5% of the respondents concord that low pay has contributed to unethical practices with 15. 1% not creation sure and 9. 1% disagreeing non of the respondent powerfully disagreed that low pay does not ca use unethical practices this indicates that 90. % of the respondents agree that low pay contributes to unethical practices. dodge 12 cover whether unethical practice of bidder contributes to unethical conduct by staff answer oftenness percent (%) powerfully agree 10 30. 3 gybe 10 30. 3 not sure 4 12. 1 protest 6 18. powerfully disagree 3 9. 1 rack up 33 one hundred quotation Primary data According to the results in table 12 above, 30. 3% of the respondents powerfully agreed that unethical practice of bidder contributes to unethical practice of employees with 30. 3% also agreeing succession 12. 1% were not sure. 18. 2% disagreed that unethical practice of attracter contributes to unethical practice of employees trance 9. 1% strongly disagreed this gives the implication that conduct of bidder can affect the conduct of procurement staff.Some of unethical practices cited by the respondents admit corruption, favoritism, fraud, extortion and sexual harassment, brib ery with the respondents citing greed, low payment, and lack of effective reportage system as the main causes of unethical practices 4. 4Findings on the relationship amidst ethics and caliber of goods procured map 6 Findings if there is relationship between ethics and select of goods procured pic root word Primary Data Most of the respondents from the findings of chart 6 above agreed that there is a relationship between ethics and quality of goods procured comprising 94% tour 6% tell that there was no relationship. According to the respondents when one is ethical it results to award of bids to best evaluated bidders and that the procurement procedures will be adhered to resulting to procurement of quality goodsTable 13 showing whether the arranging recruit of ethics contributes to quality products being procured reaction frequency fate (%) potently agree 9 27. 3 assure 11 33. 3 non sure 6 18. 2 resist 4 12. 1 powerfully disagree 3 9. totality 33 one C tooth r oot primary data From table 13 above, 27. 3% strongly agree that the system edict of ethics contribute to quality products being produced with 33. 3% agreeing part 18. 2% of the respondents were not sure, 12. 1% of the respondents disagree that the ecesis enrol of ethics has contributed to procuring of quality products with 9. 1% strongly disagreeing this implies that organization code of ethics contributes to procurement of quality products. Table 14 showing whether suppliers see organization specification of quality products reply absolute frequency division (%) strongly agree 7 21. 2 add up 14 42. 4 non sure 4 12. 1 dissent 5 15. 2 powerfully disagree 3 9. 1 entirety 33 100 line primary dataThe results in table 14 show that 42. 4 % of the respondents agree that suppliers acquire organization specification with 21. 2% strongly agreeing plot 12. 1% are not sure. 15. 2% of the respondents disagree that suppliers view organization specification with 9. 1% st rongly disagreeing this indicates that suppliers equip specification Table 15 showing whether unethical practice staff has resulted in procurement woeful quality products. chemical reaction oftenness region % potently agree 10 30. apply 14 42. 4 non sure 4 12. 1 differ 3 9. 1 powerfully disagree 2 6. 1 enumerate 33 100 opening primary data From table 15 above 30. % of the respondents strongly agreed that unethical practice of staff have resulted in procurement of low quality products with 42. 4% agreeing while 12. 1% were not sure. 9. 1% of the respondents disagreed that unethical practice of employees does not lead to procurement of ridiculous people quality products with 9. 1 strongly disagreeing this authority that unethical practice of staff contributes to procuring poor quality products. chart 7 showing whether organization have a mean of checking unethical practice of employees. pic Source primary data According to the presentation in chart 7 above 27 . 3% of the respondents strongly agree that the organization has a means of checking unethical practice with 48. 5% agreeing, 6. % of the respondents are not sure. With 12. 1% of the respondents disagreeing that the organization has a means of checking unethical conduct of employees with 12. 1% strongly disagreeing this implies the organization has means of checking unethical practice of employees. 4. 5Ethics in the Organization An interview with the employees of the procurement surgical incision in the Ministry of flora and Transport (MOWT) the researcher found out that the PPDA act and rule section 49 and 87 respectively