Procurement expert Collins Agyemang Sarpong says while Ghana’s Public Procurement Act, 2003 (Act 663) provides clear conditions for single-source procurement, practical budget constraints and timing of fund releases have contributed to its misuse in practice.

Speaking on JoyNews' The Pulse on Monday, he explained that provisions under Section 40B already outline circumstances under which single sourcing is permitted, including emergencies, force majeure situations, and disasters.

“In principle, the law is clear. If there is a catastrophic situation or force majeure, you can apply for single sourcing,” he said.

However, he noted that in practice, budget implementation timelines often create pressure on public institutions, leading to increased requests for single-source approvals, particularly between September and November when agencies rush to utilise funds before the end of the financial year.

According to him, delays in budget releases—often occurring mid-year or in the third quarter—leave agencies with limited time to execute procurement plans, encouraging the use of expedited procurement methods.

“You find that because of budget timing, many institutions rush to seek single-source approvals to avoid losing allocations at the end of the year,” he explained.

Mr. Agyemang Sarpong acknowledged concerns raised by the Public Procurement Authority (PPA) regarding ambiguities in the law but argued that the existing legal framework already provides sufficient guidance on emergencies and urgent procurement.

He, however, admitted that clearer definitions could help reduce disputes and inconsistent interpretations, particularly in defining what constitutes an “emergency” or “certificate of urgency.”

Using the COVID-19 pandemic as an example, he noted that genuine emergencies justify sole sourcing due to time-sensitive needs.

“At times like COVID-19 or natural disasters, you cannot go through lengthy procurement processes. That is where emergency procurement becomes necessary,” he said.

He cautioned, however, that overuse of single-source procurement in non-emergency situations has weakened accountability and created opportunities for abuse.

“It became an open cheque in some cases, and that is why stricter definitions and controls are now being considered,” he added.

Mr. Agyemang Sarpong expressed support for ongoing efforts to review and refine the law, saying clearer definitions would protect both the PPA and procurement entities by reducing ambiguity and improving compliance.

He concluded that the proposed reforms will help strengthen transparency and ensure that procurement decisions are better guided by law rather than interpretation gaps.