Presented By:
B.RUGANINTWALI PASCAL
President,
National Independent Review Panel/Public Procurement
REPUBLIC OF RWANDA
3/22/2016
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Procurement
Regulatory
Bodies
responsible
for:
ensuring compliance of the procurement law and regulations,
conducting training and capacity building to officials handling
public procurement,
proposing amendments and revisions on procurement law and
regulations,
providing advice on technical issues related to procurement, etc
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National/Central Tender Boards responsible for:
handling high value procurement operations and prior reviewing
procurement decisions from procurement entities based on
thresholds specified in procurement law and/or regulations, etc
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Procurement Entities: Ministries, Departments, Agencies,
state-owned enterprises responsible for procurement under the
defined thresholds, etc
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Appeal Committee/Complaints Review Boards
Auditor General/Ombudsman
Parliament ( Public Account Committee)
State Prosecutors and Competent Courts of
Law
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Responsible for administrative review of protests related to
decisions/activities of the procuring entities;
They have authority to examine the procurement proceedings to
conform to the applicable law and regulations;
Appeal Committees/Panels act as ‘administrative courts ‘in the
preliminary/first stage;
Compared to courts, appeal Committees/Panels help to resolve
complaints in a timely and cost effective manner ,
Appeal Committees/Panels promote accountability within
Officials responsible got handling procurement operations;
Necessary for “Checks and Balances” in the Public Procurement
System
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Auditor General:
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Ombudsman:
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assess the economy, efficiency and
effectiveness of public procurement operations and give an
opinion on whether they add value to the government ’s service
delivery or there was misconduct/abuse of public procurement
operations by procurement entities.
- Review complaints on cases of corruption and injustice from and
at all stages of procurement and contracting process;
- Although Ombudsman’s Office does not have the authority to
cancel or change the terms and conditions of contracts, in some
cases , it may be able to recommend compensation for the loss met
by the appellant/defendant against the procuring entity decision.
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Constitutional mandate to oversee Executive Organ
(reviewing reports submitted by Auditor General &
Ombudsman and follow up on recommendations)
Promoting accountability ( constituency outreach and
public hearing)
Proposing and approving procurement laws
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Prosecutors:
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Courts of Law:
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Prosecutors and Courts: enforcement of public
investigation of crimes and offences
related to public procurement operations
judging cases of breach of public
procurement rules and procedures
procurement rules and procedures by prosecuting,
judging, proposing and applying penalties to noncompliants/defaulters to the procurement system
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Specialized procurement authorities play a key role in
defining pro-development procurement policies
because they independently assess how the principles
of transparency, equal treatment, genuine competition,
efficiency are being implemented across government
and they help to reduce the risks of fraud and
corruption in government spending
Assisting government to streamline procurement
procedures (enactment and enforcement of laws and
regulations)
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Advise the government on how to curb corruption
loopholes in public procurement rules and procedures
Oversight over implementation of procurement rules
and enforcement of penalties related to procurement
crimes and offenses
Are central to initiate policies promoting accountability
in managing public finances/money and property
They help to ensure that government spending achieve
the intended development and poverty reduction
objectives through maximization of available and
budgeted scare resources.
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