public procurement in rwanda and its challenges
DESCRIPTION
PUBLIC PROCUREMENT IN RWANDA AND ITS CHALLENGES. Presented By: RPPA. Background to Procurement Reform. The Ministerial Order nominating members of Independent Review Panels he Royal Decree of 25/2/1959 relating to public tenders; Establishment of the National Tender Board in 1997 - PowerPoint PPT PresentationTRANSCRIPT
04/19/23 RPPA 1
PUBLIC PROCUREMENT IN RWANDA AND ITS
CHALLENGES
Presented By:
RPPA
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Background to Procurement Reform
The Ministerial Order nominating members of Independent Review Panels he Royal Decree of 25/2/1959 relating to public tenders;Establishment of the National Tender Board in 1997The Presidential Order Nº28/01 of 19/07/2004 establishing public procurement procedures;The Ministerial Order N° 002/06/10 MIN of 07/08/2006 fixing the thresholds for public procurement entities,The Law N° 12/2007 of 27/03/2007 on public procurement,
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Ministerial Order nominating members of Independent Review PanelsLaw N° 63/2007 of 30/12/2007 Establishing, determining the Organisation, Functioning and Responsibilities of the Rwanda Public Procurement Authority,
Ministerial Order N°001/08/10/Min Of 15/01/2008 Establishing Regulations on public Procurement and Standard Bidding Documents;
SBDS: Large works, Small works, Goods, Consultant services (big assignment & Small services)
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Background (cont’d)
The Ministerial Order N° 002/08/10 MIN of 15/05/2008 fixing the thresholds for public procurement entities
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KEY FEATURES OF THE PROCUREMENT LAW
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FUNDAMENTAL PRINCIPLES
• Transparency,• Competition, These fundamental • Economy, principles are the base
of• Efficiency, Rwanda P. Procurement • Fairness, and system and cornerstone• Accountability of the PPL.
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...
• Accessibility of Procurement regulation,SBDs:www.ntb.gov.rw, www.primature.gov.rw
• Procurement Planning• Communication in Public Procurement• Record of Procurement Proceedings
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…• Auditing the Conduct of Procurement
Proceedings and Contract execution • Currency used in bidding • Joint ventures • Packaging tenders (lots)• E-Public Procurement• Language used in Public Procurement
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Provisions on conduct for procurement officials
• Anti-corruption measures
• Conflict of interests
• Confidentiality
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Debarment of bidders
• Debarment : false information (2) years collusion (3) years fraudulent pricing, connivance (3) years poor or non-performance (1) year• Procedures for debarment
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ORGANIZATION OF PUBLIC PROCUREMENT
ORGANS
• Rwanda Public Procurement Authority
• Independent Review Panels • Establishment of a Procurement Unit
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RWANDA PUBLIC PROCUREMENT AUTHORITY (RPPA) ORGANISATION
• Board of Directors - Members from civil society
- Members from the private sector - Members from the Public
institutions - Director of RPPA as Secretary of
Board
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RPPA Organisation…..
• Director of RPPA: Daily administration of the institution
• Core Departments:- Procurement Dept
- Monitoring & Audit Dept - Legal Dept
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INDEPENDENT REVIEW PANEL
• Independent• National & Local Panels:• National Panel appointed by Minister of
Finance• Local panels appointed by the local
administration• Composition of the members:
- Members from the Civil society- Members from the Private sector- Members from Public institutions
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Organs And Mechanisms For Review
• Right to review (bidders’ right)
• Review by the procuring entity
• Independent Review Panels :
District levelNational level
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Acceptance of the request for review
• 1° Identification of the complainant: names address and telephone number;
• 2° Identification of the procuring entity;• 3° Decision against which the review is
requested;• 4° Date on which the decision was taken and
when the complainant became aware of it• 5° The organ to which the review is addressed;• 6° Signature or thumb print of the applicant;• 7◦ Payment slip for appeal fee• 8◦ Copy of trading licence
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ESTABLISHMENT OF THE PROCUREMENT UNIT
(DEPARTMENT)• Provided for in the new law to be set
up in every institution & local administration
• The current status is a Tender Committee in every institution & local administration composed of members from other departments of the institution and a recruited procurement officer
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Acceptance of the request for review
• 1° Identification of the complainant: names address and telephone number;
• 2° Identification of the procuring entity;• 3° Decision against which the review is
requested;• 4° Date on which the decision was taken and
when the complainant became aware of it• 5° The organ to which the review is addressed;• 6° Signature or thumb print of the applicant;• 7◦ Payment slip for appeal fee• 8◦ Copy of trading licence
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SANCTIONS FOR THE VIOLATION OF PUBLIC
PROCUREMENT RULES
• Violation of Public Procurement rules and code of conduct : (6-12 mths imprisonment) and 500,000 Rwf
• Splitting of tenders and violation of debarment rules: Disciplinary sanctions and a fine of 300,000Rwf
• Influence peddling in public procurement: (6-12 mths imprisonment) and 500,000 Rwf
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WAY FORWARD FOR PUBLIC PROCUREMENT REFORM IN
RWANDA
• PPR TF (Public Procurement Reform Task Force)
• Road map & Strategic plan• RPPA (Rwanda Public Procurement
Authority)• Transition phase of three year after the
publication of the law establishing RRPA in the Official Gazette
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DEVELOPMENT OF A STRATEGICPLAN FOR PROCUREMENT CAPACITY
BUILDING IN RWANDA 2007-2010
• Pillar I: Reform of the legal and statutory framework;
• Pillar II: Strengthening the Capacity of Central Institutions;
• Pillar III: Improving operations and encouraging private sector participation;
• Pillar IV: Improving the Integrity of the System: Audits, appeal and corruption fighting.
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CAPACITY BUILDING
• Technical assistance in procurement• Long term formal training leading to a
diploma delivered by a Rwandan higher education Institution (in the pipeline)
• Short term training, seminars and workshops
• Establish professional norms and standards (in the pipeline);
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CAPACITY BUILDING…
• Propose a system of performance evaluation;
• Specify recruitment and promotion criteria ;
• Put in place a program of permanent training;
• Ensure existence and updating of standard documents ;
• Ensure generalized and compulsory use of standard documents.
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CURRENT CHALLENGES TO PUBLIC PROCUREMENT IN
RWANDA
• Capacity building: - Lack of training institutions - Lack of professionalism
and certification in the procurement discipline
- Frequent change of jobs by procurement officers
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CURRENT CHALLENGES TO PROCUREMENT IN
RWANDA…
• Review mechanism• - There is a culture of the bidders
not contesting the decisions of the procuring entities (esp. at local administration)
• - Lack of follow-up mechanism to verify whether the decisions of the IRP are followed by the PE
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TRANSITION PHASE: SUMMARY ON THE COMPETENCE THRESHOLD
PROCURING ENTITIES
MoD & NEC RPPA
≤ 100,000,000 Rwf185, 000 USD
≤ 150,000,000 Rwf278, 000 USD
>200,000,000 Rwf>370, 000 USD
[100,000,000 -200,000,000 Rwf]185, 000- 370 000 USDPrior review/non objection- RPPA
[150,000,000 -200,000,000 Rwf]278, 000-370, 000 USDPrior review/Non objection-RPPA
-
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RPPA Mission after the transition phase of three years after the
publication of the Law establishing RPPA
• Regulation• Monitoring • Capacity building/Training• N.B: No more procurement at
central level
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Good procurement=Development
Thank you