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PUBLIC PROCUREMENT IN RWANDA AND ITS CHALLENGES

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

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PUBLIC PROCUREMENT IN RWANDA AND ITS CHALLENGES

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  1. PUBLIC PROCUREMENT IN RWANDA AND ITS CHALLENGES Presented By: RPPA RPPA

  2. 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 theNational Tender Boardin 1997 The 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, RPPA

  3. Ministerial Order nominating members of Independent Review Panels Law 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) RPPA

  4. Background (cont’d) The Ministerial Order N° 002/08/10 MIN of 15/05/2008 fixing the thresholds for public procurement entities RPPA

  5. KEY FEATURES OF THE PROCUREMENT LAW RPPA

  6. FUNDAMENTAL PRINCIPLES • Transparency, • Competition, These fundamental • Economy, principles are the base of • Efficiency, Rwanda P. Procurement • Fairness, and system and cornerstone • Accountabilityof the PPL. RPPA

  7. ... • Accessibility of Procurement regulation,SBDs:www.ntb.gov.rw, www.primature.gov.rw • Procurement Planning • Communication in Public Procurement • Record of Procurement Proceedings RPPA

  8. … • 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 RPPA

  9. Provisions on conduct for procurement officials • Anti-corruption measures • Conflict of interests • Confidentiality RPPA

  10. 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 RPPA

  11. ORGANIZATION OF PUBLIC PROCUREMENT ORGANS • Rwanda Public Procurement Authority • Independent Review Panels • Establishment of a Procurement Unit RPPA

  12. 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 RPPA

  13. RPPA Organisation….. • Director of RPPA: Daily administration of the institution • Core Departments: - Procurement Dept - Monitoring & Audit Dept - Legal Dept RPPA

  14. 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 RPPA

  15. Organs And Mechanisms For Review • Right to review (bidders’ right) • Review by the procuring entity • Independent Review Panels: • District level • National level RPPA

  16. 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 RPPA

  17. 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 RPPA

  18. 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 RPPA

  19. 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 RPPA

  20. 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 RPPA

  21. 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. RPPA

  22. 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); RPPA

  23. 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. RPPA

  24. 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 RPPA

  25. 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 RPPA

  26. TRANSITION PHASE:SUMMARY ON THE COMPETENCE THRESHOLD RPPA

  27. 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 RPPA

  28. Good procurement=DevelopmentThank you RPPA

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