8/8/20151 Presented By: B.RUGANINTWALI PASCAL President, National Independent Review Panel/Public Procurement REPUBLIC OF RWANDA

 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  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  Procurement Entities: Ministries, Departments, Agencies, state-owned enterprises responsible for procurement under the defined thresholds, etc 2

 Appeal Committee/Complaints Review Boards  Auditor General/Ombudsman  Parliament ( Public Account Committee)  State Prosecutors and Competent Courts of Law 3

 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 4

 Auditor General : 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.  Ombudsman:  - 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. 5

 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 8/8/20156

 Prosecutors: investigation of crimes and offences related to public procurement operations  Courts of Law: judging cases of breach of public procurement rules and procedures  Prosecutors and Courts: enforcement of public procurement rules and procedures by prosecuting, judging, proposing and applying penalties to non- compliants/defaulters to the procurement system 8/8/20157

 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) 8/8/20158

 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. 8/8/20159

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