| 48 |
Is the public procurement process effective? |
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48a:
In law, there are regulations addressing conflicts of interest for public procurement officials.
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| Score: |
YES |
NO |
 |
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Comments:
References: Article 13 of the law 54/2005, dated of Dec. 13.
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48b:
In law, there is mandatory professional training for public procurement officials.
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| Score: |
YES |
NO |
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Comments:
References: Article 14 of the law 54/2005, dated of Dec. 13.
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48c:
In practice, the conflicts of interest regulations for public procurement officials are enforced.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Many companies bidding for public tenders, mainly in roads construction, are owned by senior government officials, including ministers who are the ones responsible for awarding the contracts.
References: Jose Munguambe, lawyer and researcher at the Center for Public Integrity (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.
Reading weekly papers (Savana, Zambeze, O Pais) only covering 2007
Peer Review Comments: I concur with the Social Scientist's comments that government officials have interests in many companies. In Mozambique, as is the case in several sub-Saharan African countries, government officials believe that political power must be supported by economic power. So they get interests in businesses, which leads to conflict of interest in public procurement. As the government is responsible for enforcing regulations related to public procurement, it is easy to see why the process is flawed.
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48d:
In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials.
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| Score: |
YES |
NO |
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Comments:
References: There is no legal provision for it.
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48e:
In law, major procurements require competitive bidding.
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| Score: |
YES |
NO |
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Comments:
References: Article 30 of the law 54/2005, dated Dec. 13.
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48f:
In law, strict formal requirements limit the extent of sole sourcing.
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| Score: |
YES |
NO |
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Comments:
References: Article 30 of the law 54/2005, dated of Dec.13.
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48g:
In law, unsuccessful bidders can instigate an official review of procurement decisions.
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| Score: |
YES |
NO |
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Comments:
References: Article 131 of the law 54/2005, dated of Dec. 13.
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48h:
In law, unsuccessful bidders can challenge procurement decisions in a court of law.
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| Score: |
YES |
NO |
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Comments:
References: Article 131 of the law 54/2005, dated Dec. 13.
Peer Review Comments: Unsuccessful bidders can challenge procurement decisions in court. However, since the procurement process is flawed because of extensive conflicts of interests, chances of an effective outcome to their actions in court are slim.
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48i:
In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.
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| Score: |
YES |
NO |
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Comments:
References: Article 131 of the law 54/2005, dated Dec. 13.
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48j:
In practice, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Interview with Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique, held on Aug. 17, 2007.
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| 49 |
Can citizens access the public procurement process? |
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49a:
In law, citizens can access public procurement regulations.
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| Score: |
YES |
NO |
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Comments:
References: Article 30 of the law 54/2005 dated Dec. 13.
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49b:
In law, the government is required to publicly announce the results of procurement decisions.
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| Score: |
YES |
NO |
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Comments:
References: Article 30 (2) of the Law 54/2005, dated of Dec. 13.
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49c:
In practice, citizens can access public procurement regulations within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Interview with Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique) held on Aug. 17, 2007.
Reading various daily/weekly papers (Savana, Zambeze, O Pais, Domingo, Noticiais).
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49d:
In practice, citizens can access public procurement regulations at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Interview with Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.
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49e:
In practice, major public procurements are effectively advertised.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Interview with Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.
Reading various daily/weekly papers (Savana, Zambeze, O Pais, Domingo, Noticiais).
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49f:
In practice, citizens can access the results of major public procurement bids.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Interview with Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.
Peer Review Comments: I should add that the citizens who have an interest in accessing the results of the bidding process (few citizens indeed) will find ways of getting the information. The majority may be unable to access such information, but they don't actively seek it either, as they don't have a clearly defined vested interest in the results.
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