REGULATORY MISSION

The Regulatory Authority for Public Procurement is responsible for managing the regulatory system for awarding public contracts and public service delegation agreements.

As such, it is particularly responsible for:

  • Providing opinions, proposals, and recommendations in determining policies and developing regulations on public procurement and public service delegations;
  • Support public information sharing, the training of all actors involved in public procurement, the development of professional and performance evaluation systems for actors managing the awarding, execution, and supervision of public procurement services or public service delegations;
  • Conduct investigations, and implement procedures for independent audits;
  • Penalize irregularities found in the awarding or public contracts and public service delegations;
  • Settle non-judicial disputes that arise during the awarding of public contracts and public service delegations;
  • Offer opinions in the extra-judicial settlement of disputes arising during their execution.

The Regulatory Authority for Public Procurement may be charged with the performance of any duty relating to public procurement or public service delegations as assigned by the Government.

ADVISORY FUNCTIONS

Under its administrative and advisory powers, the Regulatory Authority for Public Procurement is charged to:

  • Identify, through a periodic assessment of the capacities of institutions in charge of public procurement and public service delegations, potential weaknesses in the public procurement code, and provide advice on recommendations or proposals for any legislative or regulatory measures that can be designed to improve the system with a view to economy, efficiency and transparency;
  • Carry out the reform and modernization of tools and procedures for the award of public contracts and public service delegations; promote the implementation of ethical mechanisms and integrity pacts by all actors in the system to proscribe corruption; study the impact of public procurement and public service delegations on the national economy;
  • Initiate the drafting and validate implementing legislation concerning the regulation of public procurement and public service delegation, including standard documents and procedures manuals in consultation with the Directorate General of the public procurement administration, technically competent ministries, and professional organizations as well as civil society.
  • Ensure, through advice and recommendations, the application of regulations and procedures relating to the awarding of public procurement and public service delegations and the management of standard documents; Contribute to the promotion of an environment conducive to transparent competition, business development, and the development of stable and effective national competence;
  • Disseminate all regulations on public procurement and public service delegations;
  • Provide information to the public and businesses on the process for awarding public contracts and public service delegations, by using its information systems and media to publicize procurement notices, contracts awarded, and the amounts and time frames for public procurement and public service delegations;
  • Plan and organize pre- and in-service training for public officials working on the awarding of public contracts and public service delegations by putting them in regular contact with the schools or training centers set up at national, sub-regional or international levels and that are specialized in the field of public procurement and public service delegations;
  • Collect and centralize all documentation and data relating to the award, execution and administration of public procurements and public service delegations for the creation of a database; collect copies of notices, authorizations, records, evaluations, contracts, and activity reports on good performance from contracting authority and client representatives; based on both the general public procurement rules and public service delegations and documentation received from clients and owners delegates;
  • Develop and disseminate regularly updated standard documents, procedures manuals and software packages; perform monitoring and evaluation activities by looking at indicators for the award and execution of public contracts and public service delegations;
  • Ensure the publication of a periodical review to inform the public of the activities of the Regulatory Authority for Public Procurement;
  • Promote transparency of the public procurement and public service delegation system, its procurement procedures, and its control and audit system; publish in this review, on a yearly basis, market forecasts;
  • Manage the website where all relevant information on the award and execution of public contracts are published.

AUDIT AND INVESTIGATION MISSION

As part of its audit and investigation responsibilities, the Regulatory Authority for Public Procurement is charged to:

  • Initiate any investigation relating to irregularities or regulatory violations committed with regards to public procurement and public service delegations and refer any infringements found to the competent authorities;
  • Participate in legal proceedings in line with its mission to ensure the respect by all actors in the system for public procurement and public service delegations regulations, including preventing corruption. Investigations are carried out by sworn agents of the Regulatory Authority of Public Procurement; whose recruitment, status, and powers are determined by a decree of the Head of the Government and supervision of these agents is provided by the Director General of Regulatory Authority of Public Procurement
  • Refer to or support, as a liaison agency, regional international organizations with matters of multilateral surveillance in public procurement or public service delegations;
  • Carry out technical and/or financial audits to control and monitor the implementation of the regulations on the award, execution, and administration of public procurement and public service delegations;
  • Order at the end of each fiscal year, an independent audit of a random sample of contracts and agreements, forward cases of regulatory violations to the competent authorities and develop detailed reports on the execution of contracts and agreements on the basis of the survey and audit results, and publish and transmit these to the appropriate authorities;
  • Receive complaints relating to irregularities in the procedure for awarding public contracts and public service delegations and address them through its Dispute Resolution Committee;
  • Transmit to the competent authorities violations of regulations or legislation that it finds on this occasion in relation to public procurement law, public service law, or competition law;
  • Ensure control of enterprise certification procedures and participate in the development of standards, technical specifications, quality management systems for contracts and public service delegations in line with harmonized community rules adopted by international and regional organizations to which Congo is a party.

DISPUTE RESOLUTION FUNCTION

Under its mandate to manage dispute resolutions, the Regulatory Authority of Public Procurement is tasked to:

  • Rule on the disputes between contracting authorities and the Directorate General of Public Procurement regarding the decision to cancel a request for tenders or a contract award;
  • Decide on the refusal of a contract approval by the competent authority;
  • Rule on disputes concerning the award of contracts, conditions of publication of request for tender notices, the participation and abilities of candidates and guarantees required of them, the choice of how to award a contract and the selection procedures, the compliance of documents requesting tenders to regulations and specifications, as well as disputes relating to the choice of evaluation criteria;
  • Decide on disputes relating to the certification of companies bidding for contracts in accordance with Article 57 of the Public Procurement Code.

DISCIPLINARY FUNCTION

Under its disciplinary powers, the Regulatory Authority of Public Procurement is tasked to:

  • Impose administrative sanctions on any candidate or tenderer who violates the regulations applicable to the procurement, execution and administration of public procurement and public service delegations;
  • Manage the remission of penalties for a delayed contract decided by the client or the client representative.

PROCUREMENT PORTAL MANAGEMENT FUNCTION

As part of its duty to manage the portal for public procurement and public service delegations the Regulatory Authority of Public Procurement is tasked to implement and manage, in the interest of public administrations and economic operators, a website dedicated to providing information on the law and practice of public procurement and public service delegations