SLA_MoIL_2022[436]
SLA_MoIL_2022[436]
3 (a) Existence of (a)The sector has a clear -Collect Road and Water sector
sectorial policies and well-articulated strategies, operational manual and
and strategies sectorial development review
that are clear strategy accompanied by Is there both a medium and long
and well- the related operational term sectorial development
articulated to documents, for the strategy
facilitate the medium and long term. What is the core message of the
determination strategy
of sector What approaches will be used in
procurement the strategy to support the Road
needs. and Water sector coverage in the
country
How procurement can help towards
achieving the sectorial strategy
(b)The principal types of Is the sectorial strategy identified
public procurement as principles governing public
well as their technical procurement
requirements or Is the technical requirement in the
characteristics, are Road and Water sector clearly
identified in the sectorial stated in the sectorial strategy and
strategy or in the operational documents
applicable sector How is this sectorial strategy
operational documents. streaming procurement in the Road
and Water Sector
Is there a sectorial strategy in the Road
and Water Sector
3 (b) Sustainable (a)The country has a currently, PPPA planned to develop SPP
Public policy/strategy in place to policy/strategy, check the progress of
Procurement implement SPP in support this initiative. Refer the core MAPS
(SPP) in the of broader national policy findings.
sector -Is there SPP requirement in the public
procurement procedure related to
Road and Water Sector
-What are the requirements for SPP
(b)The SPP Is there SPP implementation plan
implementation plan is Who manages the SPP
based on an in-depth implementation plan
assessment of appropriate How effective is the application of
tools and systems that are SPP in the Road and Water Sector
in place to operationalize, What is the additional time and
facilitate and monitor the budget resource requirement to
application of SPP implement SPP
(c)The legal and regulatory Is there SPP provision in the legal
framework allows for framework
sustainability (i.e. At what stage is the SPP considered
economic, environmental, during the procurement process
and social criteria) to be Is there SPP criteria in the bidding
incorporated at all stages documents
of the procurement cycle
(d)The legal provisions Is the SPP criteria crafted to ensure
require a well-balanced VFM in the legal framework
application of What kind of aspects are covered in
sustainability criteria to the sustainability criteria
ensure value for money. Is the criteria in accordance with
the capacity of the bidders or
impose more criteria that is not
applicable
3 (c ) Environmental (e)The country has a Collect the 10 years strategic plan and
and Socio- policy/strategy in place to other documents if any and review
economic implement its socio- against the criteria
development economic development Is there a policy in place related to
aspirations aspirations, as defined environmental and socio-economic
herein, in support of Does the socio-economic policy
broader national policy support the national policy
objectives objectives
(f)The implementation Is there an implementation plan for
plan for the socio- the socio-economic activities
economic initiatives is What are the tools and systems
based on an in-depth used to prepare the
assessment and implementation plan
appropriate tools and
systems, clearly defined,
are in place to
operationalize, facilitate
and monitor their
application
(g)The legal and Does the ES legal framework allows
regulatory framework the procuring entities to apply
permits the consideration sustainability criteria
of sustainability criteria in What was the benefit of applying
public procurement the criteria in the procurement
process
(h)The legal provisions are Is the ES legal provision related to
consistent with primary SPP criteria consistent with the
objectives of public objective of public procurement
procurement and ensure How far the ES team communicates
value for money. with procurement team in relation
to such criteria
3 (d) Public (a)clearly established. Identify and collect regional, sub
procurement- regional, continental and international
related agreements that are having impact on
obligations procurement in general and in the
deriving from Roads and water sector in particular.
binding COMESA agreement, Treaty for Africa
international, Continental Free Trade Area, UNCAC
regional and sub etc
regional (b)consistently adopted in Is the agreement included in the
agreements laws and regulations and country laws and procurement
relating to the reflected in procurement polices
sector are policies. Are the obligations extracted from
the international/Regional/sub
regional agreement properly
considered the country context
4 (a) The legal and (a)Annual or multi-annual -Collect supportive documents and
regulatory procurement plans are review.
framework, prepared for the sector, to -Assess budget reporting processes and
financial facilitate the budget report on contract completions. As part
procedures, and planning and formulation of this, review the implementation of
systems for the process and to contribute the recently issued project
sector, provide to multi-year planning. administration proclamation in the
for the planning commission.
following: Do you have sector strategies that
serve as a basis in Formulation of
annual or multi-annual budgets?
Do the sector strategy determine
the multi-year planning, the
associated operating plans for each
fiscal period and the procurement
of goods, works and services
necessary to implement the plans?
Do you prepare annual
procurement plans?
Do you prepare multi-year
procurement plans? (if so for how
many years and how do you roll it
every year?
How the annual and multi-year
procurement plans contribute to
the budget planning &
formulation?
How do you get reliable cost data
to plan the annual and multi year
budget
Do you update the procurement
plan as the budget gets
updated/revised?
(b)Budget funds for the Are the budget/funds committed or
sector are committed or appropriated timely to cover the
appropriated in a timely entire contract commitments for
manner and cover the full the budget period? if there is a
amount of the contract (or practice of delay, how long it get
at least the amount delayed from the beginning of the
necessary to cover the budget year?
portion of the contract How you cover if there is a shortfall
performed within the of budget?
budget period). Have you had any experience that
you delayed or did not make
payments because funds were not
budgeted and timely released?
(c)A feedback mechanism What is your reporting mechanism
reporting on budget on budget execution, in particular
execution is in place, on completion of major contracts?
especially regarding the What is the means to control
completion of major budget execution/expenditure
contracts in the sector. Is there a follow up on the
recommendation based on the
submitted financial report
4 (b) The legal and (a)No solicitation of Does the law prevent not to initiate
regulatory tenders/proposals takes procurement without certification
framework, place in the sector on the availability of funds? If
financial without certification of which law?
procedures, and the availability of funds. Who is authorizing solicitation of
systems tender? How do the authorizing
applicable to body get certification on availability
the sector of funds?
ensure that: Discuss with the relevant officials
the tender process, whether
budget availability is confirmed
before issuing tender.
What is the evidence to ensure the
availability of funds to execute
contracts
(b)The national What are the procedures for
regulations/procedures processing of invoices, an
for processing of invoices authorization of payments? Are
and authorisation of they publicly available?
payments are followed in What process do you follow to
the sector, are publicly make payments to invoices? Please
available and clear to make the documents for some
potential bidders payments available.
Is there a procedure in the national
regulation for processing submitted
paymentsAre the payment
procedures clear to the potential
bidders?
Was there any effort made to make
the payment procedures clear to
the bidders?
Was there a delay in effecting
invoices/payments and related
complaints from the bidder
5 (a) Status and legal Review the legal and regulatory
basis for the framework against development and
normative validation of technical standards in the
functions two sectors. Review reports and discuss
entrusted to the with sector experts if the technical
sector agencies. norms respond to the needs of the
country, what is missing etc and if it
doesn’t affect transparency and
competition in the sector
(a)The legal and Which institution (s) is (are)
regulatory framework responsible for development and
specifies the normative validation of technical standards in
function of development the sector?
and validation of technical
How technical standards are
standards in the sector
developed in the sector
Does the legal and regulatory
framework includes provision on
how to develop technical standards
What kind of technical standards
are available in the sector
If there is more than one regulatory
institution, does the legal
framework clearly assign the
normative/regulatory function
without gaps and overlaps? If not
what gaps and overlaps have you
observed?
What is the degree of coordination
between the regulatory
authorities?
If there is more than one regulatory
institution, what are the technical
standards developed by each
institution?
(b)The technical norms Do the technical norms respond to
respond to the needs of the need of the country?
the country.
If not, what are the gaps that need
to be addressed by the technical
norms
Is the technical standard developed
for the Road and Water sector
satisfies the national requirement
What is the means to check the
quality of the technical
standards/norms.
Are the norms updated and who?
(c)The use of the technical What is your opinion on the effect
norms does not affect of technical norms on competition
competitivity and and transparency?
transparency.
What is the impact of using
technical standards/norms in the
procurement process
Does the standards preclude the
participation of both international
and domestic bidders
6 (a) Definition, (a)Procuring entities are In which of the law is your entity
responsibilities, clearly defined. specified as a procuring entity?
and formal
Are the entities properly defined in
powers of
the legal framework
procuring
entities in the (b)Responsibilities and Does the legal and regulatory
sector. The legal competencies of procuring framework clearly define the
framework entities are clearly procuring entity’s responsibility and
applicable to defined. authority of procurement?
the sector Is the legal framework clearly
provides for the stipulates the roles and
following responsibilities of the procuring
entities
What level of competency is
required to meet by the procuring
entities
(c)Procuring entities are Is there a provision in the legal and
required to establish a regulatory framework that require
designated, specialised the procuring entity to establish a
procurement function designated, specialized
with the necessary procurement function that include
management structure, awarding and executing contracts;
capacity, and capability acceptance of contractual
obligations and initiating payments
etc?
Is there a clear procurement
structure in the procuring entity
What is the hierarchy in the
procurement management
Is there a capable and full-fledged
procurement unit
How is the procurement unit of the
procuring entity organized: its
structure, staffing, capacity, and
capability of the staffs?
(d)Decision making Is there a provision in the legal and
authority is delegated to regulatory framework that require
the lowest competent to delegate decision making
levels consistent with the authority to procurement staff and
risks associated and the other government officials to
monetary sums involved. exercise responsibilities in the
procurement process ?
Is the provisions for delegating
authorities consistent with the risks
associated and the monetary sums
involved?
Is there a proper capacity
identification when assigning
responsibilities
What is the limit of monetary sums
and risks used as a basis to assign
responsibility
(e) Accountability for Is there provision that clearly
decisions is precisely specify the accountability for
defined. decision?
Internal audit staffing, professional
composition, its functioning,
familiarity of the internal auditors
to the sector
Who takes the lead in passing
decisions
Is there an accountability system
for every decisions made
How applicable is the
accountability provisions
6 (b) Centralized (a)The country/sector has Is there a centralized procurement
procurement considered the benefits of arrangement in the sector
body establishing a centralised Is the benefit form such
procurement function in arrangement compared with other
charge of consolidated options
procurement, framework `Is central procurement for FA,
agreements, or specialized consolidated procurement and
procurement for the specialized procurement
sector recognized in the public
procurement
(b) In case a centralised
procurement body exists, Is the legal and regulatory
the legal and regulatory framework properly
framework provides for prepared to address the legal
the following: status, responsibilities
• Legal status, funding, including decision making
responsibilities, and powers
decision-making powers Is the legal status, funding,
are clearly defined. responsibilities and
• Accountability for accountability precisely
decisions is precisely defined.
defined. Do the head of body
• The body and the head bestowed with high level
of the body have a high rank in the government
level and authoritative structure
standing in government
(c)The centralised Is there a structured organizational
procurement body’s arrangement for central
internal organization and procurement
staffing are sufficient and Is the structure fit enough to
consistent with its handle all the responsibilities
responsibilities. Is there a sufficient staffing with
the required qualification and
experience
Is there staff turnover and reason
for staff turnover
7 (a) Publication of (a)Information on Do you disclose or publish
public procurement, in the procurement information on
procurement sector, is easily accessible website or other media that
information in in media of wide has wide circulation?
the sector circulation and availability. Is the procurement information
supported by Information is relevant, helpful and complete for all
information timely and complete and interested parties
technology. The helpful to interested Is there an adequate
sector uses an parties to understand the information on the
information procurement processes procurement process through a
system that and requirements and to wide circulated media
meets the monitor outcomes, results Is there a means to monitor
following and performance. outcomes, results and
requirements performance through the use
of proper media
Is the published information
relevant and timely?
Is the published information
relevant for monitoring
outcomes, results and
performance?
(c)Horizontal SPP
objectives are converted
into evaluation criteria for
offers that facilitate equity
in the treatment of
candidates and that
ensure predictability and
transparency in the
consultants’ recruitment
process
(d)Consultants’ Is there a practice of estimating the
recruitment rates conform cost of consultants’ recruitment
to cost estimates and are rate before floating bid for
in line with the objectives consultancy service?
defined in horizontal Is the consultants’ recruitment rate
procurement policies consultants’ recruitment rate
conform to the cost estimate and
are in line with the objectives
defined in horizontal procurement
policies?
Is the award price higher or
abnormally low as compared to the
cost estimate?
Is there any risk of bid rigging?
(e)Major systemic Is there any initiative/study that
obstacles limiting access has identified the major systemic
of the national and obstacles which limit access of the
international private national and international private
sector to the consulting sector to the consulting service
services market are market?
identified and appropriate If so, what are the identified
measures have been systemic obstacles that limit access
defined to stop them. of the national and international
private sector to the consulting
service market consulting service
market?
Is there an appropriate measures
defined to stop the systemic
obstacle?
Do you have any suggestion as a
remedy for the systemic obstacle?