The finance ministry again violates procurement law with criteria set for AQP executive director competition

Based on the competition's publication, MPPT has not respected the Law on Public Procurement (LPP), which has determined legal steps on how the executive director of the AQP is elected.

What are the violations?

Four-year contract time

The LPP stipulates a maximum period of 3 years for long-term contracts. MPPT has requested a four-year contract, which is clear violation of legal provisions, Democracy reports, broadcasts Periscope.

Education Qualification

The LPP requires that candidates be lawyers, economists or other professionals with university degrees. MPPT has limited only the Economy (Despite specialization), Jurydic, or Public Administration. This restriction can be interpreted as discrimination and restriction of competition, since it excludes other profiles that may be acceptable to the law.

MPPT has specified <x0.0m of primary education (Bachelor)” and has not clearly mentioned that even a higher degree (as Master) is acceptable. This could create confusion and potentially be used to exclude qualified candidates with the Master.

Lack of Procuration Experience Request

The LPP requires procurement officials to have considerable experience in the field of procurement. MPPT has not established this as a criterion, which brings in disagreement with legal requirements and enables inexperienced individuals to take positions that require specialized expertise.

The ministry had said that for this competition it has attended the legal provisions that it envisions regulation for job classification in civil service. But the Public Procurement Law (LPP) has higher power than an internal regulation for systematisation of jobs, and has specifically preceded the selection of the AQP executive director.

In law order, legal acts have a clear hierarchy:

The Constitution: The highest judicial act.

Laws are passed by the Parliament and have higher powers than any other underground act.

Sublaw Acts (Hins, Orders, Decisions) These must be in accordance with the law and cannot overcome or change it.

In this case, the Public Procuration Law clearly defines criteria for procurement officials, including the duration of contracts, qualifications and experience. A regulation for systematisation of approved jobs cannot change or challenge the requirements of the law.

What does this mean for the specific case?

If the regulation has established requirements that conflict with the Law on Public Procurement, then it is illegal and should not be implemented. MPPT cannot justify the LPP's violations based on a regulation, as a sublaw has no power over a law adopted by the Parliament.

MPPT requirements are not in line with the LPP, they should be revised to avoid legal violations and the possibility of complaints by candidates or supervisory institutions.

According to Law No. 04/L-042 P THROUGHING PUBLIC REPUBLICA BOOK, modified, and fulfilled with the Law No. 04/L-237, Law No. 05 L-068 and Law No. 05 L-092, Article 96 “Eminence, Displacement and Subsusion of AQP Director”:

• AQP will be managed by a director appointed for a period of three (3) years.
• Director The AQP will be named in accordance with the procedure specified in the civil service law for appointment in senior leadership positions.
• The director will have equal positions with the Secretary General and will submit to all legal provisions pertaining to civil servants in senior leadership positions.
• No person can be proposed, appointed or served as AQP Director if he cannot participate in a procurement activity because of any of the provisions of Article 65 of this law.
• The director must meet one of the following criteria: he is a lawyer, an economist, or another professional with university degrees and considerable experience in procurement.

Competition First

The Ministry of Finance, in the competition declared in 24.07.2024, exceeded the legal provisions for the qualifying criteria, bypassing the experience of procurement and changing the term of the director's mandate to the announced AQP Executive Director competition in four years.

The deadline for application has been -- 24/07/2024 -- 22/08/2024.

Criteria:

• First-level higher education (Bachelor) degrees in Jurydic or Economics (without specification).
• English - speaking knowledge at B2 or higher levels. Recognition of these languages is attested to by certificates from a local or international accredited institution, studies followed at a local university in these languages or at a university abroad in this language, or work experience in organizations where English is the official language of communication.

The required work experience:

• At least eight (8) years of professional work experience, including one of the following requests:
  • (5) Years of work experience in leadership positions, or
  • Four (4) years of work experience in management positions and second - rate degrees of higher education (mister), or
  • Three (3) years of work experience in management positions and third grade degrees of higher education.

At the time, civil society had written:

The finance ministry has exceeded legal provisions for qualifying criteria, bypassing performance experience criteria in the field The procurement, and changing the term of the principal's mandate to the announced AQP Executive Director competition.

The ministry had said that for this competition, it has followed the legal provisions that it envisions the Law for Public Officials and the regulation of the job classification in civil service.

“Before the announcement which will first be revised the legal base and all general specific and formal requirements for office, we inform you that the announcement of the Central Procure Authority Competition has been made in accordance with all relevant legal provisions. Some of the relevant legal provisions are: Law No. 08/L-197 for public officials, Article 49 . Adjust (QRK) No. 06/2024, point IV that envisions even general formal requirements for the High Leadership. ”

But according to civil society, AQP It was founded with the Law on Public Procurement and provisions mentioned by the ministry are not valid. So the executive director's position and mandate should be in line with the Procure Law.

The competition for executive director of the Central Procurement Agency remained open until August 22nd, as duty management opened after 3 years. The competition is canceled.

Finance ministers today have re-declared the AQP Director's competition.

Critters the second time announced today, 19,03.2025

With a warrant. 4 years old

First-level higher education degrees (Bachelor): Economics (Despite specialization), Jurydic, or Public Administration.

The required work experience:

At least eight (8) years of professional work experience, including one of the current demands:

c.1.) 5 (5) years of work experience in leadership positions, or

c.2.) Four (4) years of work experience in management positions and second - rate degree in higher education (ster), either.

C.3.) Three years of work experience in management positions and third - rate degree higher education (doctorature). /Democracy. com/