About independent monitors
Who are they and what they are monitoring
Within the “Integrity Pacts - Civil control mechanisms for safeguarding EU funds, Phase 2” project, developed at European Union level, Transparency International Romania and Institute for Public Policy monitor the Integrity Pacts implementation in two European funds implemented projects. Ministry of National Education and Scientific Research and National Agency for Cadaster and Real Estate Advertising are each the projects beneficiaries.
Transparency International The role of the independent monitorRomania is a nongovernmental organization recognized, nationally and internationally, for the work undertaken to develop a social culture of integrity. Founded in 1999 and affiliated to Transparency International - a global coalition dedicated to fighting corruption, Transparency International Romania has gradually developed its portfolio by: promoting the ethic and integrity standards in the private sector (Business Integrity Centre); developing programs for strengthening public institutions anticorruption capacity (Good Governance in public institutions); policymaking for justice at global level (Centre of Justice Expertize).
Over 120 ethics, integrity, decisional transparency, public policy themed studies and guides were developed within the organization from which we recall: Romania National Integrity Studies (three editions); The National Corruption Report; The Global Corruption Report (2005-2009); Report on Whistleblowing in Romania; Integrity guide in European funded contract implementation. Also, over 40 public policies and regulations elaborated and promoted by Transparency International Romania have been adopted by the Romanian authorities.
More information about Transparency International Romania can be found here: www.transparency.org.ro
More information about Institute for Public Policy can be found here: www.ipp.ro
The role of the independent monitor
The entity assigned as external monitor has the role to ensure that the Integrity Pact is respected (followed through), that the bidder and contracting authorities fulfill their assumed attributions (responsibilities). The monitor, with help from experts, when it is necessary for the contract in question, closely follows all stages of the contracting process and implementation of the contract, signaling any violations or concerns of those involved. Also, the independent monitor regularly prepares public reports on the transparency and fairness of the process in question.
Activities carried out by the monitor
In his activities, the external monitor:
- Examines documents, reports and the preparatory steps carried out by the authorities during the bidding process, to detect corruption risks.
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Examines and offers their own point of view in regard to the bidding process documents before their publishing, including tracking specifications that may be in favor of one or more bidders.
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Facilitates, promotes and takes part at public hearing.
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Participates at meetings held by the authorities and potential bidders.
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Monitors the Q&A sessions to verify if the information is available equally to all the bidders.
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Organizes, leads or facilitates meetings, training sessions etc. where the Integrity Pact is explained. Can, also, elaborate support materials.
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Verifies if the established bidding procedure is carried out in a rigorous manner
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Revises the winner announcement document to verify if the decision is grounded and may take part at the meeting that designates the winner.
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Inspects the construction sites, visits the contractor's premises and analyzes the reports drafted in order to identify the signs of possible irregularities during the execution of the contract.
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Analyzes the contractual amendments during implementation
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Keeps in touch with local communities or end-users of the contracted goods, services or works to collect information or complaints about the performance of the contract that could reveal cases of corruption
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Communicates with the superior management of the contracting authority about the irregularities he has found and, where necessary, with the judicial authorities
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Receives and deals with complaints related to the Integrity Pact and provides clarification in this respect
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Reports to the signatory parties to the Integrity Pact, the contracting authority, the NGO and the public opinion information on the monitoring process in accordance with the procedure approved for this purpose
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Can make proposals to improve the contract process, based on its own experience as an independent monitor.
The monitoring activity conducted within the scope of the Integrity Pact does not necessarily include the provision of monitoring services or quality control. Including these actions, the monitor’s tasks may become more difficult and may lead to a possible conflict of interest. In principle, during the execution of the contract, the independent monitoring entity supervises the integrity of the auditors and supervisors of the quality of services, goods and/or works. During the contract execution phase, most corruption risks are associated with bribery. In order to have positive and secure surveillance and audit reports, it is good to have a third party to supervise the whole situation. Therefore, it is recommended that the functions of the monitor be focused on two aspects: ensuring that the duties set out in the Integrity Pact are fulfilled and, respectively, protecting the transparency and integrity of the contractual process.