2001年-世界发展银行全球_Ukraine___Country_Procurement_Assessment_Report_58页_430kb

Ukraine Country Procedure Assessment Report (CPAR) Summary

Core Content

This report provides an assessment of Ukraine's public procurement system, focusing on legal and regulatory frameworks, institutional structure, implementation challenges, and recommendations for reform. It also evaluates the performance of Bank-financed projects and the role of the private sector in the procurement process.

Main Objectives

• Diagnose the public procurement system in Ukraine.
• Assess compatibility of the country's laws, policies, and procedures with international best practices.
• Review compliance with procurement laws and regulations.
• Identify areas for improvement in the procurement system.

Legal and Regulatory Framework

• Ukraine began drafting comprehensive public procurement legislation in 1996, with support from the EU TACIS program.
• The World Bank and USAID provided technical assistance in 1997 and 1998, respectively.
• The 2000 Public Procurement Law (PPL), enacted on 22 February 2000, and effective from July 2000, marked a significant step towards establishing an open and transparent national procurement system.
• Key features of the law include:
  • A decentralized procurement system, allowing ministries, agencies, and state enterprises at different levels to conduct their own procurement.
  • Competitive procurement procedures at national and international levels, with support for domestic industries through a domestic price preference scheme.
  • Transparency through open access to information on bidding opportunities.
  • Monitoring and enforcement via the establishment of the Public Procurement Office (PPO).

Implementation and Challenges

• The 2000 PPL has led to increased competition, with the use of Open Tendering rising from 64% in 1999 to 82% in 2000.
• Despite these achievements, implementation challenges remain:
  • Inconsistent application of the law due to inadequate clarity in some provisions.
  • Weak institutional capacity at the oblast and local levels, where procurement expertise is limited.
  • Need for accreditation of qualified procurement staff.
  • Inadequate training for public officials, especially at the oblast and local levels.
  • Need for harmonization with international legal norms, particularly those of the EU and WTO.
  • Procurement-related corruption and fraud remain significant issues, with ongoing investigations.

Institutional Framework

• The PPO was established in 1999 within the Ministry of Economy (MOE) to assist in the development of the PPL.
• The PPO is responsible for:
  • Legislation development.
  • Coordination, monitoring, and enforcement of procurement procedures.
  • Institutional capacity building.
• The PPO is under the administrative jurisdiction of the Cabinet of Ministers (COM).
• The PPO's role is critical in ensuring the integrity and transparency of the procurement process.
• The report recommends ensuring the independence of the PPO in the near future.

Recommended Action Plan

• Issue regulations with clear and transparent rules for implementing the PPL.
• Draft and promulgate standard bidding documents to improve procurement procedures and practices.
• Expand the functions of the PPO, including developing future legislative reform, procurement documentation, and training.
• Ensure the independence of the PPO to enable effective regulatory functions.
• Develop national resource centers to deliver procurement training and increase the professional capacity of public officials.
• Improve the accreditation process for procurement staff.
• Enhance the legal and commercial environment for private sector participation in public procurement.
• Provide training and outreach to the business community to increase awareness of the PPL and improve bid preparation.

Private Sector and Procurement

• The private sector is an important stakeholder in the procurement process.
• There is limited participation of domestic enterprises in public procurement due to lack of awareness and insufficient guidance.
• The report emphasizes the need for training programs and outreach seminars to improve the competitiveness and efficiency of the procurement system.
• Technical Assistance is recommended to train:
  • 15–20 trainers in regional centers.
  • 250 public officials from government and administrations.
  • 1,500 individuals from oblast and local bodies.
  • 15,000 persons in the business community.

Conclusion

The 2000 PPL represents a major step forward in Ukraine's procurement reform, but implementation and institutional capacity remain key challenges. The report outlines a Priority Action Plan for reform and recommends technical assistance and training programs to support the development of a more efficient, transparent, and competitive procurement system. The Government of Ukraine has expressed its intention to align with international legal norms and has developed an Action Plan for this purpose.