2004年-世界发展银行全球_Tanzania___Country_Procurement_Assessment_Report_Executive_Summary_14页_262kb

Tanzania Country Procedure Assessment Report (CPAR) Summary

Executive Summary

This report evaluates the public procurement system in Tanzania, focusing on its compatibility with economic efficiency, transparency, and international standards. Conducted by the World Bank in April 2003, it is the second assessment of the procurement system and is critical in the context of the shift from project-based to budget support financing. The findings highlight the need for strengthening legal frameworks, improving procedures and practices, enhancing institutional capacity, and combating corruption to ensure sound procurement management and value for money in government contracts.

Legal Framework

Key Findings

• Tanzania enacted the Public Procurement Act (PPA) and implemented regulations in 2001, marking progress in procurement law.
• The legal framework is generally adequate but faces challenges in implementation and enforcement.
• The Central Tender Board (CTB) holds both operational and regulatory roles, leading to conflicts and lack of accountability.
• Local government procurement lacks clear regulations, contributing to malpractices.
• Weaknesses include limited whistleblower protection, absence of sanctions for misprocurement, and no mandatory time limits for procurement steps.

Key Recommendations

• Short Term: Disseminate new Local Government Authority Procurement Regulations, establish the Public Procurement Appeals Authority, and amend the PPA to decentralize procurement, introduce mandatory time limits, and protect whistleblowers.
• Medium Term: Strengthen CTB's capacity to handle complaints, establish a procurement journal, and develop guidelines for bidder selection to ensure equal treatment.
• Long Term: Close Government Stores and introduce a framework agreement-based system.

Current Procedures and Practices

Key Findings

• Weak procurement planning leads to ad hoc procurement actions and improper selection of procurement methods.
• Lack of centralized tender advertising results in limited bidder competition and the dominance of a small group of contractors.
• Poor documentation and record-keeping hinder audit and enforcement.
• Evaluation reports vary in quality, and there is a lack of transparency in the application of award criteria.
• Unrealistic implementation timeframes cause delays and increased costs.

Key Recommendations

• Emphasize procurement planning with a focus on substantiating each step.
• Establish a centralized procurement journal to improve transparency.
• Review the high use of the shopping method and require justification for its use.
• Improve record-keeping and increase audit frequency to ensure compliance and accountability.

Organization and Resources

Key Findings

• The centralized procurement system is inefficient and lacks accountability.
• Procurement is often handled by untrained, non-specialist staff at all levels, especially at the community level.
• The CTB has dual roles (operational and regulatory), which compromises its effectiveness.
• The Government Stores lack the capacity and funds to perform procurement effectively.
• Procurement is not recognized as a profession in the public sector, limiting the development of skilled professionals.

Key Recommendations

• Short Term: Separate CTB's operational and regulatory functions, establish a Regulatory Authority (RA) under the Ministry of Finance, and develop a capacity building strategy.
• Medium Term: Implement an Information Management System linking RA with procuring entities, establish a new cadre of procurement specialists, and create a Procurement Professionals Body (PPB).
• Long Term: Close Government Stores and transition to a framework agreement system.

Audit and Anti-Corruption

Key Findings

• Corruption is widespread in procurement, with an estimated 20% of procurement expenditure lost due to kickbacks and bogus investments.
• The National Audit Office (NAO) has limited capacity for procurement auditing, despite increased funding.
• The media and civil society are not effectively involved in monitoring procurement, and investigative journalism on corruption is lacking.
• There is a need for a whistleblower mechanism to encourage reporting of malpractice.

Key Recommendations

• Train PCB investigators in procurement principles and procedures.
• Introduce a procurement journal to enhance transparency.
• Involve the media in awareness campaigns and monitoring.
• Establish a whistleblower hotline.
• Strengthen NAO's audit capacity and increase audit frequency.

Trade, Commercial Practices and the Private Sector

Key Findings

• Tanzania has improved its trade environment through lower tariffs and more transparent practices.
• High costs of financial services and bid securities are a barrier to effective procurement.
• Pre-shipment inspection (PSI) is inefficient and should be replaced with destination inspection (DI).

Key Recommendations

• Simplify procedures for obtaining collateral to unlock hidden value in land and property.
• Introduce a guarantee scheme to reduce bid and performance bond costs.
• Transition from PSI to DI to improve efficiency and reduce costs.

Performance of World Bank Financed Projects

Key Findings

• An Independent Procurement Review (IPR) of 138 contracts revealed several issues:
  • Poor procurement planning
  • Inadequate advertising, reducing competition
  • Excessive use of shopping methods
  • Poor documentation and record-keeping
  • Uneven evaluation reports and unrealistic timeframes

Recommended Supervision Plan

• Emphasize procurement planning and documentation.
• Use a centralized procurement journal for transparency.
• Require justification for the use of the shopping method.
• Improve record-keeping and audit processes for Bank approval.

Zanzibar

Key Findings

• Procurement in Zanzibar is currently ad hoc and not governed by clear regulations.
• The 1965 Treasury Instructions were suspended without replacement, leading to inconsistent practices.
• The new CTB law, effective since July 2002, is flawed and not implemented due to lack of regulations.
• The CTB is given excessive responsibilities, including tender preparation and contract approval, which should be separated.

Key Recommendations

• Immediate Actions: Issue intermediary instructions to legalize current practices, revise the CTBA, draft and issue procurement regulations, reform the CTB into a purely regulatory body, and establish ministerial tender boards and procurement management units.
• Medium Term: Implement a flexible model for delegating procurement authority from CTB to ministries.

Conclusion

The CPAR highlights the need for systemic reforms in Tanzania's public procurement system to improve transparency, efficiency, and accountability. The recommendations cover legal, procedural, organizational, and audit aspects, with a focus on capacity building and institutional restructuring. The report underscores the importance of aligning procurement practices with international standards and ensuring that the legal and institutional framework supports these goals.