2000年-世界发展银行全球_Nigeria___Country_Procurement_Assessment_Report_Volume_1_Summary_of_Findings_and_Recommendations_34页_1mb

Nigeria Country Procurement Assessment Report (CPAR) - June, 2000 (Volume I)

Summary of Findings and Recommendations

Nigeria, a Federal Republic with 36 states and the Federal Capital Territory of Abuja, is the largest country in West Africa, with a population of around 121 million and a GNP of US$38 billion. Despite its potential to become an economic leader in Africa, the country faces significant challenges including poverty, economic mismanagement, and corruption. The economy is heavily dependent on petroleum exports, which account for 85% of total exports, and is characterized by a weak manufacturing sector and a substantial informal sector that accounts for 70% of economic activities.

Core Content

The CPAR aims to review and improve the public procurement system in Nigeria. It identifies the following key areas for assessment:

• Legal and Regulatory Framework
• Public Sector Procurement Procedures and Practices
• Organization and Resources
• Procurement Performance in Bank-Financed Projects
• Private Sector Procurement
• Trade Practices and Customs
• Financial Framework
• Electronic Commerce

Main Findings

1. Legal and Regulatory Framework

• There is no specific law on public procurement, only the Financial Regulations (FR), which are administrative documents and not binding laws.
• The FR do not provide clear guidelines on procurement procedures, leading to inconsistencies and lack of transparency.
• The current system lacks a centralized policy-making entity and mechanisms for filing complaints or appeals.
• The Anti-Corruption Law passed by Parliament provides for the establishment of an Independent Anti-Corruption Commission with investigative and prosecutorial powers, which could significantly impact procurement practices.

2. Procedures and Practices

• Registration for bidders is decentralized, with no national guidelines, leading to variability and lack of standardization.
• Tendering methods are not clearly defined, and the use of negotiation is common, undermining transparency.
• Advertised tenders are not consistently used, especially in smaller states.
• Bid evaluation lacks transparency, with criteria such as "reference price" and "profit margins" being used.
• Contract monitoring is weak and often corrupt, with poor quality materials used in projects and lack of proper oversight.
• Payment processes are not regulated, leading to delays and financial loss for contractors.
• Record keeping is inadequate, with files often stored in unorganized piles, affecting transparency and accountability.

3. Organization and Resources

• Tender Boards (TBs) are present at all levels but are often ineffective and subject to political influence.
• Permanent Secretaries and Ministers/Commissioners retain significant control over procurement decisions, which is seen as a major weakness.
• Streamlining TBs is necessary to improve efficiency, with recommendations to abolish departmental TBs and centralize authority under Ministerial Tender Boards.

Key Recommendations

Short Term Recommendations

• Discontinue using registration lists as eligibility criteria for open competitive tenders.
• Ensure all tenders over Naira 5 million are advertised in the Government Gazette and two widely circulated newspapers.
• Standardize bid evaluation criteria and ensure public bid opening.
• Introduce standard bidding documents and contract templates.
• Require conflict of interest declarations from evaluation committee members.
• Replace local insurance bonds with reputable bank instruments for bid security.
• Include provisions for interest on delayed payments in contracts.
• Publish all major contracts with details such as description, contractor name, and price.
• Use procurement plans to determine funding requirements for government agencies.
• Engage international procurement agents to assist in medium and large-scale contracts.

Medium Term Recommendations

• Develop uniform registration procedures with public access and clear qualification criteria.
• Implement standardized monitoring procedures involving all stakeholders.
• Introduce external expert validation for final payments on large contracts.
• Establish a centralized filing system for procurement activities, aligned with international best practices.
• Enact a public procurement law based on the UNCITRAL model, to provide a legal framework for transparent and efficient procurement.
• Create an independent Public Procurement Commission (PPC) to oversee procurement processes, set standards, and handle complaints.

Conclusion

The CPAR highlights the urgent need for legal, procedural, and institutional reforms to improve the transparency, efficiency, and accountability of public procurement in Nigeria. These reforms are essential to ensure that public resources are used effectively and that corruption is minimized. The report emphasizes the importance of a unified legal framework, standardized procedures, and the establishment of independent oversight bodies to achieve these goals.