2011年-世界发展银行全球_Niger___Second_Public_Expenditure_Management_and_Financial_Accountability_Review_Volume_2_Country_Procurement_Assessment_Report_68页_1mb

Summary of PEMFAR II: Country Procurement Assessment Report for Niger

Core Content

The Second Public Expenditure Management and Financial Accountability Review (PEMFAR II) is a comprehensive assessment of the public procurement system in Niger, focusing on its implementation, effectiveness, and alignment with international standards and regional directives. The report was prepared by the World Bank, in collaboration with the United Nations Development Programme (UNDP) and the African Development Bank (AfDB), and serves as Volume II of PEMFAR II, providing the basis for the main report.

Main Objectives

• To evaluate the implementation of recommendations from the 2004 Country Procurement Assessment Report (CPAR).
• To identify success factors and constraints in the reform of the public procurement system.
• To establish a baseline for measuring the impact of reforms using OECD/DAC methodology and WAEMU Directives.
• To assess risks associated with the weaknesses of the system.
• To propose recommendations for an action plan to address identified problems.

Key Actors and Institutions

• ARMP (Public Procurement Regulatory Agency): Created in 2002, it is responsible for defining the national policy on public procurement and has been restructured to serve as the main regulatory body.
• DGCMP (General Directorate of Public Procurement Control): An administrative body tasked with the a priori and a posteriori control of procurement. However, it is not yet fully operational.
• CNR (National Regulatory Council): A steering and decision-making body composed of representatives from the Central Administration, civil society, and the private sector.
• CRD (Dispute Settlement Committee): Independent in settling disputes, but its role is limited to bidder complaints and should be expanded.
• DGCF (General Directorate of Financial Control): Handles contract registration and is responsible for transitional control below CFAF 300 million.
• IGE (General Public Inspectorate) and IGF (General Inspectorate of Finance): Oversight bodies that ensure legal and ethical compliance of procurement activities.
• Court of Accounts: Has the highest jurisdiction for public finance oversight, but faces human resource constraints.

Procurement System Overview

• The Procurement Code applies to all public persons, including legal entities under private law acting on behalf of the government.
• The system is designed to be transparent and equitable, with procedures for public bidding, contract award, and oversight.
• Procurement thresholds and deadlines are defined by regulatory decrees, with the DGCMP responsible for a priori control.
• Electronic interfaces are not yet in place between the budget and procurement processes.
• Private sector participation in bid evaluation and contract award commissions remains a source of conflict of interest.

Implementation of Reforms

• The 2004 CPAR led to the formulation of an action plan with four strategic pillars:
  1. Legislative and Regulatory Framework: Legal and regulatory provisions were updated to align with WAEMU Directives, though full transposition is not yet achieved.
  2. Institutional Framework and Management Capacity: Institutional development and capacity building were prioritized, with the creation of the DGCMP and the establishment of a steering committee.
  3. Procurement Operations and Market Practices: Efforts were made to ensure efficient management of procurement and promote private sector competitiveness.
  4. Integrity and Transparency of the Public Procurement System: Emphasis was placed on strengthening control mechanisms and eliminating fraudulent practices.

Challenges and Risks

• Incomplete Data: The statistics on public procurement are incomplete, likely due to underreporting by some structures, such as NIGELEC.
• Limited Competition: A significant portion of contracts (33.5%) were awarded through limited competitive bidding or directly negotiated methods.
• Institutional Weaknesses: The DGCMP and Court of Accounts lack sufficient human resources to carry out effective control and audit.
• Conflict of Interest: Private sector involvement in bid evaluation commissions raises concerns about impartiality.
• Non-Conformity with WAEMU Directives: The ARMP has the authority to grant authorizations for exceptional procedures, which may conflict with the WAEMU Directives.

Recommendations

• Improve Data Collection and Reporting: Ensure all structures report procurement data in a timely and complete manner.
• Enhance Transparency and Competition: Promote competitive bidding and reduce the use of non-competitive methods.
• Strengthen Institutional Capacity: Increase the human and technical resources of the DGCMP and Court of Accounts.
• Ensure Compliance with WAEMU Directives: Restructure the ARMP to align with WAEMU Directives and eliminate conflicts of interest.
• Implement Electronic Interfaces: Develop an electronic system to link the budget and procurement processes.
• Promote Citizen Oversight: Encourage private sector and civil society participation in oversight mechanisms to enhance accountability and reduce conflicts of interest.

Conclusion

The report highlights both progress and ongoing challenges in the reform of Niger's public procurement system. While legal and institutional frameworks have been updated, the system still faces issues related to transparency, competition, and effective control. The recommendations aim to address these weaknesses and improve the overall quality and integrity of the public procurement process in Niger.