2001年-世界发展银行全球_Republic_of_Albania___Final_Country_Procurement_Assessment_Report_Volume_2_128页_435kb

Summary of the Albania Country Procedure Assessment Report (CPAR)

Core Content

This report, prepared by the World Bank in January 2001, evaluates Albania's public procurement system and provides a detailed analysis of its strengths, weaknesses, and recommendations for improvement. It updates the 1997 CPAR and aligns with the Bank’s instructions for systematic assessments of procurement environments in borrowing countries. The report covers both public and private sectors and outlines an action plan for reforming the legal, institutional, and operational frameworks of public procurement in Albania.

Main Findings and Recommendations

Public Sector

1. Legal and Regulatory Framework

• Albania has a Law on Public Procurement (LPP), law #7971, which is based on the UNCITRAL Model Law and is reasonably comprehensive.
• The LPP covers all government procurement at state and local levels, as well as procurement by state-owned enterprises and majority-shareholder companies.
• The LPP includes financial thresholds for different procurement methods, which are set by COM Decision #335 (June 23, 2000).
• However, the implementation of the LPP is weak, and the PPA (Public Procurement Agency) lacks the necessary resources and independence to enforce the law effectively.

2. Procedures and Practices

• The LPP outlines six procurement methods: Open Tendering (OT), Restricted Tendering (RT), Two-Stage Tendering, Request for Quotations (RFQ), Request for Proposals (RFP), and Direct Procurement (DP).
• OT is the preferred method, but its enforcement is weak, leading to misuse and lack of competition.
• RT and RFQ are not well regulated, with insufficient minimum bid requirements.
• The RFP method is underutilized due to a financial threshold that restricts its application.
• Direct Procurement is overused, and its conditions need tightening to prevent abuse.
• Bid evaluation lacks transparency, with post-bid qualification checks leading to arbitrary rejections.
• Bidding periods are not standardized, and bid opening procedures are inconsistent, especially for domestic OT.

3. Strengths and Weaknesses

• Strengths:
  • The LPP is close to international best practice.
  • It includes a two-stage tendering method for complex procurements.
  • It provides a specific method for consultant services.
  • It includes a simple RFQ for low-value purchases.
• Weaknesses:
  • Weak enforcement of the LPP leads to non-compliance.
  • High staff turnover and political influence undermine the PPA.
  • Uncertainty among procuring entities due to complex legal instruments.
  • Lack of transparency and inconsistent application of procurement procedures.
  • Corruption risks are high due to poor compliance and weak oversight.

4. Organization and Resources

• The PPA is the central body for procurement coordination, but it is under-resourced and susceptible to political pressure.
• Procurement planning and management are not well developed, and contract administration is weak.
• There is a need for training and capacity building for procurement officers and institutions.
• The Government and business community need to improve their relations to enhance procurement efficiency.

5. Audit and Anti-Corruption Measures

• Weak internal and external audits contribute to the lack of accountability in procurement.
• Anti-corruption measures are not effectively implemented, and fraud and corruption are common.
• Recommendations include:
  • Increasing the number of high-value contracts reviewed by the PPA.
  • Requiring anti-fraud and anti-corruption provisions in all bidding documents.
  • Implementing an administrative debarment system for corrupt actors.
  • Training auditors specifically in procurement auditing.
  • Publishing procurement audit reports.

6. Public Sector Management Performance

• The public procurement system is not performing efficiently, with low competition and high costs.
• State enterprises are particularly problematic due to lack of transparency and inconsistent practices.

7. Performance on Bank-Assisted Projects

• While the LPP is sound, its implementation is inconsistent.
• The use of non-competitive methods is still common, especially Direct Procurement.
• There is a need to improve transparency, competitiveness, and enforceability in the procurement of World Bank-funded projects.

8. General Risk Assessment

• The procurement system is highly vulnerable to corruption and inefficiency.
• Lack of transparency, weak enforcement, and inconsistent application of the law increase the risk of fraud and abuse.

Private Sector

• Commercial regulations are not well developed, leading to uncertainty in private sector procurement.
• Commercial practices are not standardized, and there is limited awareness of procurement principles among private businesses.

Key Recommendations

• Strengthen Open Tendering by:
  • Removing the ability to break down contracts to avoid OT.
  • Limiting exceptions to OT.
  • Requiring PPA prior approval for non-OT methods above financial thresholds.
• Clarify restrictive procurement methods (RT and RFQ) and increase the minimum number of bids.
• Remove the RFP threshold to encourage its use for consultant services.
• Tighten Direct Procurement conditions and require PPA prior approval.
• Improve transparency by:
  • Launching a PPA website for public dissemination of procurement information.
  • Publishing an annual indicative procurement plan.
  • Requiring the PPA to collect and publish comprehensive procurement data.
• Boost competition by:
  • Abolishing the arbitrary distinction between domestic and international OT.
  • Extending bidding periods for domestic tenders.
• Improve procurement procedures by:
  • Mandating the use of standard procurement documents (SBDs).
  • Requiring pre-qualification for large contracts and post-qualification for others.
  • Using objective evaluation criteria and awarding contracts to the lowest evaluated, responsive bidder.
  • Discontinuing the disclosure of estimated prices in bidding documents.
• Combat corruption by:
  • Strengthening audit and enforcement mechanisms.
  • Implementing debarment procedures.
  • Training auditors and procurement officers in best practices.
• Build institutional capacity by:
  • Enhancing the PPA’s powers, staffing, and resources.
  • Establishing a national procurement training strategy.
  • Developing professional accreditation for procurement officers.
  • Encouraging vocational courses in procurement by educational institutions.

Conclusion

This report presents a comprehensive agenda for reforming Albania’s public procurement system, emphasizing the need for legal, institutional, and procedural improvements. The World Bank supports the implementation of the action plan, which includes a timetable for the Government and the Bank to carry out the necessary reforms. The report highlights the importance of transparency, competitiveness, and institutional capacity in achieving an efficient and fair public procurement system.