2003年-世界发展银行全球_Dominica_-_Country_Procurement_Assessment_Report___Volume_2_Data_and_Analysis_58页_4mb

Commonwealth of Dominica - Country Procurement Assessment Report (Volume II) Summary

Core Content

This report provides an in-depth analysis of the procurement system in Dominica, focusing on legal frameworks, trade practices, financial systems, and public and private sector procurement procedures. It highlights the challenges and gaps in the current procurement system and suggests areas for improvement.

Main Points

Legal Framework

• Legal System: Dominica operates under a Common Law system, recognizing the jurisdiction of the Eastern Caribbean Supreme Court.
• Government Structure: It is an independent republic with a centralized government, a unicameral legislature, and a President as Head of State.
• Procurement Laws: There is no specific procurement law; instead, the regulatory framework is based on the Financial Regulations of 1976 and the Financial (Stores) Regulations of 1980, both issued under the Finance and Audit Act of 1965.
• Regulatory Gaps: The system is outdated, incomplete, and lacks clarity, leading to non-transparent practices. The Central Tender Board (CTB) was never established, and the regulatory framework does not clearly define the limits of the Minister's and Cabinet's authority.
• Procurement Methods: Open competitive bidding is not the default method. Selective tendering is commonly used, especially for contracts involving three or more suppliers.
• Conflict of Interest: The Civil Service Staff Orders include a code of conduct, but it does not clearly define conflict of interest. The Integrity in Public Office Act (under review) contains provisions on corruption but lacks clarity on conflict of interest.
• Arbitration: The Arbitration Act and the Arbitration (International Investment Disputes) Act of 1966 exist, but they are outdated and do not incorporate modern international arbitration principles. The ICC Arbitration Rules are occasionally used for foreign contracts.
• Anti-Bribery: The Criminal Code and the Integrity in Public Office Act include anti-bribery provisions, but these are not enforced effectively. Bidding documents and contracts do not contain anti-bribery conditions.

Trade Practices

• Foreign Trade: No requirement for foreign firms to use a national agent.
• Trade Malpractice: Under invoicing is widespread, often to reduce import duties. This is considered a major issue in public procurement.
• Customs Procedures: Customs procedures are generally transparent and efficient, with the use of the ASYCUDA system. However, customs clearances and port procedures are reported to cause significant delays.
• Trade Terms: INCOTERMS are generally understood and used, with CIF and FOB being the most common. CIP is rarely used.
• Counter-Trade: Not used.
• Facilitation Payments: No evidence of such payments being necessary for customs clearance or work permits.

Financial Framework

• Credit Availability: Banks are capable of issuing Letters of Credit, and they are generally creditworthy.
• Securities: Bid, performance, and advance payment securities can be obtained locally, but they are expensive (e.g., a 10% fee for bid securities).
• Access to Credit: Local suppliers and contractors have limited access to credit due to a lack of credit history and assets.
• Budget Authorization: Implementing agencies do not obtain budgetary authorization for contract payments beyond the current financial year. Budgets are subject to revision during the year.
• Procurement Thresholds: Thresholds for contracting powers are seriously outdated and not regularly updated.
• Quality Control: There are no internal quality control mechanisms in place, and internal audits are rare, while external audits are ineffective due to lack of resources and qualified staff.

Key Information

Public Sector Procurement

• Procurement Entities: The main procuring entities are the Ministries of Communication and Works, Health, and Education.
• Centralization: Decision-making is highly centralized, with all contracts requiring the Minister of Finance's approval.
• Procurement Thresholds: Contracts exceeding EC$10,000 for works require the Minister of Communication and Works approval.
• Procurement Staff: Staff are generally aware of procurement rules, but the system lacks professional qualifications and clear job descriptions.
• Transparency: There is no legal requirement for public disclosure of procurement texts, and public access to procurement records is limited due to poor maintenance and dissemination.

Accountability and Compliance

• Compliance Enforcement: While the highest level of government generally encourages compliance, violations are rarely investigated, and no major cases of ethical violations have been recorded.
• Whistleblower Protection: There is no established whistleblower protection for public officials, making it difficult to report corruption.

Conclusion

Dominica's procurement system is outdated, incomplete, and lacks transparency and accountability. Although some basic legal and financial mechanisms exist, they are not effectively implemented or enforced. There is a clear need for comprehensive reform, including updating procurement regulations, improving transparency, and enhancing institutional capacity and oversight. The Central Tender Board remains a formal but unestablished body, and procurement methods are often selective and not competitive. The absence of a clear conflict of interest policy and inadequate whistleblower protections further undermine the integrity of the procurement process.