2004年-世界发展银行全球_Uganda___Country_Procurement_Assessment_Report_Volume_1_Executive_Summary_16页_154kb

Uganda Country Procurement Assessment Report (CPAR) Summary

Executive Summary

This 2004 CPAR updates the 2001 assessment to reflect lessons learned and the evolving role of donors in fiduciary oversight, particularly with the shift from project lending to program lending. It focuses on improving the legal and institutional frameworks, capacity building, and compliance with procurement laws and regulations. The report highlights that while significant progress has been made, Uganda's procurement system still requires substantial strengthening to ensure efficiency, transparency, and accountability.

Status of Implementation of the 2001 CPAR

• The Central Tender Board was abolished in 2001.
• The Public Procurement and Disposal of Public Assets Act (PPDAA) became effective in 2003.
• Key achievements include:
  • Decentralization of procurement to Procuring Entities.
  • Establishment of Contract Committees and Procurement Units.
  • Creation of the Public Procurement and Disposal of Public Assets Authority (PPDA).
• The Ministry of Public Service has established a procurement cadre.
• The process of restoring professionalism in procurement is underway.
• Donors such as the World Bank, Dutch Government, DANIDA, DFID, USAID, ITC, and UNDP have supported these reforms.

Legislative and Regulatory Framework

• The PPDAA establishes the legal basis for economy, efficiency, transparency, and accountability in public procurement.
• The Act has been effective in clarifying the legal framework and reducing exemptions.
• However, full enforcement of the PPDAA across all procurement entities, especially in the Ministry of Defence, remains a challenge.
• Local Government Tender Regulations are still being drafted, and many local authorities continue to use the 1997 regulations.
• Complaints handling mechanisms are not yet fully effective due to low public awareness and the requirement to go to court for unresolved issues.

Key Recommendations

• Local Government Regulations should be revised and harmonized with central government regulations.
• The Inspector General of Government (IGG) should appoint a specialist procurement body to handle complaints.
• A comprehensive complaints handling system should be developed for administrative matters.

Central Institutional Framework and Capacity

• The Ministry of Finance, Planning and Economic Development (MoFPED) has seemingly abdicated its policy-making role in procurement.
• The PPDA is in its formative stage and requires support from MoFPED to become a center of excellence.
• The lack of capacity is a major issue, particularly at the local government level.
• Since 2001, progress has been made in:
  • Establishing Procurement and Disposal Units (PDUs) in 105 entities.
  • Creating 76 procurement professional positions.
  • Delivering seven training modules.
  • Training over 5,000 people.
  • Offering line support to more than 50 entities.

Key Recommendations

• The MoFPED should resume its policy-making role and be responsible for the career development of the procurement cadre.
• The PPDA should implement a detailed capacity building strategy, including:
  • Individual career development plans.
  • An accreditation system for procurement professionals.
  • A similar cadre and accreditation system at the local government level.

Procurement Operations and Market Place

Key Findings

• Weak compliance with procurement procedures is widespread.
• Reasons for non-compliance:
  • Lack of knowledge of the legal framework.
  • Lack of capacity in procuring entities.
  • Weak incentives due to poor monitoring and enforcement.
• Observed weaknesses include:
  • Poor procurement planning.
  • Misuse of the decentralized registration system.
  • Excessive use of negotiations in open competitive bidding.
  • Poor quality and consistency in filing and record keeping.
  • Delayed payments.
  • Poor contract management.

Key Recommendations

• Enforce rules on advertising, pre-qualification, bid submission, and evaluation criteria through audits and sanctions.
• Strengthen procurement planning with monitoring and capacity building.
• Limit merit point evaluation to complex contracts.
• Abolish local preferences to increase competition.
• Fully implement the Records and Archive Act.

Marketplace and Trade Practices

• The marketplace plays a crucial role in procurement due to:
  • The need for efficient suppliers and open competition.
  • The requirement for innovation and accountability.
  • The importance of efficient international suppliers.
• Uganda's economy is liberalized, with trade agreements with the East African Community, EU, COMESA, and the USA.
• Customs practices are improving but still have issues:
  • Valuation methods are outdated and create incentives for corruption.
  • Import procedures are inefficient and prone to delays and bribes.
  • The 1971 Customs Act is outdated and requires revision.

Key Recommendations

• Strengthen the customs valuation system with data sharing and access to an international price database.
• Establish education and certification measures for forwarding and clearing agents.
• Develop a Competition Framework including a Competition Act and Competition Authority.
• Revise the 1971 Customs Act.

Integrity of the Public Procurement System

• Corruption in public procurement is widespread, including:
  • Facility payments.
  • Bribery of evaluation and tender board members.
  • Favoritism and conflict of interest.
• The IGG reports that corruption is endemic in Uganda.
• Transparency International (TI) ranks Uganda as the 17th most corrupt country out of 133 in 2003.
• The International Country Risk Guide gives Uganda a low corruption rating.
• Local government faces particular challenges with:
  • Political interference in tender board appointments.
  • Tender board members awarding contracts to themselves or their associates.
  • Inadequate qualifications of some board members.

Key Recommendations

• Strengthen monitoring and control mechanisms to combat corruption.
• Enact and implement legislative improvements such as:
  • Amendments to the Prevention of Corruption Act.
  • The Access to Information Act.
  • The Whistleblower Protection and Qui Tam Act.

Conclusion

The 2004 CPAR highlights that while Uganda has made significant strides in procurement reform, several critical areas remain underdeveloped. These include local government procurement, compliance and enforcement, capacity building, and policy coordination. Addressing these issues is essential for achieving the goals of economy, efficiency, transparency, and accountability in public procurement. The report emphasizes the need for sustained donor support, institutional strengthening, and legal reforms to ensure the long-term success of the procurement system.