2002年-世界发展银行全球_Ethiopia___Country_Procurement_Assessment_Report_Volume_2_Data_and_Analysis_88页_371kb

Ethiopia Country Procedure Assessment Report Summary

Core Content Overview

This document provides an assessment of the legal and procurement frameworks in Ethiopia, focusing on the procedures for public sector procurement of goods, works, and consultant services. It was prepared by the World Bank in June 2002 as part of the Country Procedure Assessment Report (CPAR) for the Africa Region. The report outlines the current legal system, procurement regulations, and the roles of various governmental bodies in the procurement process.

Legal Framework

1. Legal System: Ethiopia follows a Civil Law system.
2. Form of Government: The country has a federal structure, with the Federal Government and nine autonomous states.
3. Constitutional Provisions: The Constitution does not contain any provisions directly bearing on public sector procurement.
4. WTO Membership: Ethiopia is not a signatory to the WTO Agreement on Government Procurement, but has observer status since 1997.
5. Contract Law: The Civil Code (Proclamation No. 165/1960) includes "Title XIX – Administrative Contracts" that apply to procurement by public bodies. However, more detailed provisions are found in the Financial Administration Proclamation No. 57/1996 and the Council of Ministers Financial Regulations No. 17/1997.
6. Procurement Manual: A Procurement Manual (revised 24 March 1999) was prepared to guide public bodies, but it is considered incomplete and requires improvement.

Procurement Rules and Procedures

• Procurement Methods: The Financial Proclamation and Regulations apply to procurement of goods, works, and consultant services. The MOF-Directives provide for four procurement methods:
  • Open tender
  • Selective tender from an approved list of suppliers
  • Negotiated procurement
  • Direct requests for quotations from selected suppliers
• Vehicle Procurement: Special rules apply, requiring procurement through the Road Transport Authority (RTA).
• Works Procurement: Open competitive bidding is the norm, with prequalification for contracts over US$10 million. The evaluation criterion is price.
• Consultancy Services: The Ministry of Finance and Economic Development (MOFED) is now responsible for setting directives, although previous responsibility was with MEDAC.
• Special Cases: For contracts exceeding certain thresholds, approval from the Ministry of Finance or Prime Minister's Office is required. The Government Procurement Unit (GPU) reviews procurement decisions for compliance with MOF-Directives, but is not operationally involved in procurement itself.

Regulatory Hierarchy

• The hierarchy of procurement rules is as follows:

  1. Federal Government of Ethiopia The Financial Administration Proclamation No. 57/1996
  2. Council of Ministers Financial Regulations No. 17/1997
  3. Ministry of Finance Directives – Procurement and Contracts (revised draft dated 9 June 1997)
  4. Procurement Manual (revised draft dated 24 March 1999)

• These rules apply only to procurement financed by MOF budget. For external funding (e.g., from IDA, ADB, EU), the rules of the funding agencies govern. For procurement using local resources, the Federal Government rules apply, but with special exemptions for certain entities.

Procurement Oversight

• Government Procurement Unit (GPU): Located in the Vice-Minister, MOFED's Office, it reviews non-standard procurement decisions and contract award proposals. It has no operational involvement in the actual procurement process.
• Tender Committees: Each public body and parastatal has its own tender committee, with the RTA having a Ministerial Tender Committee consisting of five Vice-Ministers, an NBE representative, and the RTA General Manager.
• Procurement Oversight: The MOF is responsible for harmonizing procurement rules only for Federal Government Budget funded projects.

Legal and Regulatory Deficiencies

• The legal framework does not follow the UNCITRAL Model Law on procurement.
• Key deficiencies include:
  • Lack of clear guidance on the use of various procurement methods.
  • Restrictions on the use of approved suppliers and qualification procedures for non-approved bidders.
  • Negotiated procurement is a mix of different procedures, including direct contracting, consulting, turnkey contracts, and two-envelope bidding.
  • Absence of a bid evaluation merit point system.
  • No provisions for dispute resolution.
  • Lack of prequalification criteria.

Procurement Preferences

• Preferences for domestic suppliers and local contractors are included in international competitive bidding procedures, only when permitted by external funding agencies.
• Since March 2001, the Council of Ministers Financial Regulations have included new provisions for domestic producer and national contractor preferences.
• The purchasing entity is not compensated by the government for awarding contracts to higher cost national or local firms.

Regional Agreements

• Ethiopia is a member of COMESA, a regional trade and customs agreement comprising 23 countries in Eastern and Southern Africa.
• COMESA currently does not offer preferential tariff rates and focuses on promoting trade between member states.

Summary of Key Entities Involved in Procurement

• Main Procuring Entities:
  • Addis Ababa Water and Sewerage Authority (AAWSA)
  • Civil Aviation Authority (CAA)
  • Ethiopia Electric Power Corporation (EEPCO)
  • Ethiopia Road Authority (ERA)
  • Ministry of Agriculture (MOA)
  • Ministry of Education (MOE)
  • National Fertilizer Industry Agency (NFIA)
  • National Seeds Industry Agency (NSIA)
  • Road Transport Authority (RTA)
  • Telecommunications Corporation
  • UDCBOs (Urban Development and Construction Bodies)

Conclusion

The Ethiopian procurement system is decentralized and incomplete, with inconsistencies and deficiencies in its regulatory framework. While there are basic legal provisions and guidelines, they are not fully aligned with international standards. The procurement process lacks clear procedures for dispute resolution and prequalification criteria, and some entities have special exemptions from the standard rules. The World Bank has provided comments on the draft directives, but they have not been fully incorporated.