2004年-世界发展银行全球_The_Republic_of_Uganda___Country_Integrated_Fiduciary_Assessment_2004_Volume_4_Country_Procurement_Assessment_Report_138页_14mb

Summary of the 2004 Country Procurement Assessment Report (CPAR) for Uganda

Core Content

The 2004 Country Procurement Assessment Report (CPAR) for Uganda is part of the Country Integrated Fiduciary Assessment (CIFA), which includes the Public Expenditure Review (PER) and the Country Financial Accountability Assessment (CFAA). It aims to update the 2001 CPAR, reflecting lessons learned and the evolving role of donors in fiduciary oversight, particularly the shift from project lending to program lending. The report identifies key areas of weakness in Uganda's public procurement system and outlines recommendations to strengthen it.

Main Findings

Legislative and Regulatory Framework

• The Public Procurement and Disposal of Public Assets Act (PPDAA), effective from February 21, 2003, introduced a legal framework emphasizing economy, efficiency, transparency, and accountability.
• Despite this, enforcement remains weak, especially in the Ministry of Defence, which has not fully complied with the Act's requirements.
• At the local government level, the Local Government Tender Regulations are still being drafted, and most local authorities continue to apply outdated 1997 regulations.
• The PPDAA mandates the use of prequalification lists to streamline procurement, but these lists are often administered unevenly, lack specific criteria, and exclude local suppliers, thereby reducing competition and potentially fostering cartels.

Central Institutional Framework and Capacity

• The PPDA is responsible for regulatory and monitoring functions, but it is still in a formative stage and requires support from the Ministry of Finance, Planning and Economic Development (MoFPED) to function effectively.
• MoFPED has seemingly abdicated its policy-making role, which is critical for aligning procurement reforms with broader budgetary and fiscal reforms.
• There is a general lack of understanding of public procurement principles among public officials, which hampers the implementation of reforms.
• Capacity building has been a major focus since 2001, with the establishment of Procurement and Disposal Units (PDUs) and the creation of a procurement professional cadre in the civil service.
• A capacity building strategy has been developed by the PPDA, estimating that the minimum number of procurement staff needed is 5416, and outlining components such as training, accreditation, and institutional linkages.

Procedure Operations and Marketplace

• Procurement planning is weak, with many entities initiating procurements based on available funds rather than approved budgets.
• Registration lists are used to pre-qualify bidders, but these are not tailored to specific procurement needs and are not verified.
• Negotiations are common in open competitive bidding, often undermining the principle of equal treatment of bidders.
• Local preference policies are discouraged as they reduce competition and fail to build sustainable local capacity.
• Record keeping is poor, with incomplete or missing files and faulty filing systems, which increases the risk of corruption.
• Payment delays are significant, affecting both the public and private sectors, and are attributed to budget system inefficiencies and poor contract management.

Key Recommendations

Legislative and Regulatory Framework

• Revise and harmonize local government regulations with central government regulations, ensuring that the Chief Administrative Officer is involved in the nomination and removal of tender board members.
• The Inspector General of Government (IGG) should appoint specialist procurement agencies to handle procurement-related complaints, especially those involving the PPDA.

Central Institutional Framework and Capacity

• The MoFPED should resume its policy-making role in the procurement sector, including the development of career plans for procurement staff.
• The PPDA should implement a detailed capacity building strategy, including:
  • Career development plans and performance measures for its own staff.
  • Establishing an accreditation system for procurement professionals, linked to capacity building and career development.
  • Creating a similar cadre and accreditation system at the local government level.

Procedure Operations

• Enforce procurement rules through regular audits and effective sanctions.
• Improve procurement planning by monitoring and capacity building.
• Issue guidelines for selecting bidders from prequalification lists to ensure equal treatment.
• Limit merit point evaluation to complex contracts such as IT systems.
• Restrict negotiations in open competitive bidding.
• Abolish local preference policies.
• Fully implement the Records and Archive Act to ensure proper filing and record keeping.

Marketplace

• Efficient trade practices are essential for competitive pricing and quality goods and services.
• The Ugandan economy is liberalized, with trade agreements with the East African Community, EU, COMESA, and the USA.
• Import licenses are only required for sensitive goods, but the certification process is fragmented and inefficient.
• Export permits are required for environmentally sensitive or culturally significant goods.
• Value Added Tax (VAT) is 17% on all imports, with a three-tier tariff structure.
• Trade practices are affected by lack of capacity, ethics, and knowledge, which must be addressed to improve public procurement and overall economic performance.

Conclusion

The 2004 CPAR highlights significant progress in Uganda's procurement reforms, but also critical weaknesses in legal enforcement, institutional capacity, and compliance. It recommends a comprehensive approach to address these issues, emphasizing the need for capacity building, regulatory harmonization, and improved transparency and accountability in the procurement process. The report serves as a guide for further reform and donor coordination to ensure that Uganda's procurement system becomes a model of efficiency and integrity in Africa.