2007年-世界发展银行全球_Ukraine___Country_Procurement_Assessment_Report_2006_60页_4mb

Ukraine Country Procurement Assessment Report 2006 Summary

Core Content

The Ukraine Country Procurement Assessment Report (CPAR) 2006, updated on March 30, 2007, provides a comprehensive evaluation of the country's public procurement system. It highlights the challenges and progress made in aligning Ukraine's procurement practices with international standards, particularly in the context of its aspirations to join the World Trade Organization (WTO) and align with EU procurement directives.

Ukraine spent over US$4 billion (5% of GDP) on public procurement in 2005. The report underscores the need for a stronger legal and institutional framework to ensure transparency, efficiency, and integrity in public procurement. It also identifies the risks associated with the current system, including fragmentation of authority, weak controls, and the prevalence of corruption.

Main Views

• Legislative and Regulatory Framework:
  A comprehensive Public Procurement Law (PPL) was enacted in 2000. However, subsequent amendments in 2004, 2005, and 2006 significantly weakened the structure and effectiveness of the law, leading to a high-risk environment.

• Institutional Framework:
  The Authorized Agency (AA), responsible for oversight and support in the Ministry of Economy, was undermined by the transfer of key functions to non-governmental entities, notably the Tender Chamber of Ukraine (TC), which is an NGO. This shift created conflicts of interest and fragmentation in the procurement process.

• Procurement Operations:
  The procurement system is decentralized, with each procuring entity having its own five-member tender committee. These committees are inadequately trained, leading to inefficiencies and lack of capacity in managing procurement processes.

• Integrity and Transparency:
  There are significant concerns about the integrity of the procurement system. Practices such as unjustified cancellation of tenders, frequent delays in payments, and unclear technical specifications in bidding documents have discouraged competition, with only 2–3 bids per tender on average in 2005.

• E-Procurement:
  Ukraine has made progress in e-GP (electronic government procurement), aligned with the Integrated Electronic Ukraine program. However, the system lacks standardization, and technical issues remain that could hinder its effectiveness.

• Budget Planning and Execution:
  Procurement is integrated with budget planning, but the lack of detailed planning and late availability of funds limit the ability of procuring entities to act effectively before the fiscal year ends.

• Controls and Auditing:
  The controls and auditing mechanisms are weak and fragmented, with overlapping functions among the Accounting Chamber (AC), Department of Audit and Review (KRU), and Treasury. Most audits are conducted post-procurement, which limits their effectiveness in preventing issues.

• Anticorruption Measures:
  Anticorruption rules are scattered and poorly enforced, lacking clear definitions of offenses, due process, and sanctions.

Key Information

Important Entities and Acronyms

Key Findings

• The decentralized procurement system leads to inconsistent practices and limited capacity.
• The Tender Chamber (TC) has increased influence and non-transparent roles, including complaint resolution and market monitoring, which raise concerns about public oversight.
• Standard Bidding Documents (SBDs) are not widely accessible or used, and private entities like CTP and ECA dominate the bidding process, potentially limiting competition.
• Procurement performance is poor, with few bids per tender and inadequate enforcement of legal and ethical standards.
• Electronic procurement (e-GP) is incomplete and requires stronger standards and technical improvements.

Recommendations

1. Repair the Legal, Regulatory, and Institutional Framework:

   • Seek parliamentary approval to revoke or rework the December 2005 amendment to the PPL.
   • Reorganize the institutional structure to conform to international standards and separation of powers.
   • Establish an independent mechanism for reviewing bidder complaints.
   • Create a central Authorized Agency with policy-making, legislative drafting, bidding document preparation, and oversight functions.
   • Finalize and make available the standard bidding documents from the former AA.
   • Ensure competitive market conditions by allowing private sector involvement in advisory services.

2. Strengthen the Public Procurement System:

   • Install permanent procurement capacity within procuring entities.
   • Consolidate anticorruption legislation and ensure real enforcement.
   • Introduce ex-ante controls alongside ex-post controls.
   • Implement a single, free e-GP portal and hard-copy publication managed by the Authorized Agency.
   • Enhance the capacity and skills of the Authorized Agency to conduct a countrywide awareness campaign.

3. Clarify the Scope of the PPL:

   • State-owned enterprises (SOEs) in public utility sectors (water, energy, transport, telecommunication, postal services) should be subject to the PPL, while commercial and industrial SOEs should be exempt.
   • The PPL should precisely define the scope of coverage and exemptions for the utilities sector.

4. Revise the Role of Commercial Banks:

   • The role of commercial banks in checking procurement documents for compliance with the PPL should be removed, as it is not appropriate and inefficient.

Status as of March 30, 2007

• The draft CPAR was submitted to the Government of Ukraine (GOU) in December 2006.
• The Parliament of Ukraine passed Law No. 424.V on December 1, 2006, amending the PPL.
• The amendment increased the power of the Tender Chamber, which is a non-governmental entity, and created conflicts of interest.
• The Interdepartmental Commission on Public Procurement was established under the Amendment to the PPL, with 11 members, including three from the Tender Chamber.
• The Commission has decision-making authority over procurement procedures, and its decisions are binding on procuring entities.
• The World Bank hopes for the implementation of its recommendations in the draft public procurement law being prepared.

Conclusion

The CPAR 2006 emphasizes the urgent need for reform in Ukraine's public procurement system. While some progress has been made, the legal and institutional framework remains weak, and fragmentation and corruption risks persist. The World Bank recommends a streamlined legal structure, enhanced institutional capacity, and greater transparency and efficiency in procurement processes to align with international best practices and WTO accession requirements.