2017年-世界发展银行全球_Preliminary_Analysis___The_Public_Procurement_Monitoring_System_of_Montenegro_31页_1mb

Summary of the Public Procurement Monitoring System of Montenegro

Introduction

Montenegro is actively working on modernizing and restructuring its public procurement system to align with international best practices and meet EU accession requirements. The Government has developed Strategies and Action Plans to address shortcomings in the system and improve efficiency and competitiveness. The World Bank has been engaged to assist in creating a methodology for monitoring the system, focusing on practical tools and a more performance-driven approach.

Core Content

The document outlines a comprehensive framework for assessing and improving the monitoring function of Montenegro's public procurement system. It emphasizes the need to move beyond a purely legal and regulatory compliance-based approach to one that includes performance and integrity aspects. The monitoring function is evaluated through three main areas: compliance, performance, and integrity.

Key performance indicators (KPIs) are proposed to enable a quantitative assessment of the system, which will support better decision-making and transparency. The methodology also includes benchmarking against the World Bank's set of KPIs and an analysis of the 2015 Annual Public Procurement Report.

Main Viewpoints

• Legal Alignment: Montenegro's Public Procurement Law (PPL) is being reviewed to align with EU directives such as Directive 2014/24/EU on public procurement and Directive 2014/23/EU on concession contracts.
• Institutional Roles: The Public Procurement Administration (PPA), State Audit Institution (SAI), Administration for Inspection Affairs (AIA), and Agency for Corruption Prevention (ASK) have distinct roles in monitoring, with the PPA focusing on performance, SAI on auditing, AIA on compliance, and ASK on integrity.
• Technological Integration: The e-Government Procurement (e-GP) system is a priority for Montenegro and is expected to enhance transparency and efficiency in procurement processes.
• Capacity Gaps: There is a notable lack of capacity in monitoring and auditing, especially at the decentralized level, and the need for improved training and data management is highlighted.
• Performance-Based Monitoring: The document advocates for a shift from legal compliance to performance-based monitoring, incorporating business intelligence and risk assessments.

Key Information

Legal Acts

• Public Procurement Law (PPL): The PPL is being revised to ensure compliance with EU directives. Article 19 outlines the PPA's role in monitoring the implementation of the public procurement system.
• Reporting Obligations: Article 118 mandates that contracting authorities submit annual reports on procurement procedures and contracts by 28 February, with the PPA compiling an annual report by 31 May.
• Risk Analysis: A Rulebook on Methodology of Risk Analysis in performing control over Public Procurement Procedures exists, which is used to identify vulnerabilities and guide monitoring activities.

National Strategy Documents

• Strategy for Development of the Public Procurement System (2011-2015 and 2016-2020): These strategies outline the goals and measures for improving the procurement system, including the development of e-GP and better data management.
• Annual Public Procurement Report (2015): This report provides a good overview of the system and is aligned with the need for a more quantitative approach to monitoring. It includes a statistical report that serves as a foundation for defining KPIs.
• Montenegro 2016 Report on the EU enlargement process: Highlights that Montenegro is moderately prepared for public procurement, with particular emphasis on the need for legal alignment and enhanced monitoring capacity. It also notes that the current system is heavily influenced by the EU acquis and the WTO GPA.

Monitoring Function

• Definition of Monitoring: Monitoring is defined as a watchful accompaniment of a process, distinct from auditing and inspecting, which focus on detecting and remedying infringements.
• Current Challenges: Montenegro's monitoring system is largely based on legal compliance and formal procedures, leading to a lack of performance-based assessments and an insufficient capacity to handle the complexity of the procurement cycle.
• Need for Reform: The system must be revised to include more substantive and procedural monitoring, alongside legal compliance. This includes enhancing internal audits, improving data management, and streamlining the roles and responsibilities of monitoring entities.

Gap Analysis

• Compliance Monitoring: Current compliance monitoring is limited to legal and administrative aspects, without a strong focus on performance and integrity.
• World Bank's Role: The World Bank is promoting e-GP in ECA countries and has developed a benchmarking framework for public procurement systems.
• Benchmarking Against KPIs: The 2015 Annual Report is benchmarked against the World Bank's set of KPIs, which serves as a starting point for tailoring a more effective monitoring system.

From Policy to Measurement and Monitoring

• Three Dimensions of Monitoring: Compliance, performance, and integrity are the three main areas for monitoring.
• Quantitative Approach: A quantitative approach to public procurement monitoring is recommended, using KPIs to assess performance and identify areas for improvement.
• Key Policy Areas:
  • e-Gov (e-GP): Development of an e-procurement system to enhance transparency and efficiency.
  • Economic: Measures to improve competitiveness and efficiency of procurement.
  • Environmental: Integration of sustainability and environmental considerations.
  • Social: Ensuring equitable access and benefits for all stakeholders.
  • Governance and Integrity: Strengthening anti-corruption mechanisms and ensuring accountability.
  • International Public Procurement: Addressing barriers to international trade and enhancing cross-border procurement.
  • Health Sector: Improving procurement practices in the health sector to ensure quality and efficiency.
  • Local Government: Enhancing monitoring and transparency at the local level.
  • Integration of General Monitoring with Health and Local Government: Combining general monitoring with sector-specific initiatives to ensure a holistic approach.

Way Forward

• Development of Monitoring Tools: The creation of practical implementing and monitoring tools, including administrative rules, manuals, and standard contract documents.
• Enhanced Data Management: Improving data collection and analysis to support better decision-making and transparency.
• Performance Compliance Assessments: Utilizing business intelligence from market consultations to evaluate procurement performance.
• Training and Capacity Building: Increasing training opportunities for all entities, including SMEs, to improve understanding and application of procurement principles.
• Institutional Collaboration: Strengthening cooperation between key institutions (PPA, SAI, AIA, ASK) to ensure a more integrated and effective monitoring system.
• Legal Revisions: Revising the PPL and related laws to harmonize the legal framework and reduce conflicts, especially between the State Commission and the Administrative Court.
• Implementation of e-GP: A full e-procurement system is a priority, with the PPA leading the initiative to improve the system's efficiency and transparency.

Conclusion

The document outlines a strategic approach to enhancing the monitoring function of Montenegro's public procurement system. It emphasizes the need for a performance-based monitoring framework, improved data management, and stronger institutional collaboration. The World Bank's involvement is critical in supporting Montenegro in achieving these goals and aligning its procurement system with EU standards.