2004年-世界发展银行全球_Cape_Verde___Country_Procurement_Assessment_Report_Volume_1_Executive_Summary_4页_232kb

CAPE VERDE COUNTRY PROCEDURE ASSESSMENT REPORT SUMMARY

Introduction

Cape Verde does not have a unified national code governing public procurement, except for the use of consultants' services. Instead, procurement is governed by specific decrees in various sectors. The only structured text currently exists for infrastructure (civil engineering work), and procurement practices are generally not flawed due to a culture of good governance and the frequent adoption of World Bank procedures and documents.

Summary of Conclusions and Recommendations

Pillar 1: Legal and Institutional Framework

• Need for a single legal framework: Currently, there is no single legislative and regulatory framework for all public procurement. Only Decree-Law 31/94 exists for public works, while other procurement types are covered in less directive documents.
• Recommendation: A comprehensive national procurement code should be established to cover all public procurement activities (works, goods, and services), ensuring consistency and transparency across the board.
• Inclusion of new concepts: The new code should introduce concepts such as public service concessions, delegated contract management (MOD), and private sector participation in public investment through mechanisms like BOT, BT, and BOO.

Pillar 2: Procurement Procedures and Practices

• Current challenges: Due to the lack of a unified legal framework, procurement practices vary across institutions, leading to unpredictability and reduced private sector participation.
• Recommendation: Standardized, computerized procurement documents and manuals should be developed and made available to public procurement entities. Simplified versions should be prepared for local use.

Pillar 3: Human Resources

• Civil engineering sector: The DGISB in the Ministry of Infrastructure and Transport has developed expertise in procurement, but faces challenges such as high staff turnover and insufficient personnel.
• Other sectors: There is a lack of experience and specialized training for public procurement officials in non-infrastructure sectors, which hinders effective management.

Pillar 4: Systems for Procurement Controls and Audits

Ex-ante Controls

• Current role: The State Audit Office is responsible for approving expenditures and contracts up to a certain amount.
• Recommendation: This responsibility should be transferred to an ad hoc commission for major contracts (e.g., those over CVE200 million), allowing the State Audit Office to focus on ex-post controls.

Ex-post Controls

• Strengthening the State Audit Office: The office should be given more systematic and resource-based authority to conduct annual procurement audits.
• Role of IGF: The Inspectorate General of Finance (IGF) should continue its role in internal control and financial execution, while also recommending adjustments to the budget at the end of the fiscal year.

Pillar 5: Anti-corruption Measures

• Legal framework: The Penal Code includes corruption-related sanctions, but these are not fully enforced due to low awareness and limited judicial recourse.
• Recommendation: Strengthening awareness and ensuring legal recourse are necessary to improve enforcement of anti-corruption measures.

Private Sector

• Capacity: The private sector has the resources to respond to public procurement bids.
• Challenges: Limited access to information and lack of training hinder private sector involvement.
• Training needs: Training should be provided on new legal instruments, standard procurement documents, and information research methods.

Risk Analysis

• Current system risk: Maintaining the current system may pose challenges as development partners shift towards budget support.
• Change risk: Implementing new reforms could introduce risks due to potential resistance or inefficiencies during the transition.

Action Plan

• Legal update: Draft a single procurement code covering all types of contracts.
• Institutional reform: Establish a regulatory procurement entity and strengthen decentralization and deconcentration of procurement processes.
• Capacity building: Provide training and resources to public procurement officials and the private sector to support the new framework.