2003年-世界发展银行全球_Republic_of_Moldova___Country_Procurement_Assessment_Report_110页_9mb

报告摘要

Republic of Moldova Country Procurement Assessment Report Summary

Executive Summary

This report, prepared by the World Bank in June 2003, evaluates the public procurement system in Moldova, focusing on its legal framework, practices, and institutional capacity. Moldova, having gained independence from the Soviet Union in 1991, faced significant challenges in establishing a competitive and transparent procurement system. Despite legislative efforts, including the Law on Procurement of Goods, Works, and Services for Public Needs (1997), the procurement environment remains weak and prone to corruption.

Key Findings

Legal and Regulatory Framework

Procurement Law: The Law on Procurement of Goods, Works, and Services for Public Needs (No. 1166-XII, April 30, 1997) is based on the UNCITRAL Model Law and provides a reasonably sound basis for public procurement.
Weaknesses: The law contains subjective bid evaluation criteria and lacks detailed implementing regulations, which reduces transparency and accountability.
WTO Accession: Moldova plans to accede to the WTO Government Procurement Agreement (GPA), which requires legal alignment with international standards.

Procurement Procedures and Practices

Single Source Procurement (SSP): Widely used, often in violation of the procurement law, with 67% of procurement expenditure in 2001 conducted via SSP.
Procurement Planning: Inadequate, with a lack of clear guidelines and procedures for planning and implementing procurement.
Bid Evaluation: Relies heavily on subjective merit-based systems, allowing excessive discretion to public officials.
Bid Preparation Time: Often too short (as low as 10 days), limiting competition.
Bid Protest Mechanisms: Weak and insufficient, with limited capacity for independent review.

Organization and Resources

National Agency for Government Procurement (NAGP): Established in 1997 to oversee procurement, it is seen as a valuable resource but lacks independence due to its role in approving procurement methods and its position under a ministry.
Local Government Coverage: Limited, with weak enforcement of procurement law at the local level.
Procuring Entity Capacity: Most procuring entities lack trained personnel and resources for effective procurement.

Audit & Anti-Corruption Measures

Current Audit Measures: The Court of Accounts and other bodies have limited capacity to enforce procurement laws.
Anti-Corruption Programs: Exist but are not effectively implemented, with political interference in procurement decisions.

Public Sector Management Performance

Procurement Expenditure: In 2002, total procurement expenditure was approximately US$118 million, accounting for 17% of state government spending and 42% of local government spending.
Compliance: Low compliance with procurement law, with many entities deviating from legal requirements.
Risk Assessment: Moldova's procurement environment is high-risk due to weak legal implementation, lack of transparency, and potential for corruption.

Recommended Action Plan

Legislative Reform

Amend the Procurement Law: To align with the GPA and improve transparency, accountability, and competitiveness.
Implementing Regulations: Develop detailed regulations to guide the application of the law, particularly in procurement planning, bidder qualification, and bid evaluation.

Institutional Reform

Independent Bid Protest Review: Establish an independent commission to review procurement protests, as the NAGP is not independent and cannot act as an impartial reviewer.
Training Division: Create a Training Division within the NAGP to provide procurement training and develop tools to promote good practices.

Government Actions

Fill the NAGP Executive Director Position: To ensure the Agency can operate independently and effectively.
Publish Reports: Monthly reports by the NAGP Executive Director and annual reports by the oversight committee should be made public.
Expand Coverage: Extend the NAGP’s oversight to local governments and ensure compliance with procurement laws.

Bank and Other Financiers' Actions

Technical Assistance: Provide support for legal and institutional reforms, including training and capacity building.
Monitoring and Follow-up: Develop a monitoring plan to track the implementation of reforms and ensure accountability.

Private Sector Perspective

Foreign Direct Investment (FDI): Low FDI per capita compared to other transition countries.
Foreign Trade Regime: Limited and not well-developed, affecting the competitiveness of local businesses.
Corporate Governance: Weak, with limited transparency and accountability in procurement practices.

Conclusion

Moldova's public procurement system is in need of significant reform to align with international standards, particularly the GPA. While the legal framework is reasonably sound, the implementation and enforcement of the law are weak, and the system is susceptible to political interference and corruption. The report recommends a comprehensive action plan to improve transparency, accountability, and efficiency in public procurement.

Tables and Figures

Table 1: Current Composition of World Bank Portfolio in Moldova.
Table 2: Current Composition of EBRD Portfolio in Moldova.
Table 3: Thresholds for limiting tenders to domestic bidders.
Table 4: Thresholds for applying different procurement methods.
Table 5: Bid Evaluation Criteria for Civil Works.
Table 6: Non-Payments by State Treasury for Chisinau-based Procuring Entities (2001–2002).
Table 7: Value of Contracts Approved by NAGP by Procurement Method (2000–2002).
Table 8: Justifications for Using Single Source Procurement.
Table 9: Utilities Services as a Percentage of SSP Contracts.
Table 10: Delegated Procurement Thresholds (Ukraine Country Office).
Table 11: Applicable Thresholds by Procurement Method.
Table 12: FDI Per Capita for Selected Transition Countries (2000).
Table 13: Balance of Payments (Jan–Sep 2001).
Figure 1: Ease of Obtaining Information on Laws and Regulations (1999 vs. 2002).
Figure 2: NAGP Organization Chart.
Figure 3: State Capture in 22 Transition Countries (2000).
Figure 4: Corruption as an Obstacle to Business Operations.
Figure 5: Expenditure on Procurement by State and Local Governments (2000–2002).
Figure 6: Contracts Approved by NAGP.
Figure 7: Access to Finance and Cost of Finance as Obstacles to Business.
Figure 8: Ability of the Court System to Enforce Decisions (1999 vs. 2002).
Figure 9: Fairness and Impartiality of the Court System.
Figure 10: Sources of Construction Industry Investment in Moldova (2002).

Annexes

Annex A: Compatibility of Moldova's Procurement Law with the GPA.
Annex B: Review of the Law on Procurement of Goods, Works, and Services for Public Needs (April 2003).
Annex C: Survey of Open Tendering and Request for Price Quotations Procedures.
Annex D: Government Expenditure on Procurement by Function (2000–2002).
Annex E: Expenditures on Procurement by State and Local Governments (2000–2002).
Annex F: Survey of Single Source Procurement.
Annex G: Supplemental Letter on National Competitive Bidding (NCB) Procedures.