2004年-世界发展银行全球_Uganda___Country_Procurement_Assessment_Report_Volume_2_Main_Findings_and_Recommendations_91页_522kb

Uganda Country Procurement Assessment Report (CPAR) - Volume II Summary

Core Content Overview

This document presents the findings and recommendations of the Uganda Country Procurement Assessment Report (CPAR), Volume II, conducted in 2004. The report is a joint initiative between the Uganda Government and development partners, led by the World Bank, aimed at improving the efficiency, economy, and transparency of the country's public procurement system.

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Main Findings and Recommendations

1. Country Background

• Uganda has been implementing economic reforms to maintain macroeconomic stability, achieve economic growth, and reduce poverty as outlined in the Poverty Eradication Action Plan (PEAP) and the Millennium Development Goals (MDGs).
• The economy has experienced slowdowns in growth and increased poverty headcount between 1999-2003.
• Coffee exports saw a 25% increase in 2002/03 due to higher international prices.
• Nontraditional exports rose from US$335 million to US$440 million during the same period.
• The share of agriculture in GDP declined from 51.1% to 39.4%, indicating structural economic transformation.
• Government revenue has stagnated at around 12% of GDP, while government expenditure increased to 25.3% of GDP, leading to a large budget deficit.
• Foreign aid constitutes more than half of the budget, posing challenges in macroeconomic management and private sector credit.

2. Nature and Objectives of the CPAR

• The CPAR aims to analyze the procurement system and recommend actions to improve it.
• It is part of a broader Country Integrated Fiduciary Assessment (CIFA), which includes Country Financial Accountability Assessment (CFAA) and Public Expenditure Review (PER).
• The Independent Procurement Review (IPR) was conducted on four World Bank projects to ensure compliance with procurement procedures.
• The CPAR supports the Poverty Reduction Support Credit (PRSC) by identifying areas for institutional improvement and capacity building.

3. Background and Need for Procurement Reforms

• The 2001 CPAR was the first comprehensive review of the public procurement system, including local government.
• Key recommendations from the 2001 CPAR included:
  • Abolishing the Central Tender Board
  • Enacting a Procurement Law
  • Establishing a Policy and Regulatory Body
  • Creating Contract Committees
  • Setting up Procurement Units in procuring entities
  • Harmonizing central and local procurement regulations
  • Incorporating procurement plans into sector investment programs
  • Preparing standard bidding documents
  • Establishing a procurement cadre in the civil service
  • Restoring professionalism in procurement
  • Increasing financial resources for procurement training
  • Implementing a pilot e-procurement project

4. The Proposed CPAR

• The updated CPAR incorporates lessons learned from ongoing reforms and the changing role of donors in fiduciary oversight.
• It will address institutional framework weaknesses, procurement regulations, and capacity building.
• The CIFA will serve as the platform for designing reforms, and PRSC will remain the tool for their implementation and monitoring.

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Legislative and Regulatory Framework

1. The Legal Framework of Uganda

• The Constitution of Uganda (1995) is the supreme legislative instrument, but does not specifically address public procurement.
• Public procurement is considered a public finance issue.
• Local authorities are governed by directly elected councillors under the Local Government Act (1997).

2. Legal Framework for Public Procurement

• Before 2001, public procurement was governed by the Public Finance Act and Public Finance Regulations (1997).
• The Central Tender Board was reformed into the Reformed Central Tender Board (RCTB) in 2001, but was later replaced by the PPDA.
• The Procurement Act (2003) is the primary legislation governing public procurement, including parastatals and military procurement.
• The Act covers all non-security-related procurement, a significant change from the previous regime where Defence procurement was exempt.
• The Procurement Act provides a grace period of 12 months for procuring entities to comply, which ended on February 21, 2004.

3. Weaknesses in the Legal Framework

• The PPDA has not yet effectively monitored and enforced the Act and Regulations, particularly at the Ministry of Defence (MoD).
• The Regulations are not fully aligned with international procurement standards, lacking a merit-based evaluation system and domestic preference mechanisms.

4. Recommendations

• The PPDA should assert its authority over the MoD to ensure compliance with the Procurement Act and Regulations.
• The Regulations should be revised to better align with international best practices.

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Central Institutional Framework

1. Institutional Set-up

• The PPDA is the procurement regulatory body, replacing the Central Tender Board.
• Procuring Entities include central government ministries, parastatals, and the UDF/UPDF.
• The PPDA is responsible for:
  • Developing regulations and guidelines
  • Preparing standard bidding documents
  • Conducting compliance checks and audits
  • Publishing contract awards
  • Approving the use of Third Party Procurement Agents (TPPA)

2. Capacity Building

• A new procurement cadre was introduced in central government.
• Training and capacity development have been ongoing, with the PPDA preparing national guidelines and standard documents.
• The PPDA Strategic Plan focuses on capacity building and professional development.
• Local government has limited capacity, with LGDP-2 aimed at improving it.

3. Recommendations

• Strengthen procurement capacity in procuring entities.
• Enhance professionalism and ethical standards among procurement professionals.
• Implement e-procurement to improve transparency and efficiency.
• Establish formal mechanisms for appeals and complaints.

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Procurement Operations and Marketplace

1. Procurement Cycle and Practices

• The procurement cycle includes budgeting, planning, tender publication, bid evaluation, contract award, and contract management.
• Standard bidding documents are being developed, but their implementation is still limited.
• Budget overruns are a common issue, especially in public administration (PA), which accounts for 17.6% of total government expenditure.
• The PPDA plays a key role in compliance checks, audits, and pre-qualification of TPAs.

2. Marketplace and Trade Policies

• The marketplace is influenced by trade policies, customs, and import/export regulations.
• The clearing and forwarding profession is a key player in the procurement process.
• Government taxation on imports affects market dynamics.
• The private sector needs to be encouraged to adopt better practices to support public procurement.

3. Recommendations

• Improve standardization and quality control in procurement.
• Enhance access to capital for private sector entities.
• Develop professional ethics and training institutions.
• Implement e-procurement to increase transparency and efficiency.

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Integrity of the Public Procurement System

1. Audit and Review

• Supreme Audit Institution (SAI) and Office of the Auditor-General (OAG) are responsible for financial and value for money audits.
• The PPDA conducts procurement audits and compliance checks.
• Follow-up and enforcement mechanisms are still underdeveloped.

2. Anti-Corruption Measures

• Corruption in procurement is a major concern.
• Legal and judicial framework is in place but needs strengthening.
• Institutional set-up for fighting corruption includes the PPDA and Directorate of Ethics and Integrity (DEI).
• Strategic frameworks and monitoring mechanisms are required to ensure compliance and prevent corruption.

3. Recommendations

• Strengthen appeals and complaints mechanisms.
• Improve transparency and public access to information.
• Involve civil society and media in monitoring and accountability.

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E-Procurement

1. E-Procurement in Uganda

• E-procurement is being promoted to improve transparency, efficiency, and accountability.
• Key areas of focus include access to information, governance, human resources, institutions, and technology.
• The PPDA is working on e-procurement implementation, including training and pilot projects.

2. Recommendations

• Develop e-procurement governance and training programs.
• Implement e-procurement systems to enhance efficiency and transparency.

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Conclusion

The Uganda CPAR highlights the need for institutional and legal reforms in public procurement. It outlines a comprehensive action plan to improve efficiency, transparency, and accountability in the procurement process. The PPDA is central to this reform, but more capacity building, legal alignment, and enforcement mechanisms are required to fully realize the goals of the CPAR and support the country's economic development.