2001年-世界发展银行全球_Slovakia___Country_Procurement_Assessment_Report_26页_171kb

Slovakia Final Country Procedure Assessment Report (CPAR) Summary

Overview

This report, completed on May 23, 2001, is an update to the 1995 CPAR and assesses the public and private procurement systems in Slovakia. It is based on findings from a World Bank mission conducted in November 1999 and analyzes the Public Procurement Act (PPA) of 1999, which was enacted to align Slovakia's procurement system with EU Directives and to support its EU accession process.

Core Content

Legal and Regulatory Framework

• The principal legal sources for procurement in Slovakia are the Constitution, National Council of the Slovak Republic acts, and Government decrees.
• The PPA No. 263/1999 is the current legal framework, passed on September 14, 1999, and came into effect on January 1, 2000.
• The PPA is based on EU procurement directives, replacing the earlier UNCITRAL-based PPAs from 1994 and 1996.
• It applies to all procurement funded or co-funded by state budgetary resources.

Procurement Methods

• The PPA outlines four procurement methods:

  1. Open tendering
  2. Restricted tendering
  3. Negotiated tendering with prior notification
  4. Negotiated tendering without prior notification

• Open tendering is the most transparent and competitive method, requiring 40 days for bid preparation.

• Restricted tendering allows for 5–20 bidders, but lacks clear criteria for its use.

• Negotiated tendering with prior notification is more flexible than EU directives, increasing the risk of abuse and lack of transparency.

• Negotiated tendering without prior notification should only be used in exceptional cases such as natural disasters or single-source procurement.

Main Findings

Strengths of the PPA

• Unified law for national and sub-national levels of government.
• Clear description of the contracting authority.
• More detailed and transparent procurement procedures.
• Establishment of an independent Office of Public Procurement (OPP).
• Introduction of the Public Procurement Bulletin (PPB) for information dissemination.
• Accreditation of procurement professionals.
• Expanded bid protest procedures.

Weaknesses of the PPA

• High financial thresholds for procurement, which may exclude smaller firms.
• Lack of clear prequalification procedures.
• Bid evaluation is based only on price, not on quality or other criteria.
• Bids with significantly low prices (more than 10% below average) are excluded.
• No specific provision for procurement of consultants' services.
• Unrealistic 24-hour deadline for bid protests.
• Insufficient capacity in the OPP to handle bid protests effectively.
• Lack of a detailed accreditation program and training for procurement staff.

Key Recommendations

• Establish clear criteria for the use of restricted tendering, including limited suppliers, natural disasters, and response to urgent needs.
• Limit the use of negotiated tendering with prior notification to cases where the EU Directives apply, and require negotiation only with the winning bidder.
• Include separate provisions for the procurement of consultants' services in future PPA amendments.
• Update standard bidding documents prepared with IDF grant support to reflect the new PPA.
• Encourage the use of international languages (e.g., English, French) for high-value international tenders to attract foreign bidders.
• Require the safekeeping of bids before the deadline for submission.
• Mandate immediate bid opening after the deadline.
• Develop detailed evaluation guidelines and ensure the use of objective criteria.
• Ensure that contract conditions are included in standard bidding documents.
• Implement a permanent procurement committee in procuring entities to oversee and manage procurement processes.
• Improve the capacity and expertise of the OPP, including technical training for auditors and formal accreditation procedures.
• Enhance the role of the Supreme Audit Office (NKU) in conducting regular procurement audits and making their reports public.
• Promote continuous training for procurement staff in all agencies.
• Engage the private sector in dialogue to inform suppliers and consultants about procurement requirements and improvements.

Action Plan and Implementation

• The Government of Slovakia (GOS) is recommended to implement the action plan through regulations or guidelines, pending amendments to the PPA.
• Funds for the action plan should be sourced from GOS budgetary resources and technical assistance from international organizations such as EU, OECD, EBRD, and bilateral donors.
• The OPP should formulate a detailed institutional development plan, including capacity building and financing arrangements.

Conclusion

The 1999 PPA represents a significant improvement in Slovakia's procurement system, particularly in terms of transparency, consistency, and alignment with EU standards. However, the Bank emphasizes that some methods lack transparency and may not lead to efficient or competitive procurement. To address these issues, the OPP and GOS must work together to implement the recommended actions, including institutional reforms, capacity building, and training programs. The successful implementation of these recommendations will enhance the integrity and efficiency of public procurement in Slovakia.