2003年-世界发展银行全球_Tanzania___Country_Procurement_Assessment_Report_Volume_2_Main_Report_and_Annexes_192页_10mb

Tanzania Country Procedure Assessment Report (CPAR) - Volume II Summary

Core Content Overview

This report, updating the 1996 CPAR, provides a comprehensive assessment of the public and private procurement systems in Tanzania, including Zanzibar. It outlines the findings and recommendations from two World Bank missions conducted in 2002 and the input from an Independent Procurement Review (IPR) carried out by Global Procurement Consultants Limited (GPCL). The Government of Tanzania formed a Task Force to assist in the reform of public procurement systems, and the report reflects the discussions and agreements reached during a workshop in January 2003.

Key Findings and Analysis

Public Sector

Legal and Regulatory Framework

• Procurement Act (2001): The Public Procurement Act (PPA) replaced previous legislation and was based on the UNCITRAL Model Law. It aims to cover all central and local government entities, including parastatals, but only if they receive government subsidies.
• Coverage of Parastatals: The PPA does not cover parastatals that are not receiving subsidies, even if they are publicly owned. This creates a loophole and is difficult to enforce.
• Legal Benchmarks: Tanzania’s legal framework is compared to international standards, including:
  • World Bank Guidelines (WBG)
  • UNCITRAL Model Law (UML)
  • EU Procurement Directives (EUD)
• Recommendation: Amend the PPA to ensure all parastatals are covered, regardless of subsidy status.

Procurement Procedures and Practices

• Procurement Planning: The release of funds is a critical step in procurement planning.
• Procurement Methods: Competitive tendering is the main method. Other methods include:
  • Request for Quotation (RFQ)
  • Direct procurement
• Transparency and Publicity: There are formal requirements for publicity, but the implementation is inconsistent.
• Pre-qualification and Qualitative Criteria: Pre-qualification processes are in place, but the use of qualitative criteria is limited.
• Tender Documents: Standard Bidding Documents (SBDs) are used, but their quality and consistency vary.
• Bid Submission and Opening: Time limits and procedures are defined, but delays are common.
• Contract Award: Criteria include value for money, but domestic preferences are still applied.
• Complaints and Reviews: A mechanism exists for complaints and administrative reviews, but it is not well publicized or utilized.
• Recommendations:
  • Improve transparency and publicity in procurement.
  • Streamline pre-qualification and tendering processes.
  • Strengthen contract award criteria and reduce domestic preferences.
  • Enhance the complaints and administrative review system.

Organisation and Resources

• Central Tender Board (CTB): The CTB is the main procurement authority, but its role is limited in terms of oversight and enforcement.
• Local Governments: Procurement is managed by local authorities, with some overlap with central ministries.
• Procurement Management Units (PMUs): These units are being established to improve procurement oversight at the local level.
• Resources and Capacity: There is a need to develop a dedicated procurement cadre and upgrade the skills of procurement professionals.
• Training: The Public Procurement Training Strategy (PPTS) is in place, but training institutions and programs require strengthening.
• Recommendations:
  • Establish and strengthen PMUs across all levels of government.
  • Develop a procurement cadre and improve training for procurement professionals.
  • Improve information dissemination about the Regulatory Authority (RA) and the Public Procurement Appeals Authority (PPAA).

Audit and Anti-Corruption Measures

• Corruption in Procurement: Corruption is a significant issue, particularly in the public sector.
• Anti-Corruption Legislation: The Prevention of Corruption Act (1971) and the Organized Crime Control Act (1984) form the basis for anti-corruption efforts.
• National Anti-Corruption Strategy and Action Plan (NACSAP): This strategy is being implemented to combat corruption.
• Oversight Institutions: Institutions like the National Audit Office (NAO) and the Prevention of Corruption Bureau (PCB) are involved in monitoring and enforcing anti-corruption measures.
• Recommendations:
  • Strengthen the capacity of anti-corruption agencies.
  • Improve access to information and involve the media and NGOs in monitoring.
  • Introduce whistleblowing mechanisms and performance indicators to measure anti-corruption progress.

Public Sector Management Performance

• The public procurement system is in the process of reform, with a focus on improving transparency, efficiency, and accountability.
• There is a need for better coordination between central and local governments.
• The Country Assistance Strategy (CAS) supports reforms in governance and public financial management.

E-Procurement

• E-procurement is under development, but challenges include:
  • Limited technological infrastructure
  • Inconsistent implementation across sectors
  • Need for standardization and training
• Recommendations:
  • Develop a comprehensive e-procurement strategy.
  • Improve digital infrastructure and training for procurement staff.

Performance on Bank-Assisted Projects

• The World Bank has provided significant financial and technical support to Tanzania through various projects.
• Issues identified include:
  • Delays in tender openings and bid submissions
  • Inadequate performance security
  • Limited use of standard bidding documents
  • Inconsistent application of procurement rules
• Recommendations:
  • Improve timeliness and transparency in procurement procedures.
  • Strengthen performance security mechanisms.
  • Ensure consistent application of procurement rules across all projects.

General Risk Assessment

• The report highlights risks related to:
  • Weak enforcement of procurement rules
  • Inconsistent application of standards
  • Limited transparency and accountability
  • Inadequate capacity in procurement management

Private Sector

• The private sector is growing, but it remains underdeveloped compared to the public sector.
• Trade practices and customs procedures are being reviewed to improve efficiency and reduce corruption.
• The private sector's role in procurement is limited, with the majority of procurement still managed by the public sector.

Zanzibar Overview

• Zanzibar has its own procurement rules and regulations, separate from the mainland.
• The report includes a separate review of Zanzibar’s procurement systems.
• Recommendations:
  • Align Zanzibar’s procurement practices with the mainland and international standards.
  • Strengthen the role of the Zanzibar government in procurement oversight.

Recommended Action Plan

• The Government of Tanzania and the World Bank are advised to:

  • Implement reforms to the procurement legal framework.
  • Strengthen procurement management units and oversight mechanisms.
  • Improve transparency and accountability in procurement processes.
  • Develop and implement an e-procurement strategy.
  • Enhance training and capacity-building for procurement professionals.
  • Monitor and evaluate the effectiveness of anti-corruption measures.

• A timetable and funding plan are also outlined to support these reforms.

Key Figures and Tables

• Currency Equivalents: 1 USD = 1,050 Tshs (as of April 15, 2002)
• Fiscal Year: July 1 – June 30
• World Bank Loan Portfolio (as of June 30, 2002):
  • Total net commitment: USD 1,233 million
  • Largest projects include the Second Integrated Roads Project and the Public Service Reform Project
• Procurement Thresholds and Time Limits are outlined in figures, highlighting inconsistencies and inefficiencies.
• Training Needs Assessment (TNA) and Training of Trainers (ToT) are recommended to build procurement capacity.

Conclusion

The CPAR report emphasizes the need for comprehensive reforms in Tanzania’s public procurement system to align it with international standards, improve transparency and efficiency, and reduce corruption. It outlines a clear action plan, including legal amendments, capacity building, and the development of e-procurement systems. The report also highlights the importance of collaboration between the Government and the World Bank to ensure successful implementation of these reforms.