2002年-世界发展银行全球_Nepal___Country_Procurement_Assessment_Report_103页_5mb

Nepal Country Procurement Assessment Report (CPAR) Summary

Core Content

This report, titled Nepal Country Procurement Assessment Report (CPAR), was prepared by the World Bank in 2002. It evaluates the procurement system in Nepal and provides recommendations for improving its efficiency, transparency, and competitiveness. The assessment was conducted through a mission in 1999 and finalized in 2001 after discussions with Nepalese government officials.

Main Findings

1. Problem Projects: In 2000, 4 out of 9 World Bank-financed projects in Nepal were rated as problem projects, with a 44% risk ratio, significantly higher than the Bank's 20% average.
2. Procurement Rules: Nepal's procurement system is governed by the Financial Administration (Related) Rules, 1999 (FAR'99), which are issued by the government rather than by a legislative body. This system is outdated and lacks transparency and competitiveness.
3. Lack of Legal Framework: Unlike most countries, Nepal does not have a comprehensive public procurement law. Instead, it relies on administrative rules, which are not in the public interest to be easily changed.
4. Inadequate Legal Protections: Nepalese laws penalize only passive corruption (e.g., accepting bribes) but not active corruption (e.g., offering bribes). There is also a lack of effective mechanisms for resolving bidders' grievances and contractual disputes.
5. Procurement Practices: The Construction Enterprises Act, 1999 and Rules, 2000 impose restrictions on competition by classifying contractors into different categories based on size, which is detrimental to a healthy local construction industry.
6. Inefficient Procurement: Public officials, including those in the Auditor General's Office (AGO), often lack proper training and expertise in procurement. This leads to poor planning, delays, and inefficiency in the procurement process.

Key Issues Identified

• Inadequate Training: Most public officials lack knowledge of efficient procurement concepts, procedures, and ethics.
• Outdated Procedures: The FAR'99 rules do not align with modern procurement standards, and many provisions are not transparent or competitive.
• Conflict Between Rules: There are conflicts between the Standard Bidding Documents (SBDs) and the FAR'99, particularly regarding bid preparation time, evaluation criteria, and bid security.
• Preference for Local Bidders: The system allows for preference given to local bidders, which may hinder fair competition.
• Lack of Transparency: The procurement process is not transparent, and there are no clear mechanisms for resolving disputes or grievances.
• Corruption Concerns: There is a perception of corruption in public procurement, and the current legal framework does not adequately address it.

Principal Recommendations

1. Enact a Public Procurement Law: Based on the UNCITRAL Model Law for Arbitration, a modern, transparent, and competitive public procurement law should be enacted to apply to all public entities and parastatals.
2. Establish an Independent Procurement Agency: A small, independent procurement agency should be created to handle policy aspects, not oversight or line clearances.
3. Amend FAR'99: Until the new law is enacted, FAR'99 should be amended to align with modern procurement practices, including:
   • Allowing bidders to amend or withdraw bids before the deadline.
   • Not restricting larger contractors from competing with smaller ones.
   • Eliminating the two-envelope system for goods and works.
   • Not considering commissions paid to Nepalese agents in bid evaluation.
4. Standardize Bidding Documents: Develop and use standardized bidding documents for all public procurement, including for HMG and ADB-financed projects.
5. Improve Procurement Training: Conduct procurement training for all levels of government, including the Auditor General's staff, to enhance understanding of procedures and ethics.
6. Update Legal Framework: Amend the Revenue and Government Contracts Act, 1963 to exclude procurement of goods, works, and services from its scope.
7. Enhance Transparency and Accountability: Improve mechanisms for resolving bidders' grievances and contractual disputes, and ensure that procurement processes are transparent and fair.

Conclusion

The report highlights the urgent need for reform in Nepal's procurement system to ensure it is transparent, competitive, and in the public interest. It emphasizes the importance of legal and procedural changes, training of public officials, and the establishment of an independent procurement agency. The recommendations aim to align Nepal's procurement practices with international standards and improve the efficiency and fairness of the process.