2000年-世界发展银行全球_Nigeria___Country_Procurement_Assessment_Report_Volume_2_Main_Text_and_Annexes_218页_10mb

报告摘要

Nigeria Country Procurement Assessment Report (CPAR) - June, 2000 (Volume II) Summary

Core Content

This document presents a comprehensive assessment of Nigeria’s procurement framework, focusing on the legal and regulatory environment, procurement procedures, organizational structures, and the potential for reform. It outlines the current state of procurement practices and identifies areas for improvement, especially in relation to international standards such as the World Bank Guidelines (WBG) and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Procurement.

Main Legal and Regulatory Framework

Legal System

Nigeria operates under a Federal Republic legal system, based on English Common Law.
There is no specific public procurement law at the national level, and procurement is governed by Financial Regulations (FR) issued by the Federal Ministry of Finance.
The FR are internal administrative guidelines, not laws, and apply only to Federal administration and its parastatals.
They are not codified, and their implementation is subject to the discretion of the government.
A codified contract law does not exist, and contracts are based on case law.
The legal framework for import procurement could be strengthened by Nigeria’s accession to the United Nations Convention on Contracts for the International Sale of Goods.

Internal Circulars and Guidelines

A wide range of circulars and guidelines exist at both Federal and State levels.
These are issued to clarify the FR, but their multiplicity indicates a lack of coherence in the current system.
A uniform procurement system and centralized oversight are recommended to address this issue.

State-Level Procurement Regulations

Each State has the authority to create its own procurement regulations.
Most states have adopted similar or identical regulations to the Federal FR.
However, autonomy remains a key feature, making it difficult to achieve national uniformity in procurement practices.

Benchmarking with International Standards

The UNCITRAL Model Law (UML) is considered an appropriate framework for Nigeria’s transition economy.
The UML aims to promote transparency, objectivity, and efficiency in public procurement, while curbing corruption and abuse.
It is not a law in itself but provides guiding principles that should be integrated into national legislation.
The World Bank Guidelines (WBG) are also referenced as a global standard for procurement, emphasizing transparency, economy, and efficiency.
The European Union Directives (EUD) provide a broad regulatory framework, but are not directly applicable to Nigeria unless required by funding sources.

Key Procurement Procedures

Benchmark 1 - Procuring Entities Subject to Regulation

FR applies only to the Federal Government and its parastatals.
EUD covers both public and private entities if they are financed or controlled by public bodies.
WBG applies to projects funded by the World Bank.
UML applies to all procuring entities except those involved in national security or defense.

Benchmark 2 - Applicable Sectors

FR covers all public procurement without sector-specific exemptions.
EUD applies to goods, services, public works, and public supply, with separate directives for each sector.
WBG applies to all sectors of procurement, with distinct rules for consultancy services.
UML covers all sectors except defense and security, with distinct rules for consultancy services.

Benchmark 3 - Methods of Procurement and Conditions

FR mandates open competitive tendering as the preferred method, but lacks detailed definitions or guidelines.
EUD allows open and restricted tendering, with strict conditions for negotiated tendering.
WBG promotes International Competitive Bidding (ICB) as the main method, with various alternatives such as limited bidding, direct contracting, and shopping.
UML includes open tendering with or without prequalification and negotiated procedures for services, with strict criteria for prequalification.

Benchmark 4 - Application of Thresholds

FR sets N500,000 as the threshold for public tendering.
EUD has sector-specific thresholds (e.g., Euro 200,000 for goods and services, Euro 5,000,000 for works).
WBG thresholds vary by project and country.
UML includes general thresholds, but no exact economic thresholds are defined. Thresholds and calculation rules should be set by secondary legislation under the Public Procurement Commission (PPC).

Benchmark 5 - Advertisement of Tenders

FR allows advertising in the Gazette and local press, but no obligation for international or national publication.
EUD requires advertising in the Official Journal of the European Communities, with optional local or national advertising.
WBG mandates advertising in Development Business, with optional international or national advertising.
UML requires mandatory advertising of all tenders, with flexibility in choosing the official gazette as the primary medium.

Benchmark 6 - Prequalification

FR does not regulate prequalification, but allows short-listing by tender boards.
EUD provides detailed criteria and mandatory documents for prequalification.
WBG allows prequalification in complex procurements, with mandatory invitation and exclusive criteria.
UML includes exclusive prequalification criteria and bans the use of other criteria.

Benchmark 7 - Qualitative Selection Criteria

FR allows local discretion in selection criteria, which can lead to non-transparency.
EUD mandates specific documents and exclusive criteria for qualitative selection.
WBG emphasizes experience, past performance, and capabilities as selection criteria.
UML includes strict criteria for qualitative selection, including professional qualifications, financial resources, and reputation.

Key Recommendations and Actions

The introduction of a Procurement Law and the establishment of an independent Public Procurement Commission (PPC) are key recommendations.
The PPC is to act as an oversight body, ensuring transparency, efficiency, and accountability in public procurement.
A uniform procurement system and centralized control are needed to harmonize Federal and State practices.
Secondary legislation under the PPC should define thresholds, calculation rules, and procurement procedures.
The UNCITRAL Model Law should be implemented with support from the PPC.
Training and communication strategies are recommended to improve procurement practices and institutional capacity.

Conclusion

The Nigerian procurement system is fragmented, lacking uniformity, and insufficiently regulated. While internal guidelines and state-level regulations exist, they are inconsistent and lack transparency. The World Bank Guidelines and the UNCITRAL Model Law provide a solid foundation for reform, emphasizing transparency, efficiency, and accountability. The establishment of a PPC and the adoption of a national procurement law are essential to modernize the system and align it with international standards.