2013年-世界发展银行全球_Republic_of_South_Sudan___Country_Integrated_Fiduciary_Assessment_Southern_Sudan_Volume_3_South_Sudan_Procurement_Assessment_Report_126页_40mb

South Sudan Procurement Assessment Report Summary

Core Content

This report, South Sudan Procurement Assessment Report (SSPAR), is part of the South Sudan Integrated Fiduciary Assessment (SSIFA) and was conducted in June 2011. It evaluates the public procurement system in South Sudan, identifies challenges, and provides recommendations for reform. The assessment is based on the OECD-DAC methodology, which evaluates procurement systems using four pillars: Legal and Regulatory Framework, Institutional Framework and Management Capacity, Procurement Operations and Market Practices, and Integrity and Transparency.

Main Findings and Recommendations

Key Issues Identified

• Legal and Regulatory Framework: The current legal framework, based on the Interim Public Procurement and Disposal Regulations (IPPDR) of 2006, lacks legislative authority and has ambiguous rules regarding contract splitting and value calculation. It is an interim framework, and a new procurement law based on the UNCITRAL model law is being drafted.
• Institutional Framework and Management Capacity: The Procurement Policy Unit (PPU), established under IPPDR, lacks independence, authority, and resources to effectively monitor procurement. There is a lack of comprehensive training and capacity-building strategies.
• Procurement Operations and Market Practices: The private sector is underdeveloped, with limited business and management expertise. Procurement procedures are not well established or communicated, and single sourcing is prevalent, undermining value for money. Payment delays and poor contract management are common.
• Integrity and Transparency: Oversight mechanisms are weak, and corruption remains a major challenge. The Audit Chamber and the South Sudan Anti-Corruption Commission (SSAC) are in early stages of development, with limited capacity and no published audit reports. There is no independent complaints mechanism.

Key Recommendations

• Short-term actions:

  • Strengthen the Procurement Reform Task Force to oversee the implementation of the public procurement law.
  • Enact a public procurement and asset disposal law based on the UNCITRAL model law.
  • Issue procurement regulations and standard bidding documents to operationalize the law.
  • Strengthen the Audit Chamber and the Anti-Corruption Commission to conduct procurement audits and investigations.
  • Establish an independent complaints mechanism.

• Medium to long-term actions:

  • Institutionalize procurement planning as part of budget preparation and execution.
  • Develop a central procurement information and monitoring system.
  • Build procurement capacity at both the national and state levels.
  • Encourage private-sector participation by creating a business-friendly environment.
  • Formalize inter-agency cooperation among accountability institutions to address corruption.

State-Level Findings

• Procurement operations at the state level were still in a waiting position post-independence (July 9, 2011).
• All targeted states (Jonglei, Northern Bahr el Ghazal, Unity, and Western Equatoria) have established procurement units in their finance ministries.
• These units are still reliant on central government guidance and lack clearly defined mandates and tasks.
• Procurement staff in these units often have limited experience and require immediate capacity-building.

Procurement Reform Action Plan

The report recommends a Procurement Reform Action Plan with a timeline spanning from 2011 to 2014, including both high-priority and medium-priority actions. Key elements include:

• Strengthening the Procurement Reform Task Force
• Enacting procurement legislation and supporting documents
• Enhancing procurement planning
• Clarifying the role and strengthening the capacities of the PPU
• Establishing a central procurement information and monitoring system
• Encouraging private-sector participation
• Introducing procurement checks in the Audit Chamber
• Instituting procurement investigations in the Anti-Corruption Commission
• Creating an independent complaints mechanism
• Strengthening inter-agency cooperation among accountability institutions

Risk Assessment

• Procurement risk is rated as high, due to the lack of compliance with IPPDR, weak oversight, and the prevalence of single sourcing.
• The risk affects both fund providers (taxpayers) and service recipients, who may suffer due to poor service delivery and lack of transparency.
• Mitigation measures include enacting the draft procurement law, strengthening oversight functions, and improving procurement capacity.

Summary of Procurement Ratings

The ratings indicate that while the legal framework is the strongest, the system is not yet compliant with international standards. Compliance is particularly weak in areas of integrity and transparency.

Conclusion

The procurement system in South Sudan is in its early stages of development and faces significant challenges in terms of legal framework, institutional capacity, market practices, and transparency. The report emphasizes the need for legal reform, institutional strengthening, and capacity building at all levels, from the national government to state and local authorities. The recommendations are aimed at ensuring that the procurement system becomes efficient, transparent, and accountable, aligning with international best practices.