2004年-世界发展银行全球_Timor-Leste___Country_Procurement_Assessment_Report_60页_4mb

Timor-Leste Country Procurement Assessment Report Summary

Executive Summary

Introduction

The Timor-Leste Country Procurement Assessment Report (CPAR) was conducted jointly by the World Bank, ADB, and the Government of Timor-Leste, represented by its Procurement Division. The report aims to initiate a dialogue with the Government on the need for an efficient procurement system and to help establish a framework for formulating procurement policies. The CPAR focuses on four key areas:

• Legal and regulatory framework for public procurement
• Procurement policies, procedures, and institutions
• Government procurement capacity
• Lessons learned in a post-conflict environment

Key Findings

• Legal and Regulatory Framework: Regulation 2000/10 on Public Procurement is the main legal instrument in Timor-Leste, adopted from the UN Transitional Administrator. It is based on the UNCITRAL Model Law and reflects international best practices. However, it needs to be revised to align with the requirements of an independent country and the procurement guidelines of the World Bank, ADB, and other development partners.
• Procurement Organization and Procedures: A centralized procurement system is in place, managed by the Procurement Division of OGPSIM. However, long-term effectiveness is questionable. The report recommends that ministries with high procurement volumes should handle their own procurement, while the Procurement Division should focus on areas with potential for efficiency and economy of scale.
• Procurement Capacity: The lack of procurement capacity is the greatest challenge for Timor-Leste. International advisors have been assisting in procurement, but the country will need to rely on them for the foreseeable future. Steps should be taken to develop the capacity of Timorese staff.
• Lessons Learnt in Post-Conflict Situations: The report highlights the need for early procurement capacity assessment, recruitment of international advisors with skill transfer, establishment of clear procurement policies and procedures, and integration of PMUs into the government infrastructure.

Risk Assessment

The general assessment of procurement risks is "high" due to the extremely weak procurement capacity. While limited experience does not indicate significant corruption, the risk can be mitigated through the implementation of the training program recommended in the CPAR.

Recommended Action Plan

• Legal and Regulatory Framework: Develop the legal framework based on the UNCITRAL Model Law and international guidelines. A draft regulation has already been prepared.
• Procurement Organization and Resources: Retain at least four international advisors until December 2004 to assist in the Procurement Division. Consider decentralization for operating ministries with large capital expenditure needs.
• Procurement Procedures and Practices: Review and revise procurement and implementation manuals, harmonize procedures with international best practices, and address procurement thresholds, budget integration, and bid protest procedures.
• Audit and Procurement Oversight: Strengthen procurement oversight through independent private auditors and establish an Independent Audit Department reporting directly to Parliament. Create a database of debarred firms and individuals.
• Capacity Building and Training: Provide training to procurement staff, government officials, and local contractors. Consider a system of professional accreditation and on-the-job training with international support.
• Domestic Suppliers: Conduct basic procurement training for national contractors, suppliers, and consultants. Encourage them to work as sub-contractors or sub-consultants to international firms until local capacity is developed.

Country Procedure Assessment

Preface

The CPAR was conducted between February and August 2002 by a joint team from the World Bank, ADB, and ETPA. The World Bank's mission in February 2002 helped ETPA develop an Interim Strategy Paper on Public Procurement, which served as the foundation for the Initiating Concept Memorandum (ICM). The ICM was reviewed by the World Bank, ADB, and ETPA in March 2002, leading to the main review mission in April 2002. A follow-up mission in September 2002 reviewed the draft CPAR with the Government, considering developments since independence.

Background

• Country History: Timor-Leste was a Portuguese colony for 450 years, then occupied by Indonesia in 1975 and annexed in 1976. The two and a half decades of Indonesian rule saw little development of local managerial and leadership capacity. The political and social environment was not conducive to a strong domestic business sector.
• Post-Conflict Situation: In August 1999, a UN-supervised referendum led to a vote for independence, followed by a campaign of violence that displaced over half the population and destroyed 70% of infrastructure. Many government records were also lost, complicating the establishment of local industry.
• Government Transition: The UNTAET was established in late 1999 to oversee the transition to self-government. The ETTA was formed in August 2000, and RDTL became fully independent on May 20, 2002. The UN continues support through UNMISET, and the World Bank and ADB, along with UNDP, are engaged in building the administrative structure for an independent state.

Objectives and Scope of the CPAR

The CPAR aims to:

• Analyze the current public procurement system and assess the appropriateness of existing regulations
• Evaluate institutional and organizational risks in procurement and recommend appropriate structures and control mechanisms
• Identify skill and experience gaps and suggest training programs
• Agree on an action plan with the Government to address priority issues and required resources

The scope of the CPAR includes:

• Legal and regulatory framework for public procurement
• Current procurement policies, procedures, and institutions
• Government procurement capacity
• Lessons learned in a post-conflict environment

Transitional Assistance Strategy

The Bank's Transitional Support Strategy, presented in November 2000, provides the framework for assistance in the immediate post-independence period. It focuses on:

• Basic poverty alleviation and reconstruction
• Analytical and advisory support on post-independence policy and governance issues

The Trust Fund for East Timor (TFET) has been the primary vehicle for Bank support, financing projects totaling $170 million. The Consolidated Fund for East Timor (CFET) focuses on recurrent expenditures. The Bank has also supported the National Development Plan and a capacity-building program for political and administrative leadership.

Summary of Critical Findings

• Legal and Regulatory Framework: Regulation 2000/10 is the primary legal instrument but requires revision to align with an independent country's needs and international best practices.
• Procurement Organization and Procedures: A centralized system exists, but long-term effectiveness is questionable. Decentralization is recommended for operating ministries with large capital expenditure needs.
• Procurement Capacity: The country lacks sufficient capacity, and international advisors are still necessary. Training and capacity-building are critical for long-term sustainability.
• Lessons Learnt: Early capacity assessment, recruitment of international advisors with skill transfer, clear policies and procedures, and integration of PMUs into the government infrastructure are essential.
• Risk Assessment: Procurement risks are high due to weak capacity, but training and oversight can mitigate them.

Recommended Action Plan

• Legal and Regulatory Framework: Develop the legal framework based on UNCITRAL Model Law and international guidelines.
• Procurement Organization and Resources: Retain international advisors and decide on the extent of decentralization.
• Procurement Procedures and Practices: Review and revise procurement manuals and procedures to align with international standards.
• Audit and Procurement Oversight: Strengthen oversight with independent auditors and establish an Independent Audit Department.
• Capacity Building and Training: Provide training to procurement staff and local contractors, with a focus on professional accreditation and on-the-job training.
• Domestic Suppliers: Conduct basic procurement training for local suppliers and encourage them to work as sub-contractors.