2003年-世界发展银行全球_Tanzania___Country_Procurement_Assessment_Report_45页_2mb

Summary of the Country Procedure Assessment Report (CPAR) for Tanzania - Volume I

Core Content

This report, prepared by the World Bank, updates the Country Procedure Assessment Report (CPAR) from September 1996 and provides an in-depth analysis of Tanzania's legal and regulatory framework, procurement procedures, and management practices related to public procurement. It includes findings from two World Bank missions and input from an Independent Procurement Review (IPR) conducted by Global Procurement Consultants Limited (GPCL). The report also outlines key recommendations for improving transparency, efficiency, and accountability in the procurement process.

Main Findings

1. Legal and Regulatory Framework

• Procurement Laws: The 2001 Public Procurement Act (PPA) and its Regulations form the legal basis for public procurement in mainland Tanzania, while Zanzibar has its own rules.
• Legal Instruments: The PPA replaces all previous procurement legislation and covers both central government and local authorities. However, local government regulations under the Local Government Finance Act (LGFA) are still pending.
• Anti-Corruption Laws: The Prevention of Corruption Act (1971) and the Organized Crime Control Act (1984) support the Prevention of Corruption Bureau (PCB), which monitors and prosecutes malpractice in procurement.
• Procurement Methods: Competitive tendering is the main method, with options including International Competitive Bidding (ICB), National Competitive Bidding (NCB), Restricted Tendering, Competitive Quotations, Single Source Procurement, and Minor Value Procurement.
• Tender Advertising: While the PPA requires tender notices, there is no requirement for publication in the Government Gazette, leading to fragmented information sources.
• Pre-Qualification: Not mandatory under the PPA, but the CTB’s Standard Pre-qualification Document includes eligibility criteria and a list of advantages and disadvantages.
• Registration Lists: Bidders must be registered with an appropriate professional body, which may limit competition and create a double qualification process.
• Tender Documents: Standard Bidding Documents (SBDs) issued by the CTB are comprehensive but may be too complex for some procuring entities to use effectively.
• Filing System: Procurement protocols must be kept for 5 years and include detailed information on bidders, evaluations, and exceptions.
• Bid Submission and Opening: Rules are largely in line with international standards, including public opening and rejection of late bids.
• Time Limits: Minimum tender periods are set at 45 and 90 days for different procurement types, but these are not mandatory and may be misused.
• Contract Award: The PPA specifies "evaluated cost" as the main criterion for goods and works, with flexibility for consultants. The contract terms must be approved by the Attorney General.
• Domestic Preferences: The PPA allows a preference for local bidders, but this may be misused. There is a need for more efficient tender design to attract local suppliers.
• Negotiations: Both pre- and post-contract negotiations are allowed under certain conditions, but the lack of clarity hinders enforcement of the ban on unfair negotiations.
• Complaints and Appeals: A three-tier complaints system exists, but the Public Procurement Appeals Authority (PPAA) has not been established. Post-contract alterations are not subject to review.
• Local Government Procurement: The PPA has replaced the old Financial Memorandum, but local governments are still using outdated rules. Tender boards now exclude elected councillors.
• Defence Procurement: Special exceptions exist for sensitive procurements, but there is confusion about the status of the Military Tender Board and the separation of sensitive and non-sensitive procurement.

2. Procedures and Practices

• Procurement Planning: Minimal and often informal, leading to inefficiencies and missed opportunities for cost savings.
• Procurement Method Selection: Often based on the discretion of the accounting officer, leading to misuse of methods like competitive quotation even for large contracts.
• Tender Splitting: Common practice to avoid CTB approval, despite being prohibited by the PPA.
• Budgetary Constraints: Quarterly fund releases make long-term procurement planning difficult and ineffective.

Key Recommendations

Short Term Recommendations

• Clarify the application of the PPA to parastatals by amending the Act.
• Disseminate the new Local Government Authority Regulations.
• Support the distribution and enforcement of the CTB’s Standard Documents.
• Establish the Public Procurement Appeals Authority (PPAA).
• Introduce a Regulatory Authority as part of the procurement framework.

Long Term Recommendations

• Introduce a whistleblower facility in the law to enable anonymous reporting of procurement irregularities.
• Subject non-sensitive defence procurement to the PPA to ensure transparency.
• Ensure adequate remedies for misprocurement, including the possibility of annulment and re-tendering.
• Establish mandatory time limits for the main steps in the procurement process and review existing time limits.
• Introduce an effective ban on both pre- and post-contract negotiations to prevent collusion and corruption.

Conclusion

The CPAR highlights the need for strengthening the legal and institutional framework of public procurement in Tanzania, particularly in ensuring transparency, accountability, and efficiency. It also emphasizes the importance of capacity building, clear guidelines, and enforcement mechanisms to support the implementation of the PPA and improve procurement practices across both the mainland and Zanzibar.