2001年-世界发展银行全球_Turkey___Country_Procurement_Assessment_Report_36页_378kb

Turkey Country Procedure Assessment Report (CPAR) Summary

Core Content

This report, prepared by the World Bank in June 2001, evaluates the public procurement system in Turkey and provides recommendations for its improvement. The assessment was conducted in collaboration with the Turkish government and the European Commission, focusing on legal, procedural, institutional, and audit-related aspects of public procurement. The goal is to enhance transparency, accountability, and competitiveness in the system, aligning it with international standards and EU procurement directives.

Main Findings and Recommendations

Legal and Regulatory Framework

• Sources of Law: Turkey follows a civil law system, with laws influenced by Swiss, French, and Italian legal traditions. The legal framework is primarily based on the Government Procurement Law (GPL) No. 2886 (1983), amended by Law No. 2990 (1984).
• Scope of the GPL: The GPL applies to all public procurement at the central government level, municipalities, and local administrations. It excludes procurement by State Economic Enterprises (SEEs), which operate under their own internal regulations.
• Deficiencies: The GPL is outdated and does not adequately address the procurement of goods and services. It includes problematic provisions such as pricing based on pre-defined unit rates and oral bidding.
• Recommendations:
  • Draft a new national public procurement law that meets the standards of the UNCITRAL Model Law.
  • Ensure the law covers all public procurement, including SEEs.
  • Include detailed implementing regulations after the law is enacted.
  • Develop a planned and progressive legislative reform program to align with EU directives.

Procurement Procedures and Practices

• Procurement Planning: The State Planning Organization (SPO) screens and approves investment projects. However, multi-year procurement planning is hindered by the fact that payments cannot be made beyond the fiscal year covered by the budget.
• Bidder Participation:
  • The qualification process is flawed, with the Contractor Certificate ("carnet") system being prone to abuse.
  • Foreign bidders face excessive restrictions.
• Recommendations:
  • Introduce a formal pre-qualification process.
  • Reform the "carnet" system to ensure it reflects actual contractor capabilities.
  • Allow foreign bidders to participate above certain financial thresholds and remove bureaucratic barriers.
  • Revise procurement methods to prioritize sealed bidding and introduce new methods for small purchases and direct contracting.
  • Enhance transparency by requiring more rigorous advertising and publication of contract awards.
  • Improve the bid protest mechanism by allowing bidders to protest with the procuring entity and seek administrative review.

Organization and Resources

• Roles and Responsibilities: Procurement is decentralized, but there is no central body to monitor compliance with the GPL.
• Training and Development: There is a lack of specialist procurement training for public officials.
• Relations with Business Community: The business community lacks confidence in the fair application of procurement laws.
• Recommendations:
  • Create an independent national procurement office.
  • Develop a national strategy for procurement training across all levels of public administration.
  • Initiate an outreach program to engage with the business sector and disseminate procurement information.

Audit and Anti-Corruption Measures

• Current Audit System: The Turkish Court of Accounts (TCA) lacks sufficient resources and investigative powers.
• Anti-Corruption Measures: The government has not yet developed a comprehensive anti-corruption strategy.
• Recommendations:
  • Strengthen the TCA with more resources and training in procurement law.
  • Publish audit reports on procurement to increase transparency.
  • Enhance the GPL's connection with criminal law to include stronger sanctions for procurement violations, such as temporary disqualification or permanent debarment.

Public Sector Management Performance

• The public procurement system is not performing efficiently, with poor contract execution and frequent delays in project completion.

Performance on Bank-Assisted Projects

• Bank-assisted projects have shown strengths in procurement practices but also weaknesses in implementation and compliance.
• Recommendations include improving the alignment of procurement procedures with international standards and ensuring better coordination among procuring entities.

General Risk Assessment

• The procurement system is vulnerable to corruption and inefficiency, especially in the context of the SEEs and the lack of oversight.

Strategic Approach

• A comprehensive legislative and institutional reform is needed to align Turkey's procurement system with international standards and EU directives.
• The World Bank and the European Commission are expected to support the government in this process.

Measures to Be Taken

• Government: Draft a new procurement law, establish a drafting committee, and implement training and outreach programs.
• World Bank: Continue support through technical assistance and supervision.

Key Recommendations Summary

• Draft a new public procurement law by October 2001 that aligns with UNCITRAL Model Law and EU directives.
• Ensure the law covers all public procurement, including SEEs.
• Reform the "carnet" system and improve bidder qualification processes.
• Enhance transparency and accountability by requiring more rigorous advertising and bid protest mechanisms.
• Strengthen audit and anti-corruption measures.
• Create an independent national procurement office.
• Develop a national training strategy and engage with the business community.

Conclusion

This report outlines a comprehensive and challenging agenda for the development of Turkey's public procurement system, emphasizing the need for legislative, regulatory, and institutional reforms. It proposes an Action Plan to achieve key priorities and highlights the importance of the World Bank's support in this endeavor.