Title: WTO/WORLD BANK REGIONAL WORKSHOP ON PROCUREMENT REFORMS AND TRANSPARENCY IN PUBLIC PROCUREMENT Dar es Salaam, Tanzania 14 - 17 January 2003
1WTO/WORLD BANK REGIONAL WORKSHOP ON PROCUREMENT
REFORMS AND TRANSPARENCY IN PUBLIC
PROCUREMENTDar es Salaam, Tanzania 14 - 17
January 2003
- Session 6 - Work of the
- WTO Working Group on
- Transparency in Government Procurement
- by
- Kodjo Osei-Lah
- WTO Secretariat
2Presentation focus
- Twelve Elements of a Possible Transparency
Agreement - Focus of this presentation Items II VII, IX
- Aspects of Principles of Transparency and the
work of the Working Group (WG) on elements of a
future agreement on transparency in government
procurement
3List of Elements Covered Items II VII IX
Item II Procurement Methods
Item III Publication of Information on National Legislation and Procedures
Item IV Information on Procurement Opportunities, Tendering and Qualification Procedures
Item V Time Periods
Item VI Transparency of Decisions on Qualification
Item VII Transparency of Decisions on Contract Awards
Item IX Other Matters Related to Transparency
4Item II
5Item II Procurement Methods
- Three broad categories generally identified
- Public or open tendering
- Selective tendering
- Limited tendering, e.g. direct contracting,
single source procurement - Transparency principles in relation to selection
of procurement method - Transparency in choice of appropriate method
- Transparency in use of less transparent methods,
e.g. limited tendering
6Procurement Methods - 2
- Issues raised
- Flexibility in use of different procurement
methods - Limited tendering whether conditions of use fall
within or outside the scope of a TGP Agreement - Suggestions for post-award publication of
information on limited tendering when used - Administrative burden/cost
7Item III
- Publication of Information on National
Legislation and Procedures
8Extant publication requirements
- GATT 1994 Article X GATS Article III
- Laws, regulations, judicial decisions,
administrative rulings - GPA Article XIX
- Relevant laws, regulations, judicial decisions,
administrative rulings, and procedures on
government procurement - National practices
- National constitutions, procurement laws,
regulations, various horizontal laws guidelines
9WG Discussions
- Two main issues
- Type of information
- Mode of provision
- Type of Information What should be provided?
- Publication/public accessibility of relevant laws
regulations - Other laws/instruments, e.g
- specific procurement laws,
- relevant administrative rulings
- policy guidance
- judicial decisions
- Changes or amendments to the above
- Issues raised publication obligations onerous
and costly
10How information should be made available
- Requirement is for accessibility information can
be printed, electronic or both - Publication of information
- In national language WTO language optional
- Levying of fees - views expressed
- To be non-discriminatory and
- Limited to cost of publication
- Consideration also to be given to cost of
creation (of information), and recovery thereof
in fees - Cost impact and administrative burden on
developing countries
11Enquiry Points
- Existing instruments requiring establishment of
national enquiry point for information - GATS Art III4, IV2, IV3
- GPA Art V11
- Should a TGP agreement have provisions on
establishment of enquiry points? - Purpose provision of info on national
legislation, etc - Case of decentralised procurement systems
12Item IV
- Information on Procurement Opportunities,
Tendering and Qualification Procedures
13Main Issues and Approaches in WG
- Main issues
- Prior availability of information
- Sufficiency of information
- Approaches raised in WG discussions
- What should be the content of information?
- Nature of provisions in an agreement on prior
information that should be provided - stipulated list of minimum requirements?
- illustrative list of prior information?
- general guiding principles only?
14Approaches, contdMaking Information Available
- Approaches, contd
- Possible minimum content of information
- National preferences
- outside scope of a future transparency agreement
- nevertheless, relevant prior information to be
provided - Making information available
- Through publication, or
- Publishing via an accessible source
- Media printed or electronic or both
15Selective Limited Tendering
- Case of selective or limited tendering
- Certain basic types of information to be
provided? - Prior information requirements otherwise to apply
to open tendering? - Small-value procurements
- to be exempted from information requirements?
- Administrative burden/cost
16Item V
17WG Discussions
- General Considerations
- Significant variations in national
practices/legislations - Due regard to be accorded to type of procurement
- Minimum or harmonised time periods not to be
prescribed - Possible criteria
- Sufficient/reasonable time to prepare / submit
bids - Non-discrimination in application of time periods
18Issues and points made in WG
- Clarity / certainty of term sufficient time
- Time periods to be specified in tender notices
- Any changes to time periods made known /
generally accessible - Whether time periods relate to transparency
19Item VI
- Transparency of Decisions on Qualification
20Main Issues in WG Discussions
- Two main issues
- Transparency of qualification criteria
- Provision of information on decisions
registration lists - Criteria to be
- pre-established and pre-disclosed
- provided in sufficient time
- Changes advised to suppliers, in
non-discriminatory manner - Content or substance of qualification criteria
- outside scope of a TGP?
21Main Issues - 2
- National preferences in favour of domestic
suppliers (see also Item VII) - Outside scope of a transparency agreement
- However, any preferences to be applied in
non-discriminatory manner - Qualification systems
- To be open to all eligible suppliers in
non-discriminatory manner - Open to new suppliers
- Provision of information on qualification
decisions - Public accessibility of information
- Provision to all participating suppliers
22Item VII
- Transparency of Decisions on Contract Awards
23Elements in international instruments
- Three broad elements
- Transparency of Criteria
- Receipt and opening of tenders
- Ex post information on contract awards
- Transparency of criteria
- Objectivity
- Evaluation of tenders
- Participation of Suppliers
- Award of contracts
24International Instruments - 2
- Receipt opening of tenders
- Regularity/impartiality of procedures
- Corrections alterations
- Negotiation
- Confidentiality
- Clarifications
- Ex post Information
- Provision
- Timing
- Content
- Confidentiality
25WG Discussions - Transparency of criteria
- Broadly in line with international instruments.
- Issues raised
- A TGP agreement not to set out criteria
- Flexibility required, e.g. on
- negotiations, force majeure
- Should content of specification be addressed in a
TGP agreement? - Advice received on development of specifications
- to be pre-disclosed or supplier barred
26Receipt opening of tenders
- WG discussions broadly consistent with
international instruments - Issues raised
- Entities to have procedures to guarantee
- regularity
- impartiality
- Whether setting of detailed procedures within
ambit of work of WG? - Procedures to be transparent
27Ex post information
- Provision of ex post information - Options
- In accordance with national legislation
- Minimum content of information
- Illustrative list
- Debrief opportunity for unsuccessful suppliers
- At discretion of procuring entity
- Publication of information - whether
- All cases or less transparent procurement only
- Issues of cost/administrative burden raised
28Item IX
- Other Matters Related to Transparency
29Item IX Other Matters
- Maintenance of records
- Provides audit trail, basis of accountability
- Type, form and duration of information maintained
- Should an agreement have provisions on above?
- Information technology
- Low cost, uniform access to information for
suppliers - However, possible technology barrier to some
suppliers in developing countries e.g. SME - Best endeavours provision?
30Other Matters - 2
- Language
- Information on procurement opportunities to be
made in Members official language - Certain information in a WTO language?
- Fight against bribery and corruption
- Possible impact of transparency on reducing
bribery and corruption - However, outside scope of WG work?
- To be dealt with through national legislation?
31End Note
- A brief account of the state of discussion in the
WG - For further information
- See WTO document pack available at this workshop
- Visit WTO website www.wto.org
32Abbreviations Acronyms