Regional Public Procurement Assessment

Regional Public Procurement Sector Assessment

In 2012 the African Development Bank and the European Bank for Reconstruction and Development completed assessments of the public procurement laws and practice in the North Africa and SEMED region.

The AfDB Public Procurement Assessment

The African Development Bank (AfDB), World Bank (WB) and European Union (EU) collaborated with the Tunisian Government to conduct the “Assessment of the Public Procurement System in Tunisia” which was completed in 2012 in line with AfDB's efforts to promote sound business practices in its 55 Regional Member Countries (RMCs). The assessment is consistent with AfDB's policy to support RMCs promote sound procurement practices regarding efficiency and economy in line with the Paris Declaration, the Accra Agenda for Actions, and the Fourth High Level Forum on Aid Effectiveness. Within the same framework, the AfDB has conducted assessment of the National Competitive Bidding (NCB) procedures in 48 RMCs with the objective to use these procedures under AfDB funded projects.

The OECD-DAC methodology was used for the “Assessment of the Public Procurement System in Tunisia” to benchmark the Tunisian the procurement system against international standards. With technical and material support from AfDB and WB, the self-assessment was conducted by the National Coordination and Monitoring Committee (CNCS) on public procurement reform comprising representatives of the administration, civil society and the private sector.

The assessment was done against the four pillars of the OECD-DAC methodology: (a) Legislative and regulatory frame work, (b) Institutional Framework and management capacity, (c) Procurement operation and market practices, and (d) integrity and transparency of the public procurement system.

The results of the assessment show some weaknesses and therefore an action plan has been prepared which details out measures required to improve the public procurement system. The report has been approved by the Government of Tunisia and it is expected to serve as a catalyst for other countries to embark upon public procurement reforms.

This website presents the assessment report which has been launched on 22 - 23 April 2013, during the public procurement reform conference in Marrakech, Morocco.

The AfDB and EBRD have jointly organized the workshop to lunch the final report on the assessment of the public procurement system of Tunisia and other reports prepared on some North Africa and Southern and Eastern Mediterranean (SEMED) Countries. AfDB has also taken advantage of this event and disseminated its concept related to the NCBs assessment.

About EBRD assessment

Following the EBRD Public Procurement Assessment of its 29 countries of operations in 2010, the EBRD Legal Transition Programme conducted its first public procurement sector assessment in the SEMED region, currently covering Egypt, Jordan, Morocco, and Tunisia. The sector assessment examined the quality of each country's public procurement regulatory framework and local procurement practice benchmarked against international best practice.

In order to give a representative overview of the sector, the assessment combined a review of the extensiveness of national public procurement laws, with a survey of the local procurement practice, and analysis of review and remedies procedures available to private sector suppliers and contractors in Egypt, Jordan, Morocco, and Tunisia. Public procurement legislation and practice were assessed against the EBRD Core Principles for Efficient Public Procurement Legal Framework, a specially developed assessment benchmark derived from international standards (UNCITRAL, the WTO GPA, and the EU public procurement policies) and supplemented by the procurement best practice of the international financial institutions. In addition efficiency and sustainability of the public procurement regulation or practice has been examined, as advocated by the Marrakesh Public Procurement Task Force. The assessment benchmarks embraced international best practice for modelling the three phases of the public procurement process - pre-tendering, tendering, and post-tendering.

One of the main aims of the assessment was to evaluate the level of development of public procurement laws and to identify elements of law and practice that reduce the efficiency and economy of the public procurement processes in the SEMED region. The assessment therefore comprised four key components: (a) a review of the quality of national public procurement legislation, (b) a review of local contracting entities public procurement practice, (c) a review of implementation of procurement sustainability policies, and (d) a case study dealing with public procurement review and remedies procedures. In each country local legal advisers and contracting entities were involved in the research.

Through this research project, the EBRD aims to influence and inspire policymakers to increase their efforts in legal reform in the region.