Assessment Reports

Evaluation of public procurement laws and practice

The EBRD SEMED Public Procurement Assessment Report presents an evaluation of the national public procurement legal and institutional frameworks and local procurement practice in Egypt, Jordan, Morocco and Tunisia, including the application of sustainability policies in public procurement practice. The assessment results are based on the research completed in 2012, including an evaluation of the public procurement legal frameworks in force before 30 July 2012 and local procurement practice surveyed before September 2012.

Country profiles for the 4 SEMED countries of the EBRD operations summarise the research findings on the status of the public procurement sector in each country. First, the profile presents an analysis of national public procurement laws; second, the results from the survey of local procurement practice are presented. Third, analysis of the strengths, weaknesses and regulatory risks of the current public procurement regulations and practice provides a basis for policy development recommendations.

The assessment revealed that there is vast diversity in approach to public procurement policies among the countries reported on. Its results indicate that governments are increasingly taking steps to reform their public procurement sector and open it to competition and international trade as well as implementing modern measures to improve procurement efficiency.

The assessment revealed that the SEMED countries achieve on average low to medium compliance with the Core Principles' benchmark, and for the most part legislation within the region is based on outdated policies. There is incomplete regulation of the pre-tendering and post-tendering phases of the public procurement process, with limited access to information on procurement opportunities and a lack of transparency regarding procurement decisions.

Broadly, the quality of the laws and practice in mid-2012 was evaluated at a low to medium compliance, with public procurement laws frequently not reflecting current international best practice. A gap in the adoption and implementation of transparency safeguards was revealed by the assessment in each country of operation, and should be underlined as a major weakness of public procurement regulation. In procurement capacity building, the training and development needs and requirements of procurement staff are not met. Review and remedies systems are generally non-existent throughout the SEMED region. The lack of demonstrably independent and professionally qualified remedies bodies have negatively influenced the marks achieved for enforceability throughout the region. Consequently, continued public procurement reform in the SEMED region is recommended with specific emphasis on incorporating transparency safeguards and efficiency instruments throughout all three stages of the public procurement process.