This document discusses public procurement reform in Namibia. It identifies shortcomings in Namibia's current system, such as organizational structure problems, lack of transparency, and corruption. The reform process faced major hindrances, as responsibilities were not clearly assigned, stakeholders were not adequately involved, and there was a lack of political will. Lessons learned include the need for qualified personnel, clear allocation of responsibilities, decentralization with oversight, contract management, transparency, and stakeholder inclusion in the reform process.
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Vortrag ippc
1. Essential Aspects of Public Procurement Reform
Processes Lessons Learned from Namibia
Anne Schmidt, PhD Student, University of Bremen
2. Structure
1. Situation in Namibia
2. Shortcomings in the Namibian PP
System
3. Reform Process: Major hindrances
4. Lessons Learned
3. Situation in Namibia
PP system has been identified as deficient
Need for Reform has been acknowledged
HOWEVER, reform process has not yet led
to a result
4. Shortcomings in the Namibian PP System
Organizational Structure/Allocation of
Responsibilities
Scope of the Law
Lack of Transparency
Corruption
Lack of Contract Management
Review Mechanism
Law is not correctly implemented
7. Reform Process - Major Hindrances
Carried out by the Tender Board which also carries
out daily public procurement procedures
Responsibilities are not clearly assigned
No proper reform strategy
Lack of expertise and experience (technical
knowledge and capacity)
Stakeholders have not been adequately involved
Non-transparency of reform process
Lack of political will/interest in preserving the
status quo
8. qualified personnel and good working conditions
Clear allocation of powers and responsibilities /
separation of powers with adequate checks and
balances
Decentralization with effective overview institution
Contract management
Scope of the law should be as wide as possible
limit room for non-transparent and corruptive
practices and any other kind of misuse
Lessons Learned (I)
9. The HOW of a reform process is important
Ownership needs to be created
assign responsibilities to qualified people
Involvement of foreign actors should be transparent
adequate resources and capacity are needed
assessment of the old system, identification of
strenghts and weaknesses thereof and comprehensive
research on PP are essential
Transparency of the reform process and inclusion of
stakeholders are key factors
Lessons Learned (II)
PhD student and Professor Hinz is my supervisor, my topic, spend 6 weeks in Namibia last year to conduct research and to hold interviews
LLM in London
Studied law at the University of Bremen and Namibia
Public procurement can be defined as the provision of goods and services or awarding work assignments by a state body, organization, institution or some other legal person regarded as a procuring entity.
The premise for the special importance of an effective public procurement system is the raison de 棚tre of government institutions, which is to pursue the general welfare of the society.
Public procurement operates at the interface of a commercial activity and its public function; both have to be balanced in order to guarantee a successful outcome.
Key interrelated aspects that govern public procurement systems are value for money, efficiency and effectiveness, transparency, competition, fairness and equality, integrity and accountability.
Value for money can be seen as the overarching principle in public procurement systems and composes efficiency and effectiveness. It can be defined as obtaining the best possible balance between price and quality in meeting the customers requirements .
The multitude of internal and external forces affecting the implementation of public procurement procedures reaches from internal factors such as interactions between various elements of the system, types of goods and services required, competence of the work force, staffing levels and budget resources, the organizational structure and internal controls to external factors as the market environment, the legal environment, the political environment and social, economic and environment forces.
An additional factor influencing the peculiarity of public procurement is certainly the variety of stakeholders involved, with the government, the procuring entity or entities, the business sector as potential or actual supplier, public interest groups and the wider public having an (often differing) interest in the process and the outcome of public procurement. Moreover, procurement reality where imperfectly informed procurers purchase from imperfectly competitive firms on behalf of imperfectly informed tax-payers makes it hard to design rules which would be perfectly suitable for all situations. These factors exemplify the complexity of the public procurement system and can only hypothesise the intricacy to design and implement an efficient and effective procurement (legal) system that serves all policy objectives envisaged.
Corruption has been identified as one of the major obstacles for the effective and efficient operation of procurement systems. Although developing countries seem to suffer more extensively from this illness, developed countries are not exempted from corruption in procurement and are constantly trying to enact transparency measures to prevent corruption and the undermining of procurement systems. In most countries corruption is a general rather than a procurement-specific problem. However, the high amounts of money, the variety of vested interests and the complexity make public procurement particularly vulnerable for corruption.