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REGIONAL CONFERENCE ON ENHANCING INTEGRITY IN PUBLIC PROCUREMENT

Explore the significance of new technologies in public procurement, focusing on UNCAC requirements, legislative frameworks, e-procurement benefits, and translating intentions into outcomes. Learn about UNCITRAL Model Law revisions and e-communications safeguards.

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REGIONAL CONFERENCE ON ENHANCING INTEGRITY IN PUBLIC PROCUREMENT

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  1. UNODC United Nations Office on Drugs and Crime REGIONAL CONFERENCE ON ENHANCING INTEGRITY IN PUBLIC PROCUREMENT The role of new technologies in public procurement Caroline Nicholas UNODC/UNCITRAL Rabat, Morocco 3 April 2008

  2. The role of new technologies in public procurement UN Convention Against Corruption • Article 9 – requirements for procurement systems • Transparency, competition and objective criteria in decision-making UNODC United Nations Office on Drugs and Crime

  3. The role of new technologies in public procurement UNCACRequirements mean: • Legislative framework • Regulations • Institutional, administrative and legal infrastructure UNODC United Nations Office on Drugs and Crime

  4. The role of new technologies in public procurement Legislative framework • UNCITRAL 1994 Model Law on Procurement • In process of revision (UNCAC compliant) • e-communications/e-procurement to be introduced • Similar provisions in other international texts UNODC United Nations Office on Drugs and Crime

  5. The role of new technologies in public procurement E-procurement – why? • Efficient new procurement methods • Opportunity to achieve many procurement objectives • More information, better controls • Major potential benefit - enhanced transparency UNODC United Nations Office on Drugs and Crime

  6. The role of new technologies in public procurement How to translate good intentions into results • Not enough to create a website • Vital to integrate procurement, accountability + oversight systems • Vital role of transparency UNODC United Nations Office on Drugs and Crime

  7. The role of new technologies in public procurement UNCITRAL Model Law revisions • E-communications • “Functional equivalent approach” • Writing, signature, record or meeting can be by e-communication • Legal recognition not in Model Law – in e-commerce laws UNODC United Nations Office on Drugs and Crime

  8. The role of new technologies in public procurement E-communications under UNCITRAL • Means of communication chosen by procuring entity, • No justification, but safeguards • Approach allows e-tenders UNODC United Nations Office on Drugs and Crime

  9. The role of new technologies in public procurement Safeguards under UNCITRAL: • Choice of communications subject to non-discrimination provisions • “readily capable of being utilized with those in common use by suppliers or contractors” • Means of communication set out in solicitation documents • Measures to ensure authenticity, integrity and confidentiality required UNODC United Nations Office on Drugs and Crime

  10. The role of new technologies in public procurement Electronic reverse auction (ERA) • Bidding prices down over the Internet • Commonly used, regulation varies • Auctions not previously permitted under Model Law UNODC United Nations Office on Drugs and Crime

  11. The role of new technologies in public procurement Transparency provisions (1) • In solicitation documents • Criteria to determine the successful bid • Price/non-price criteria • Relative weight of criteria • Mathematical formula UNODC United Nations Office on Drugs and Crime

  12. The role of new technologies in public procurement Transparency provisions (2) • In solicitation documents • Any limits on numbers • Initial bids required • Other/elsewhere • All other relevant information (list?) UNODC United Nations Office on Drugs and Crime

  13. The role of new technologies in public procurement E-procurement – useful new tool • E-procurement = reform process • Not just replacing letters with emails http://www.unodc.org/ http://www.uncitral.org/ UNODC United Nations Office on Drugs and Crime

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