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AfDB - EBRD Joint conference in procurement reform in North Africa and SEMED Countries Marrakech 22 and 23 April 2013 Jordan Delegation 22-23/4/2013. 1- Background. The annual volume of procurement (works, goods and services) is about JD one billion.
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AfDB - EBRD Joint conference in procurement reform in North Africa and SEMED Countries Marrakech 22 and 23 April 2013 Jordan Delegation 22-23/4/2013
1- Background • The annual volume of procurement (works, goods and services) is about JD one billion. • Number of existing regulations that govern public procurement in Jordan exceeds 30. • General review of existing procurement regulations commenced in 1998 and in2009. • Country Procurement Assessment Report (CPAR) was issued in coordination with WB in 1999. and again in 2009.
2- Properties of the Existing Legislation • Acceptable terms of transparency with low risk of corrupt practices. • Limited Flexibility. • Delay in procedures. • Not in harmony with modern procurement practices. • Contradicts the requirement of the Government Procurement Agreement (GPA) of the WTO regarding protection.
2- Properties / continued • Requirement of a local agent for goods and a local contractor to be associated with foreign contractor. • Centralization. • Low efficiency. • No separation between the implementation and supervisory functions.
3- Areas for Reform and Modernization • Modernization of legislation. • Development and restructuring of the procurement sector. • Improvement of procedures. • Develop a national strategy for training human resources.
4- Main Reasons for Reform • Separate the regulatory and monitory functions from those of operation and administration. • Establish a Higher Procurement Commission (policy, regulation, monitoring, procurement economics, and training). • Unification of regulations and procedures for all government institutions. • Harmonization with related international agreement and best practices. • Increase transparency and ensure fair competition • Facilitate possible accession to the GPA agreement of the WTO. • Establishing a bid protest mechanism • Introducing the concept of e-procurement.
5- The Proposed Unified Regulation • The draft regulation is completed (coordination with stakeholders), legal revision. -Main Features: • Coverage of all ministries, municipalities and government institutions and agencies including public universities. -Exceptions: • The security purchase of the relevant government agencies. • The Aqaba Special Economic Zone.
5- The Proposed Unified Regulation/ continued • Unification of procedures in all ministries and government agencies and institutions. • Unification of procurement procedures pertaining works, goods and services. • Move towards decentralization. • Raising the thresholds of procurement for tender committees (works, goods and services). • Reviving the role of the Higher Procurement Commission. • Enhance transparency, fairness, equal opportunities and competitiveness.
5- The Proposed Unified Regulation/ continued • Enhance economy and efficiency in procurement. • Introduce new methods of procurement, e.g. -Two-stage tendering. • Regulating procurement of services. • Introduce latest methods of procurement of services, e.g. • Procurement on basis quality and price. • Procurement on quality only. • Encouraging the participation of small and medium enterprises SME’s in government procurement. • Achieve a balanced approach to parties involved in the procurement process
5- The Proposed Unified Regulation/ continued • Classification of suppliers, consultants and service providers (in some fields and professions). • Training and capacity building • Introduce the concept of bonds instead of guarantees • Develop a mechanism for remedies, complaints and dispute resolution • E – procurement
6. Proposed Structure of the Sector • Higher Procurement Commission. • Government Tenders Department (GTD). • General Supplies Department (GSD). • Joint procurement Department (JPD). • Main procurement committees in ministries and independent government institutions. • Local committees . • Secondary committees. • Special Committees (limiting recourse) • Unified Procurement Department
7. Higher Procurement Commission • Policy development of public procurement sector. • Monitor the performance of institutions. • Continue developing efficient procurement procedures. • Prepare relevant instructions to implement Unified Regulation. • Establish a conclusive data base. • Improve economy in procurement. • Develop a national strategy for the use of internet and information telecom-systems in government procurement. • Develop a national program for training of staff working on public procurement . • Develop an accreditation system for certifying members of tender committees through a set criteria.
8-Government Tenders Department • Executing the general policy for procurement of works and technical services • Classification of contractors and technical consultants • Review and audit tender documents for works and technical services • Cooperation and coordination with the higher Procurement Commission and other concerned departments
8-Government Tenders Department/cont • Provide advise and consultation to gov. agencies. • Provide secretarial services to the Central Procurement Committees. • Issue periodical publications on construction sector and on construction materials & work item prices
8-Government Tenders Department/cont • Provide advise and consultation to gov. agencies. • Provide secretarial services to the Central Procurement Committees. • Issue periodical publications on construction sector and on construction materials & work item prices
9-General Supplies Department • Executing general policy for the administration of supplies and general services • Classification and prequalification of suppliers and general services providers • Purchasing of common use supplies for the Government departments • Providing secretarial services to the Central Committee • Maintaining records for durable supplies and storing them
9/continued • Review and audit of tender documents for supplies and general services • Conducting the studies required to develop supplies management • Coordinating with the Higher Procurement Commission and other concerned departments • Issue periodical publications on relevant matters
8- Capacity Building for Human Resources • Develop a National Training Strategy • Ensure the execution of the above Strategy by the government institutions. • Training on use of ICT and the internet in public procurement • Seek to make Jordan a Regional Training Center for E-Procurement according to International Standards.