Use of Country Systems: Consultations on the Draft Methodology for Use of Country Procurement Systems

1. Use of Country Systems: Consultations on the Draft Methodology for Use of Country Procurement Systems Elective Session 2nd Africa Region Education Capacity Development Workshop “Country Leadership and Implementation for Results in the EFA FTI Partnership” Tunis, Tunisia December 5, 2007 V.S. Krishnakumar

2. Presentation Outline • Part I - Why Use Country Systems • Part II - Procurement Methodology • Part III - Consultation Process • Part IV - Handling of Past Issues

3. Why Is the Bank Interested in Use of Country Systems Part I - Background

4. Why Are We Interested in Use of Country Systems? • Scale up development impact • Increase country ownership • Facilitate harmonization • Simplify and reduce costs Links to: • Paris Declaration • MIC Agenda • GAC Agenda (principle #6)

5. Where Do We Stand? • Environment and social safeguards: pilot projects approved 03/05, 12 ongoing pilots • Financial management: country systems are the default choice under existing policy, but many Project Implementation Units (PIUs) still created outside regular financial system. Country systems used 60% of time in eligible countries • Procurement: use of National Competitive Bidding under country systems common. Earlier proposal to expand use of country procurement systems withdrawn to update and reflect comments from consultation process.

6. Lessons from Safeguards Pilot and Financial Management • Limited take up • Costs of upfront preparation are prohibitive • Need for clear management signals, especially related to GAC • Project-by-project approach very limited in impact (12 projects in portfolio of 1600)

7. New Proposal #1: Country Pilots To accelerate progress we propose to supplement project-by-project approach: • New Country Pilots with at least 8 countries in the first year (candidates to be proposed by Regions;) • Assessment in each case of procurement, safeguards, financial management that can meet the Bank standards • Identification of policy reforms and capacity building measures to address any gaps • After approval through the Bank policy vice-presidency, reports on proposed Pilots would be sent to the Board for information plus progress report after one year

8. New Proposal #2: Procurement Project Pilots In addition to country pilots, propose pilots in procurement at the sector/project level for ICB and Selection of Consultants; • Assessment based on policy framework and performance equivalent to Bank policies • Use of Country Procurement Assessment Reviews (CPARs) new OECD/DAC Assessment Methodology, and performance indicators • Provision for re-imposition of Bank procedures if new system abused Emphasis that this is not a reduction of Bank standards, but recognition that many countries have substantially achieved equivalence

9. Part II - A Multi-Phased Process Key Elements of Draft “Detailed Methodology for Procurement Country Systems Piloting Program”

10. Phase I - Country Selection Process for Pilots in Safeguards, Financial Management and Procurement • Suggested Procurement Related Criteria • CPAR and status of related reforms and capacity development, and other relevant diagnostics • PFM System Information (e.g. PEFA or CFAA, Integrated Fiduciary and/or PER) • Existing/planned OECD/DAC assessment • Expressed interest of country • Country Director and country team support

11. Phase II – Procurement Assessment, Analysis and Capacity Development at Country Level • CPAR, including updates and/or action plans and on-going reforms, as well as NCB side-letters, provide information on the system and indication of country commitment • OECD/DAC benchmarking tool provides for scoring of 54 sub-indicators on 0-3 scale with a score of 3 representing best practice • 30 of the 54 sub-indicators in the OECD/DAC tool have been identified as critical and require achieving the highest score of 3 for 22 of the sub-indicators or a score of 2 with an agreed action plan for 8 of the sub-indicators. • Remaining 24 sub-indicators require achieving a score of 2 • E-procurement: fully functioning and accessible website

12. Phase II - Capacity Development • If country assessments indicate failure to achieve stated standards, focus will be on addressing issues through increased capacity development, country will not be a pilot for procurement. • If issues in system can be addressed in the short term, country will remain a candidate country while capacity develop undertaken. Country will move to next level once noted issues have be corrected.

13. Phase II - Equivalence Assessment • Ensures that “equivalence” to the principles (economy and efficiency, eligibility/access, development of local industry, and transparency) and policies defined by the Bank is achieved and maintained • Each key policy of the Bank’s Guidelines addressed through the assessment process which verifies the country’s policies, procedures and practices • A special agreement with the country to address any outstanding issues will be made part of the Legal Agreement for the pilot projects. • Issue of large, complex and innovative/non standardized processes

14. Phase II - Selection of Consultants • All consulting requirements above threshold1 to follow Bank Guidelines • All consulting requirements below threshold to use country methods agreed with the Bank • Country may request an equivalence assessment for increased reliance on use of country system for consultancy assignments above the stated thresholds. • 1 Threshold set on basis of country by country thresholds established for shortlists comprised of national firms only

15. Phase III – Sector/Project Selection, Assessment and Implementation General criteria: • Based on projected lending program in CAS • Focused projects, preferably not multiple programs in a sector, but including SWAps • Not complex, preferably with a single implementing agency • No projects with a PIU to be considered. Procurement policy requires a capacity assessment of the responsible implementing agency for the sector/project.

16. Phase III –Project/Sector Assessment • Procurement performance data collected from Implementing Agency to be assessed and will set baseline for monitoring: • Advertisement of opportunities • Time allowed for bid preparation • Time for bid evaluation and award • Use of less competitive methods • Time to resolve complaints • Award based on stated criteria • Payment process

17. Phase III – Project/Sector Assessment • Capacity Assessment of Implementing Agency will use enhanced dynamic risk assessment and management tool to identify risk related factors (web-based application) • Risk mitigation measures agreed and made part of project requirements, to be tracked during project implementation

18. Phase III – Sector/Project Implementation • Legal Agreement will be specially constructed to cover key Bank requirements and provide Bank with normal remedies (misprocurement) and ability to rescind pilot status • Detailed procurement plans to be published, updated and carefully monitored • Complex and high value procurement to be identified and procurement notices published using UNDB in addition to other publication sites which will be identified for each pilot country • Annual independent third party procurement audits to be required • Performance data to be monitored and adapted post-review procedures to be used throughout implementation

19. Bank Role and Responsibilities • Procurement Sector Board to be involved in the piloting process by providing oversight, staff development, support for resolution of issues and reporting on results • Operations Procurement Review Committee (OPRC) will review and vet the phases of the assessment process • Regional procurement staff – will retain normal supervision responsibilities focused on post review, performance monitoring, and capacity development

20. Some Additional Key Bank Responsibilities • Monitoring of Performance Indicators • Monitoring of Complaints reported to Bank • Monitoring of Payments • Management of remedies and key additional provisions in Loan Agreement • Reporting on Progress • Monitoring of Disclosure

21. Country Systems Part III Overview of the Consultation Strategy

22. Consultation Objectives • Improve the quality of the new methodology for piloting the use of country systems in procurement • Tap the knowledge of a diverse range of stakeholders • Listen to issues raised and address them to the maximum extent in new methodology • Focus on future actions

23. Types of Consultation I. A global electronic consultation with the document posted on the web and comments collected from email WEB package will contain: • The process • Explanation of the process • Basic Q&A • Issues raised in the past and how new methodology addresses them • Summary of comments received and Bank’s response will be posted and regularly updated

24. Types of Consultation • A multi country consultation with meetings held in both Part I and Part II Countries • Private Sector • Government • Other Stakeholders

25. September2007 Copenhagen, Denmark Rome & Milan, Italy Paris, France Berlin, Germany Amsterdam, Netherlands London, UK OECD/DAC Procurement Joint Venture CICA FIDIC October 2007 US/Canada Japan, Korea India To Be Scheduled: Regional meetings Scheduled Consultations

26. Implementation Timeline • Technical presentation to the Board in September 2007 • Publish draft methodology on website in September 2007 following internal consultations • Consultations with external stakeholders September – November, 2007 • Finalization of the Methodology in November 2007 • Board approval in December 2007 • Selection of Pilot Countries early 2008

27. Key Discussion Issues The following are a few key issues for discussion: • The World Bank has proposed a detailed methodology for a procurement country system piloting program in 8 -  10 countries.  What remaining questions need to be addressed or clarified about this program? • The OECD/DAC benchmarking index provides for scoring of 54 sub-indicators on a 0-3 scale with a score of 3 representing best practice.  30 of 54 sub-indicators in the OECD/DACX toll have been identified as critical and require achieving the highest score of 3 for 22 of the sub-indicators or a score of 2 with an agreed action plan for 8 of the sub-indicators.  Is this achievement level appropriate and if not, why?

28. Key Discussion Issues • Under this proposal, not all procurements would be included in these pilots. Should the Bank include complex. high value procurement issues such as those now cleared by the Operations Procurement Review Committee (OPRC) [e.g. S&I, sophisticated equipment, information technology, PPP and concessions] in the use of pilot country procurement systems? • Is the proposed handling of the Selection of Consultants in the pilots satisfactory? If not, how can this be strengthened?

29. Key Discussion Issues • Are the proposed performance based measures sufficient to address transparency, access to information and governance and anticorruption issues (GAC) that have been raised with regard to the pilots of country systems in procurement? • Do you have other suggestions that will strengthen the World Bank Group's efforts to help countries improve their procurement systems and help us learn from these pilots?

30. Handling of Past Issues Part IV How Current Methodology Addresses Issues Raised with regard to Previous Paper

32. Handling of Issues

33. Handling of Issues

34. Handling of Issues