The Tunisian Experience in
public procurement reform
Intervention plan
Introduction
I.
Self assessment of the national public procurement system
1.
2.
3.
The methodology used: Methodology for Assessing Procurement Systems
Implementation of the self assessment: the CFNC
The results achieved
II. The implementation of the reform:
1.
2.
3.
Action plan: axiss of intervention
The modalities of implementing the action plan: the missions
Lessons learned of the assessment: difficulties and recommendations
Introduction
↗ Public procurement as leverage of the national economy:
more than 18% of the gross domestic product
↗ Public procurement as instrument of implementing the fiscal
policy of the country: almost 50% of the country budget is
dedicated for procurement.
↗ Public procurement as one of pillars of regional and local
development: opening up the localities, infrastructures
achievements…
Introduction (1)
↗Despite its crucial role, public procurement
discipline suffers from many gaps:
Regulatory gaps: heavy procedures, vague modalities of
use of certain procedures, lack of transparency and
involvement of the civil society…
Technical gaps: lack of databases, archiving and statistic
compilation system, lack of integration of new
technologies in the procurement process…
Introduction (2)
↗ Given these facts, the administration has chosen a global
reform to modernise the public procurement procedures.
↗ This reform was focused on:
1.
2.
3.
Achieving a diagnostic: self assessment of the public procurement
national system
Designing an action plan.
Implementing the reform according to the axiss of intervention
↗ This project has been initiated and is being followed with the
collaboration of the World Bank and the African
Development Bank
I.
Self assessment of the public
procurement national system
Genesis of the self assessment
↗ The budgetary crisis following the revolution of 14th January 2011.
↗ Obtaining financial support within an emergency program providing
general support to the Country budget: Social Inclusion and Transition
Support Program ( SITSP) with an amount of 1409 millions USD
↗ Convergence of actions approved for financing by the World Bank and the
African Development Bank on the level of the necessity of reviewing the
legal framework regulating public procurement in Tunisia
Genesis of the self assessment
↗ The issuance of the decree no. 2011-623 of 23 May 2011 with
specific provisions on the regulations of public procurement.
↗ This legislation made the procurement process faster,
amended and replaced various articles of the previous
legislation to bring more transparency and efficiency.
↗ Issuance of the decree no. 2012-515 of 2 June 2012 modifying
the decree 2002-3158 of 17 December 2002 and the decree
2011-623 of 23 May 2011
1. The methodology used
Principle of the methodology
↗ Tool chosen from the Paris Declaration on aid effectiveness to
carry out the reinforcement of public procurement national
systems.
↗ This method involves evaluating the system on the basis of
four components or pillars. Each pillar is composed of
indicators which are sub-categorised into subsidiary
indicators.
↗ The assessment consist of scoring each sub- criteria from 0 to
3.
↗ The average of the scores of each pillar reflect the detected
performance level.
The assessment pillars: pillar 1
↗ Pillar 1 entitled “ legal and regulatory framework” involves
<< legal and regulatory instruments of the highest level
(national law, legal act, regulation, decree, etc.) until detailed
regulations, procedures and officially used bidding
documents>> as well as << the existence, availability and
quality of enforcement regulations, operational procedures,
manuals, examples of bidding documents and conditions of
standard contracts>>
↗ This pillar is composed of 2 indicators and 14 subsidiary
indicators
The assessment pillars: pillar 2
↗ Pillar 2 entitled “ Institutional framework and management
capacity” << examine, in practice, the way the public
procurement system works as defined by the current legal and
institutional framework in the country, through bodies and
management systems who are stakeholders on the general
governance of public sector in the country>>
↗ This pillar is composed of 3 indicators and 12 subsidiary
indicators
The assessment pillars: pillar 3
↗ Pillar 3 entitled “Acquisition activities and procurement
practice” << examine the efficiency and operational utility of
public procurement system on the level of the execution entity
responsible for taking the different acquisition actions. It is
interested in procurement as a mean to assess the quality and
efficiency of the system when the acquisition procedures are
put into practice>>.
↗ This pillar is composed of 2 indicators and 13 subsidiary
indicators
The assessment pillars: pillar 3
↗ Pillar 4 entitled “ Integrity and transparency of public procurement
system” involves according to the methodology << four indicators
considered necessary for providing guaranty of a system functioning with
integrity, insuring appropriate controls promoting its functioning in
accordance with the legal and regulatory framework and which has the
measure to fight any risk of corruption within the system. It deals as well
with important aspects of the public procurement system apart of the
whole control system. This pillar focuses on aspect of the public
procurement system and the governance framework and tries to ensure
that they are defined and structured in way that contributes to the
integrity and transparency of the system.>>
↗ This pillar is composed of 4 indicators and 18 subsidiary indicators
The implementation of the self
assessment
the CFNC
Coordination and follow up national
committee ( CFNC)
↗ The Coordination and follow up national committee (CFNC) was
established by a decision of the prime minister
↗ It regroups representatives of different categories:
– The big public purchasers: State, local communities, public
establishment of an administrative character, public companies
– The organs of control: Court of auditors, competition council, control
of public spending, general control of public services, general control
of finance.
– The Private Sector: representative of the TUICH (Tunisian union of
industry commerce and handicrafts)
– Civil Society and academics: Associations for the rationalization of
public finances like the ACIAF (Association of control, inspection and
audit frameworks within Tunisian public structures)
The CNFC powers
• The mandate given to the committee is to:
– Validate the assessments and the recommendations of the
different working groups.
– Validate the action plan resulting from the
recommendations
– Monitor the implementation of the measures chosen by
the committee and endorsed by the government
Work of the CNFC
1. Applying the assessment criteria, pillar by pillar, to the public
procurement national system and identify the degree of
compliance to this international standard.
2. Giving a score from 0 to 3 to each of the 55 subsidiary
indicators while justifying each score.
3. Making recommendations to overcome weaknesses
identified and to consolidate strength points.
4. Designing a plan that regroups all the system reform stages.
5. Validating the final report of the self assessment
6. Following up with the implementation of the action plan.
CNFC organization
• This committee was organised in four working groups, one group per
assessment pillar.
• The composition of each working group was determined according to the
specifications of each designated pillar.
• Each working group is composed of:
– A president
– Two rapporteurs
– Members
• CNFC has a presidency and a secretariat. The latter one is composed of :
– General rapporteur
– Independent consultant
Functioning of the CNFC
• The organisation of the assessment work is done as follows:
1.
2.
3.
4.
The working groups are responsible of assessing the public procurement
national system according to the approach of the pillar designated to each
one of them.
Reunion between the rapporteurs of each working group and the general
rapporteur to discuss the scoring, the justification, the recommendations and
the actions to be taken
Reunion of CNFC presidency and secretariat will consolidate and summarize
the results obtained as well as enable the preparation of the reports to be
submitted in the plenary session.
The results of the work are presented and debated pillar by pillar during the
scoring phase and action by action during the phase of the designing of the
action plan, during the CNFC plenary sessions.
CNFC working modalities
Working
group
Rapporteurs
reunion
Managemen
t and
secretariat
Plenary
session
• Assessing according to the indicators of each pillar
• Giving remarks and suggesting actions
• Discussion of scores obtained
• Discussion of the remarks and actions
• Discussion of the results gathered from the four working groups
• Preparing summary papers to be submitted in the plenary session
• Debating all the gathered results ( scores and recommendations)
• Validating the results after agreement and voting
The plenary sessions
• Gather all the CNCF members, rapporteurs, secretariat and
management.
• Work is facilitated by the presence of experts from the World
Bank and the African Development Bank and a permanent
expert proposed by the AfDB
• Plenary sessions were organised as follows:
– 22 March 2012: presentation of the methodology to the members
– 16, 17 and 18 April 2012: Validation of the scores given by the working
groups
– 31 May and 1st June 2012: Validation of the action plan
– 26 June 2012: Validation of the final version of the self assessment
report
The results achieved
Summary of scores achieved
Pillars
Number of
indicators
Number of
subsidiary
indicators
Overall score
Average Score
1
2
14
18/42
1.29/3
2
3
12
18/36
1.5/3
3
3
11
22/33
2/3
4
4
18
17/54
0.95/3
Total
12
55
Cumulative score of 75/165
Analysis of the results: Pillar 1
• Pillar “ legal and regulatory framework” to consolidate by
bringing to the legislative framework provisions that promote
the transparency of the procedures and reinforce and define
the powers of the institutions that manage and control all
public procurement phases in Tunisia
Analysis of the results: pillar 2
• Pillar “ Institutional framework and management capacity”
to be reinforced by organising the standard functions of
management and control and by reviewing the competences
of the different institutions involved in the procurement
process.
Analysis of the results: Pillar 3
• Pillar “Acquisition activities and procurement practice’’ can
be more improved by the reorganisation of the management
of the human and material resources in charge of the
management and control of public procurement and by
bringing more flexibility and transparency to the management
mechanisms of disputes between the administration and the
bidders.
Analysis of the results: Pillar 4
• Pillar “ Integrity and transparency of public procurement
system” to be completely reviewing by reorganising the
competence and intervention modalities of the different
monitoring bodies, reviewing the remedies in case of conflict,
improving the transparency and by adopting anticorruption
legal provisions.
II. The implementation of the reform
The report of the selfassessment
• The work of the CNFC was consolidated within a report split
into two essentials parts:
1. The results of the assessment and the recommendations
of the working groups.
2. The action plan that contains the recommended
interventions to reform the Tunisian public procurement
system.
• As a result of the assessment, the component of the action
plan were implemented as validated by the CNFC in the
plenary session of 26 June 2012 et as approved by a
ministerial council held 24 August 2012
1. The action plan
axes of the action plan
• The action plan is built around 5 axes:
• These axes represent the priority areas of intervention in
relation with the management and control of public
procurement, procedures, information, efficiency and human
resources.
• The axes are entitles as follows:
–
–
–
–
–
axis I: Governance
axis II: Rationalisation of the legal framework
axis III: Transparency
axis IV: Performance
axis v: Professionalism
Axis 1: Governance
• This axis is dedicated to the measures to be undertaken in
order to consolidate the control bodies, remedies and the
confidentiality provisions in the public procurement system.
Axis 2: Rationalisation of the legal
framework
• This axis is oriented towards the reform of the legal
framework which governs public procurement in Tunisia:
more coherence and hierarchy between texts, consolidation
with other texts with the same vocation, updating and
adopting general documents and procedures manuals…
Axis 3: Transparency
• This axis of intervention contains the actions that aim to
generalize the publication of tenders and the decisions
awarding the contracts, the spread of control and audit
reports, the archiving and online consultation of the different
documents created and used during procurement as well as
the consolidation of the partnership between the
administration and the civil society, private sector and
universities within the public purchase process.
Axis 4: Performance
• The improvement of the performance of the public
procurement system requires a better use of the new
information and communication technologies, adopting the
culture of results-based management and the quality
assurance, a degree of intervention and interaction more
refined on the level of information systems and databases …
Axis 5: Professionalism
• This intervention axis relates to the consolidation of the
capacities in term of human resources dedicated to the
management and control of public procurement
• The professionalism is through the evaluation and the
satisfaction of the real training needs of the public purchasers,
controllers and auditors of public procurement (continuous
training program, degree training both in the level of
universities and schools…) as well as through implementing a
real occupation of public purchaser in the level of public
administration with all that comes in terms of specific career
path, remuneration,…
Implementation modalities
Adopting an action plan
• The report of the self-assessment of the Tunisian public
procurement system as well as the action plan designed for it
were adopted during the ministerial council of 24 August
2012.
• This same ministerial council has put the CNFC in charge of
driving the implementation of the different components of
the action plan
Implementation modalities
• The choices made with regard to the implementation of the
different axes of the action plan consist of:
1. Using the services of independent consultants of the
administration for the implementation of the action plan
2. Counting on the support of the World Bank et African
Development Bank who have financed and supported all
the phases of the assessment and the conception of the
action plan.
3. Exploring the technical and financial assistance of the
other partners of Tunisia
The missions to be carried out
• Legal Mission: which incorporates the reform of the
governance and the legal framework regulating public
procurement.
• information system mission: regarding the modernisation of
the information system and electronic management of public
procurement. This incorporates the generalisation of the
national electronic public procurement system (TUNEPS)
• Quality mission: establishing a quality assurance system in
the level of public procurement process and its management
• Human resources mission: interested in the management of
the careers of public procurement stakeholders and in the
implementation of a national procurement training strategy
Legal Mission
No.
I-1
I-2
I-2 bis
I-3
Title of the action
Description
Writing a new regulatory
framework
• Implementing a legal framework
• Insuring the efficiency of the authorities
of governance
• Implementing flexible procedures and
insuring the accountability of the public
purchasers
Taking into consideration
the achievements made
within the eprocurement project
•
Financing a
communication
campaign around the
reform
•
Reviewing and enriching
the GCC and SCS
•
•
•
Estimations
Comments
57,000$
End of June 2013
To be assumed by the World
Bank
Integrating regulatory provisions
needed for the implementation of the
e-procurement in Tunisia
-
End of June 2013
Without financial implication
Hiring an agency specialized in
institutional communication
Preparing a communication campaign
40,000$
March 2014
Reviewing , updating and enriching
The General Conditions of Contract
Reviewing the special contract
specification and enriching them by
others
50,000$
January 2014
147,000 $
57.000$ financed
90.000 non financed
Total
Information system mission
No.
Title of the action
Description
Estimation
Comments
II-1
Securing electronic
support
• Centralising all the information related to
tenders
• Spreading this information without excessive
costs
-
January 2014
II-2
Reinforcing the
information system
• Developing a national information system
capable of:
─ Collecting all the different information from
the different information modules in relation
with public procurement
─ Giving access to the different stakeholders
─ Insuring the compilation and the processing
of the data collected
─ Bringing the treated information to the
service of users
42,000$
January 2014
Implementing a national electronic archiving
system of all official s documents edited and
used for public procurement purposes
150,000 $
II-3
Implementation of
statistics collection and
compiling systems
II-4
Creation of information
systems interconnection
modules
II-5
Updating the archiving
of documents
Assumed by the World
Bank
December 2013
Estimations that cover
24 governorates and 21
ministries + high
committee of public
procurement
Information system mission (1)
No.
Title of the action
II-7
Granting public
enterprises with an
assistance system for
the budgetary
management of
expenses incurred for
public procurement
enforcement
Two alternatives:
• Creating systems of budgetary management ( within the model
systems ERP)
Or
• Creating a specific module for public enterprises at the enforcement
level ADEB
100,000$
February 2014
II-8
Establishing an
authority responsible
for receiving public
procurement
denunciations
•
Reinforcing integrity and fighting against distortions of public
procurement principles by putting in place a body or authority that
receives, analyses and judges the validity of the denunciations
within public procurement
35,000$
February 2014
II-9
Financing a
communication
campaign regarding the
function and missions
of the High Committee
of Public Procurement
•
Creating a campaign to educate the public about the function of the
authorities charged with public procurement governance
Clarifying the interconnections existing between all operators and
the High Committee of Public Procurement
40,000$
January 2014
Accompanying the
implementation of the
new e-procurement
procedure
•
Assessing material and equipment needs for the system proper
functioning
Assessing the need to train the operators invited to use the system
Satisfying the previously mentioned needs
Creating a communication campaign around the launch of eprocurement for all operators categories and potential users
90,000$ + 40,000$
January 2014
497,000$
•
•
II-10
Description
•
•
•
•
Estimations
Total
Comments
42,000$ financed
455,000$ non financed
Quality mission
No.
III-1
III-2
Title of the action
Description
Producing a guide of public
purchaser
Providing public purchasers with a work instrument that describe in
details procurement technics and obligations
Reviewing/producing
procedural manuals
•
•
III-3
III-5
III-6
III-7
Preparing standard tender
documents according to
the type of procurement
•
•
Producing standardised
nomenclatures and subdetails/series of standard
prices
•
Adopting norms and
quality assurance
procedures
•
Accompanying the CNFC
during the implementation
of the action plan
•
•
•
•
Estimations
Comments
March 2014
Implementing a standardisation of procedures inside
management, control and audit authorities
Implementing a permanent reviewing system of manuals
produced
30,000$
Assumed by the World
Bank
Standardising documents for recourse to competition
Preparing standard documents that cover administrative and
technical aspects
42,000$
January 2014
Standardising financial documents of competition tender
documents
Adopting a nomenclature of prices that will be enforced at the
national level (standardisation)
30,000$
January 2014
Implementing an quality assurance system that covers all public
procurement operations
Implementing a certification process for purchasers, control
authorities, remedies authorities and all the bodies involved in
public procurement
350,000$
March 2014
Recruiting expert (s) in procurement and following up the
implementation of public procurement reform
Making experts responsible of the mission of producing TdR,
following up the results and the organisation of the CNFC
functioning
90,000$
March 2014
542,000$
72,000$ financed
470,000$ non financed
Assumed by the World
Bank
Total
Human resources mission
No.
Title of the action
Description
Estimations
IV-1
Preparing a national
training strategy for
public procurement
stakeholders
• Make a diagnosis of the situation and the training
needs of public procurement practitioners.
• Creating a university studies in procurement
• Train the trainers, controllers and auditors of public
procurement
• Creating certifications for each type of practitioners
IV-3
Reviewing the means
made available for
the different
procurement control
bodies
• Identifying all the resources currently available for
the different control authorities and comparing them
with the requirements of their efficient action
• Implementing an improvement strategy of human,
technical, and financial means made available for
control authorities
Total
Total of the global cost of the implementation of the action plan
70,000$
Comments
December 2013
-
Assumed at the level of
action III-6
70,000 $
70,000$ none financed
1,256,000 $
• 171,000$
financed
• 1,085,000$ none
financed
Degree of progress of the
implementation
• Tunisia has obtained the World Bank grant of 57.000$ to
conduct the legal mission
• The choice of consultant who will assume the responsibilities
of this mission have been made on the basis of the terms of
reference and selection procedure of individual consultant.
• The completion of the mission is anticipated by end of June
2013 at the latest
Degree of progress of the
implementation (1)
• Tunisia has obtained a grant of 70,000$ from the World Bank
to conduct the training actions within the human resources
mission.
• These actions cover the training of the trainers and the
training of the members of the procurement committee in the
public procurement field.
Degree of progress of the
implementation (2)
• This conference is an occasion to present to you the results
obtained within the framework of this self-assessment as well
as the components of the action plan.
• The involvement of the different donors for the
implementation of the components of the action plan is open
for all our partners interested in taking part in the success of
this experience.
3. Lessons learned from the assessment:
difficulties and recommendations
The management of the diversity of
profiles and the resistance to change
• The diversity of profiles of the members composing the CNFC
is a source of richness: each member bring his knowledge
and experience of its own field (judges, senior officials,
competition specialists, representative of bidders…)
• Affiliation of members may make them resist to the ideas of
change. For example, the Governance axis was the most
debated as it touches the prerogatives of the others,
especially when it comes to control.
Composition of the working
groups
• A special necessity should be given to the composition of each
working group in regard with the object of its pillar.
• Certain profiles have to be involved in each working group.
• The rapporteurs have to be available entirely to the CNFC: it is
a full time job with a total availability
Importance of financial and technical
support for the work of the CNFC
• Mastering the subtleties of the methodology was possible
thanks to the involvement of the CNFC members and to the
support of the World Bank and African Development bank
experts.
• The organisation of the plenary sessions as well as the
availability of the permanent consultant were possible thanks
to the financial support of the mentioned above partners
Political support
• The political support was and continue to be essential for the
culmination of the CNFC work.
• The designation of the members by decree as well as the
approval of the final report by the ministerial council
permitted:
• Giving more credibility to the work and the results
• Promoting the involvement of technical and financial partners
• Extending the mandate of the CNFC in order to insure the
monitoring of the implementation
• Authorising the research of new support for the
implementation of the components of the action plan.
Thank you