Professional Documents
Culture Documents
Topic 2
Topic 2
d) Describe the functions of World Bank (WB), World Trade Organization (WTO), United
Nations Commission on International Trade Laws (UNCITRAL), European Union (EU), and
their roles in promoting public procurement.
Public procurement reform refers to changing or amending of public procurement laws and
regulations in order to make improvements.
Worldwide public procurement is guided by the United Nations Commission on International
Trade Law (UNCITRAL) model law on procurement.
The guide is considered to be the Mother Law for enactment and amendment of public
procurement acts for the countries mostly for the developing countries.
Currently, 2011 Model Law is in place. It is intended to enable government purchasers to take
advantage of modern commercial techniques, such as e-procurement and framework agreements,
and to enhance integrity in public procurement and to assist States in formulating a modern
procurement law.
• The history of public procurement system in Tanzania traces back to pre and post-colonial era.
• Prior to the enactment of the Public Procurement Act No.3 of 2001; public procurement was
regulated by the “Exchequer and Audit” Ordinance of 1961 and the Financial Orders Part III in
Public sector adopted from British colonial masters.
• PPA 2016
The history of public procurement system in Tanzania trace back to pre and post-colonial era.
Prior to the enactment of the Public Procurement Act No.3 of 2001; public procurement was
regulated by the “Exchequer and Audit” Ordinance of 1961 and the Financial Orders Part III in
Public sector adopted from British colonial masters.
Government of Tanzania in 1989 embarked on public sector management reform process which
consisted of: Civil Service Reform, Financial Sector Reform, Planning and Budget System
Reform.
In 1996 the Country Procurement Assessment Report prepared by the World Bank, identified a
number of weaknesses in public procurement system in Tanzania and recommended urgent
reform. As result of that the Public Procurement Act 2001was enacted as extension of Public
Finance Act 2001 to regulate public procurement.
The recommendations of Country Procurement Assessment Report 2003 resulted to repeal of the
Public Procurement Act 2001 and enactment of the Public Procurement Act 2004 with.
IV. Public procurement for transparency, fairness, value for money etc.
Functions of WB
• Providing loans to governments for agriculture, irrigation, power, transport, water supply,
educations, health, etc.
Project cycle
Project cycle is the basic framework used by bank to design, prepare, implement, and supervise
projects. For the whole duration of the project cycle bank and borrower will work together.
THE WORLD BANK GUIDELINES: The bank’s interest in procurement is to ensure the loan
allocated for the purpose for which the loan was granted and also will be done in efficient way.
The guidelines under WB provides the procedure to be followed in procurement of goods, works,
services and using of standard bidding documents set out by the bank. Also the guide lines need
to ensure the principles of public procurement are adhered to by Borrower’s procurement
officers. The bank believes that the most efficient way to achieve the Public procurement
objectives is when procuring of goods, works or services conducted through ICB.
In summary WB guidelines gives the series of procurement procedures to be followed. For
example how to invite bidders, the procedure to be followed when opening bidding documents,
evaluation and award of contract, rules on specifications and all other important aspects.
The General Agreement on Trade and Tariffs (GATT) in the signature of GTA in 1994 and
creation of WTO in 1995 were the ones among drivers of changes in public procurement. GATT,
WTO, and GTA aimed to achieve greater liberalization, and Expansion of world trade.
The WTO addresses the state to state. As regards to procurement the GTA addresses the
harmonization of procurement law with express aim of opening up markets to international
competition by preventing states parties from discriminating against suppliers from other states
parties and applying rules of transparency and open competition in procurement.The World
Trade Organization (WTO) is the only international organization dealing with the global rules of
trade between nations.
It was established on the basis of an international treaty approved by participating countries.
Functions of WTO
Its main function is to ensure that trade flows as smoothly, predictably and freely as possible
To provide a platform to member countries to decide future strategies related to trade and
tariff.
To assist international organizations such as, IMF and IBRD for establishing coherence in
Universal Economic Policy determination.
UNCITRAL; Is the main legal body of united nations legal system in the international trade law
with general mandate to further progress harmonization and unification of law of international
trade.
UNCITRAL recognized as the core legal body of the United Nations system in the field of
international trade law.
It is a legal body with universal membership specializing in commercial law reform worldwide.
• The challenges can be viewed as opportunities change and fundamental improvements through
public procurement reforms.
Public procurement is vital to the delivery of public services, results, and performance. Used as a
strategic tool to enhance government performance and the quality of services, it requires a
multifaceted approach for reform. Public procurement systems should be measured not merely
by formal compliance with procedures but also by the achievement of development and other
policy objectives.
ii. It is intended to provide the essential procedures and principles for conducting various types
of procurement proceedings in a national system with the view to achieve value for money.
iii. Avoiding abuse and corruption.
OBJECTIVES OF UNCITRAL MODEL LAW
Same as of Tanzania ACT of 2011 and Its Regulation of 2013 since the ACT of TZ was enacted
by looking the provisions of the model law and almost all provisions of our act was copied from
UNCITRAL model law of 2011.
i. The Model law allows government purchasers to take advantage of modern commercial
techniques such as E-PROCUREMENT, and frame work agreement allows in maximization of
VFM in procurement.
ii. The law contain provisions to allow several types of procurement methods to match with
normal or standard procurement, emergency procurement, low value procurement, and large or
complex procurement in which governments can interact with potential suppliers, contractors
and service providers to get the best solution of its requirements.
iii. The law provide all procedures that promote transparency, competition and objectivity
through which allow procurement process to be challenged by potential suppliers i.e. appeal
mechanism.
EUROPEAN UNION
Public procurement has become an important policy tool for EU member states because of the
size of the public procurement markets in those economies.
EU developed standard rules of procurement which had to be complied by all European countries
joined in the UNION. The rules require all public entities for all EU countries to be adhered to
the principles of equal treatment, non- discrimination, mutual recognition, and transparency.
The objective of EU’s procurement rules and principles are based to strengthen the single market
and the EU’s competitiveness.
The African Governance Architecture (AGA) is a Constitutive Act of the African Union (AU)
that:
Promotes and protects human and people’s rights,
Consolidate democratic institutions and culture and ensure good governance and the rule of law.