101080 BENCHMARKING PUBLIC PROCUREMENT 2016 ASSESSING PUBLIC PROCUREMENT SYSTEMS IN 77 ECONOMIES © 2016 International Bank for Reconstruction and Development/The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org Some rights reserved 1 2 3 4 18 17 16 15 This work is a product of the staff of The World Bank with external contributions. The findings, inter- pretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. 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The World Bank therefore does not warrant that the use of any third- party-owned individual component or part contained in the work will not infringe on the rights of those third parties. The risk of claims resulting from such infringement rests solely with you. If you wish to re-use a component of the work, it is your responsibility to determine whether permission is needed for that re-use and to obtain permission from the copyright owner. Examples of components can include, but are not limited to, tables, figures, or images. All queries on rights and licenses should be addressed to the Publishing and Knowledge Division, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202–522–2625; e-mail: pubrights@ worldbank.org. ISBN (paper): 978-1-4648-0726-8 ISBN (electronic): 978-1-4648-0727-5 DOI: 10.1596/978-1-4648-0726-8 Design: Communications Development Incorporated Contents Foreword iv Acknowledgments v Glossary vii Abbreviations ix Overview 1 1. About Benchmarking Public Procurement 2016 6 What does Benchmarking Public Procurement 2016 measure? 6 How are the data collected? 10 What are the methodological limitations? 14 What’s next? 14 2. The procurement lifebcycle 17 Preparing bids 18 Submitting bids 22 Evaluating bids 26 Awarding and executing contracts 29 3. Complaint and reporting mechanisms 34 Availability of complaint and reporting mechanisms 35 First-tier review process 38 Second-tier review process 42 Notes 45 References 48 Economy datasheets 50 The procurement life cycle 50 Complaint and reporting mechanisms 51 Contributors 130 Contents | iii Foreword Good governance is crucial to the World Bank Group (WBG) twin goals of ending poverty and boosting shared prosperity. Countries with strong institutions prosper by creating an environment that facilitates economic growth, enables the delivery of valuable public services, and earns the confidence of citizens. As a critical element of good governance, public procurement plays a fundamental role in achieving the twin goals of ending poverty and building shared prosperity. The public procurement market is massive. In developing countries, governments spend an estimated $820 billion a year, about 50 per- cent of their budgets, on procuring goods and services. Public procurement is large in high-income countries as well, reaching about 29 percent of total general government expenditure. In the past decade, public procurement has increased 10-fold. And this growth trajectory is expected to continue. Public procurement is a key variable in determining development outcomes and, when carried out in an efficient and transparent manner, it can play a strategic role in delivering more effective public services. It can also act as a powerful tool for development with profoundly positive repercussions for both good governance and more rapid and inclusive growth. Countries capable of controlling cor- ruption in the public procurement sector are able to use their human and financial resources more efficiently, attract more foreign and domestic investment, and on average grow more rapidly. Promoting good governance through strengthening and transforming public procurement is at the core of the fight in eradicating poverty and improving governments’ service delivery. The 2016 edition of the Benchmarking Public Procurement report aims to support evidence-based decision making on procurement policies and reforms by providing comparable data on regulatory environments that affect the ability of private companies to do business with governments in 77 economies. Benchmarking Public Procurement 2016 builds on concepts and internationally accepted principles that are used in the context of the Bank’s new Procurement Policy Framework such as openness, transparency, competition, value for money, and accountability. As the WBG continues to build on these concepts to develop new tools and approaches, this will be reflected in the Bench- marking Public Procurement indicators in the upcoming years to ensure this tool will support clients’ effort to modernize and reform their procurement systems and institutions, leading to improved governance and efficiency in public sector procurement. Robert Hunja Augusto Lopez-Claros Director, Public integrity and Openness Director, Global Indicators Group Governance Global Practice Development Economics The World Bank Group The World Bank Group iv | Benchmarking Public Procurement 2016 Acknowledgments The Benchmarking Public Procurement 2016 Purchasing), Paulo Magina (Organisation for report was prepared by a team led by Federica Economic Co-operation and Development), Saliola with the support of Tania Ghossein Caroline Nicholas (United Nations Commission under the general direction of Augusto Lopez- on International Trade Law—UNCITRAL), Cory Claros. Members of the core team include O’Hara (USAID), Felix Prieto (Inter-American Elisabeth Danon, Natalia Del Valle Catoni, Iana Development Bank), Mary Ann Ring (General Djekic, Maria Paula Gutierrez Casadiego, Tabea Electric), Tara Shannon (U.S. Chamber of Com- Susanne Hoefig, Raquel Maria Mayer Cuesta, merce), Steven L. Schooner (George Washing- Sophie Pouget, Vyron Sacharidis and Mikel ton University Law School), Jessica Tillipman Tejada Ibañez. (George Washington University Law School), Peter Trepte (University of Nottingham) and The team is grateful to the American Bar As- Khi Thai (Florida Atlantic University). sociation, Section of International Law, and particularly to the International Legal Resource The team would also like to thank its many col- Center for its assistance with data collection leagues at the World Bank Group for valuable across 77 economies. guidance. It would especially like to acknowl- edge the comments and assistance received The team is indebted to the following individu- from Elmas Arisoy, Bhanoumatee (Asha) als for pro bono feedback and guidance at vari- Ayoung, Karim Ouled Belayachi, Lisa Bhansali, ous stages of the project’s development: Elena Jurgen Rene Blum, Christopher Browne, Majed Abramova (International Business Leaders El-Bayya, Nathaniel Edward Castellano, Pascale Forum), Nikolai Akimov (Moscow Metropolitan Dubois, Paul Ezzeddin, Abdoulaye Fabregas, Governance University), Julianne Altieri (Sie- David Francis, Indermit Gill, Catherine Greene, mens), Jorge Claro (International Procurement Shawkat M.Q. Hasan, Asif Mohammed Islam, Institute), Cecily David (United States Agency Veselin Kuntchev, Joseph Huntington La Cascia, for International Development—USAID), Miha- Melissa Marie Johns, Enzo de Laurentiis, Knut ly Fazekas (University of Cambridge), Laurence Leipold, Belita Manka, Alison Micheli, Katherine Folliot Lalliot (Université Paris Ouest Nanterre Elizabeth Monahan, Adriana Marcela Moreno La Défense), Daniel Gordon (George Washing- Pardo, Jean Denis Pesme, Rita Ramalho, Jorge ton University Law School), Angela Hinton (City Luis Rodriguez Meza, Ivana Maria Rossi, Mar- of Atlanta), Barbara Humpton (Siemens), Brigid cela Rozo, Robert Saum, Sirirat Sirijaratwong, Leahy (George Washington University), Gary Sylvia Solf, Vivek Srivastava, Collin David Swan, Litman (U.S. Chamber of Commerce), Brent Hiba Tahboub, Joel Turkewitz , Sanjay N. Vani, Maas (National Institute of Governmental Emile J. M. Van Der Does De Willebois, Arman Acknowledgments |v Vatyan, Joao Nuno Vian Lanceiro da Veiga Malta well as the Department of Foreign Affairs and and Anna Wielogorska. Country Management Trade of the Australian Government. Units within the World Bank Group kindly pro- vided assistance in the data collection process The Benchmarking Public Procurement online and in reaching out to government officials in database is managed by Vinod Kumar Vasude- their respective countries. van Thottikkatu, supported by Andres Baquero Franco, Kunal Patel, Mohan Pathapati, Rajesh The team is grateful to Florida Atlantic Univer- Sargunan and Hashim Zia. The report’s media sity, Georgetown University Law Center, the and outreach strategy is managed by Indira George Washington University Law School and Chand and supported by Hyun Kyong Lee. the American University Washington College of Law for organizing an externship program The report was edited and designed by a team for law students to conduct legal research for at Communications Development Incorpo- the project. Students in the program who as- rated, led by Bruce Ross-Larson and including sisted in the data collection and legal research Joe Caponio, Mike Crumplar, Christopher Trott, under the team members’ supervision include John Wagley Jr., Lawrence Whiteley and Elaine Esna Abdulamit, Charlene Atkinson, Samantha Wilson. Maria Bird, Jae Won Chang, Sumeng Chen, Julia Forzy, Adriana Geday, Sati Harutyunyan, Benchmarking Public Procurement 2016 would Merghol Ali Khan, Nicole Anouk Leger, Vanessa have not been possible without the generous Onguti, Ana Carolina Ortega Gordillo, Do Yhup contribution of a network of more than 900 Pyun, Giovanella Quintanilla, Heena Rohra, local partners including legal experts, private Joshua Steinfeld, Denise Taylor, Zelda Rose sector firms, academics, government officials Vassar, Yiran Wang, Duo Xu and Patricia Lauren and other professionals routinely adminis- Zuñiga. tering or advising on the relevant legal and regulatory requirements in the 77 economies The project was made possible by the gener- measured. The names of those wishing to be ous financial support of the United States acknowledged individually are listed at the Agency for International Development, the end of this report and are made available on United States Department of State, the World the Benchmarking Public Procurement website: Bank Multi-Donor Research Support Budget as http://bpp.worldbank.org. vi | Benchmarking Public Procurement 2016 Glossary Bid Complaint mechanism An offer submitted by a bidder in response to a Formal objection, protest or request to review call for tender to supply goods, perform works the acts and procedures of a procuring entity or provide services. when they are legally unjustified or contrary to the legal framework. Bid evaluation Method the procuring entity uses to compare Conflict of interest and assess submitted bids in relation to the A conflict between the public duty and the evaluation criteria and technical specifications private interest of a public official, in which established for each procurement. the official’s private interest could improperly influence the performance of official duties and Bid security responsibilities. Security required from suppliers by the procur- ing entity and provided to the procuring entity Cost to secure the fulfillment of obligations. It in- Official fees and charges incurred by suppliers cludes arrangements such as bank guarantees, throughout the public procurement process. surety bonds, stand-by letters of credit, checks Unofficial or unlawful payments or bribes are for which a bank is primarily liable, cash depos- not counted as costs. Professional fees (for its, promissory notes and bills of exchange. It lawyers or other experts) are counted as a cost excludes any security for the performance of only if suppliers are required to use such ser- the contract (UNCITRAL Model on Public Pro- vices by law. All costs are in U.S. dollars. curement of 2011). First-tier review Bidding documents (tender documents) The first time a complaint is reviewed by a pro- Documents presenting the terms of tender, the curing, administrative or judicial body. general conditions of the contract and the ten- der specifications. Misconduct Any type of suspicious conduct by the procure- Call for tender ment official—related to conflicts of interest, The public invitation for all suppliers to submit corruption and other illegal activities—that bids to supply goods, perform works or provide raises red flags and may be reported to differ- services. ent government and anti-corruption entities. Glossary | vii Open tendering Regulatory framework Method of procurement involving public and Applied to the Benchmarking Public Procurement unrestricted solicitation under which all inter- indicators, the framework comprises all public ested suppliers can submit a bid. procurement laws and regulations, legal texts of general application, binding judicial deci- Procurement contract sions and administrative rulings in connection Awarded to the supplier that submitted the with public procurement. winning bid, it establishes the details of the execution of the procurement between the Standing procuring entity and the supplier. The capacity of a party, in this case a supplier and/or bidder, to bring suit against the procur- Procurement life cycle ing entity. The procurement life cycle starts with the need assessment by the procuring entity and ends Second-tier review with the execution of the contract. In a second review or appeal, an administra- tive or judicial body has the authority to issue a Procurement official final decision on the dispute. Public official who is directly or indirectly in- volved in the public procurement process. Tender Designation of the proposal, or bid, submitted Procurement plan by a supplier in response to a call for tender. Plan of expenditure issued by the government to establish its procuring needs over a delim- Tender notice ited period of time (i.e. a year, half a year or a The document inviting all suppliers to submit trimester). bids to supply goods, perform works or provide services. Procuring entity Any government entity that engages in public Whistleblower procurement in accord with the national or An individual who exposes information on ac- local procurement regulatory framework. tivities that are illegal or dishonest. viii | Benchmarking Public Procurement 2016 Abbreviations EU European Union GNI gross national income OECD Organisation for Economic Co-operation and Development SAR special administrative region SMEs small and medium enterprises UNCITRAL United Nations Commission on International Trade Law WTO World Trade Organization Abbreviations | ix Overview If you think outsourcing, contract management when compared with the strong administrative and public-private partnerships are modern systems of the private sector.7 More techniques concepts—think twice. How did the governments and approaches from business administration of ancient civilizations acquire goods, works and were injected into the public sector in the 1980s.8 services? There is no way they could have built Because of the challenges of globalization and the Giza pyramids or the Parthenon without good technological change, public procurement has public procurement systems. since become one of the principal economic activi- ties of governments.9 Doing business with the government can be traced back several thousand years. The first procure- Public procurement accounts for around one- ment order from around 2500 BCE was found in fifth of global gross domestic product (GDP). Syria in a red clay tablet.1 In ancient Egypt scribes In most high-income economies the purchase managed the supply of materials and workers for of goods and services accounts for a third of building the pyramids. They had a clerical role, total public spending,10 and in developing noting the amount of materials needed and plan- economies about half. Given its size the public ning the work process on papyrus rolls.2 procurement market can improve public sector performance, promote national competitive- By the Middle Ages the institutions that developed ness and drive domestic economic growth. public procurement besides the monarchy were the And it can boost economic development. But church and the military—for buildings, warfare and the benefits go beyond getting value for money courts. As the cities in Europe continued to grow and 3 and other monetary goals. Today public pro- industrialize, governments relied more on private curement addresses such policy objectives suppliers for goods, works and services. However, it as promoting sustainable and green procure- was not until the late 1800s that state legislatures in ment. And integrated with procurement policy the United States began to create boards or bureaus are social objectives to support enterprises in charge of purchasing. With defense purchasing 4 owned by disadvantaged groups and promote during the two World Wars, modern procurement small and medium enterprises. reached the next level of sophistication.5 But pro- curement was purely clerical—to obtain supplies of With such vast sums and interests at stake, goods and services to keep the economy running. 6 public procurement is the government activ- ity most vulnerable to corruption and fraud. In the 1970s many governments were seen as It provides numerous opportunities for all in- ineffective, inefficient and wasteful, especially volved to divert public funds for private gain. Overview |1 Corruption in public procurement imposes very the private sector during a needs assessment high costs on both the government and the civil and the time for reviewing protests in case of society. When the tendering process is rigged complaints. because of corruption, competition cannot play its role of driving the prices down and the qual- Building on the pilot assessment conducted in ity up.11 Consequently, the quality of infrastruc- 11 economies in 2014, the data collection was ture and public service declines, directly im- scaled up to 77 economies in 2015. Benchmark- pairing economic development. Since it raises ing Public Procurement measures internation- the price paid by the administration for goods ally accepted good practices across various and services, corruption in public procurement phases of the public procurement life cycle: also means colossal losses of tax payer money. preparing, submitting and evaluating bids, Eliminating corruption in public procurement is and awarding and executing contracts. Im- probably impossible but a range of measures pediments to a well-functioning procurement are available for governments to combat cor- system can arise throughout the different rupt practices related to public contracts. phases of the cycle. Private firms’ participation in the public market may be affected by issues Sound public procurement laws that promote of transparency and efficiency as early as the transparency and reduce the opportunity for identification of a need by a procuring entity opaque decisions are an important weapon in and can expand throughout the final execution this fight. Failing to design laws and regulations of a service. that balance various stakeholders’ diverging goals would impair economic development Benchmarking Public Procurement also focuses in the single most important marketplace in on an equally critical aspect of procurement developed and developing countries. After systems for private sector participation: a well- all, public procurement is a business process functioning complaint system. Efficient com- within a public system. plaint mechanisms introduce a fairly low-cost form of accountability by offering disgruntled Benchmarking Public Procurement provides suppliers a forum to air their complaints. They comparable data on regulatory environments increase suppliers’ confidence in the integrity that affect the ability of private companies to do of the procurement process, encouraging more business with governments in 77 economies. It to participate, which can increase competition, aims to promote evidence-based decision mak- lower prices and improve quality. That can ing by governments and to build evidence in allow government agencies to deliver better areas where few empirical data have been pre- services and give the public more confidence in sented so far, such as the consultations with the way public funds are spent. 2| Benchmarking Public Procurement 2016 The transparency of public procurement sophisticated platforms for conducting the en- regulations is far from optimal. tire procurement process online. Benchmarking Public Procurement data that The many benefits of e-procurement have measure the transparency of procurement been widely recognized. They include equal laws and regulations reveal that most of the 77 market access and competition, enhanced economies targeted by the project have at least transparency and integrity and lower transac- one “transparency” deficiency. In some instanc- tion costs. The digitization of procurement es regulations are silent on details essential can reduce in-person interactions that offer to suppliers, such as the legal time needed to opportunities for corruption. But e-procure- obtain a decision after lodging a complaint. In ment as a standalone reform is likely to yield other instances, the laws do not facilitate equal positive transformational results only if fully access to information for all suppliers—for implemented. example, leaving the notification of the results The Benchmarking Public Procurement data of a tender to the discretion of the procuring show that in 17 of the economies measured, it entity. Another interesting example: fewer than is still not possible for users to access tender 10 economies surveyed require the procuring documents from the electronic procurement entity to publicly advertise the consultation portal. Even more worrisome, when website with the private sector, when it takes place. visitors in several countries click on a “tender Although there is still room for improvement documents” option, they are led to an empty in all the economies measured, OECD high- page. Interestingly, in 31 of the economies mea- income economies do hold higher standards of sured, bidders may submit their bids through transparency (figure 1). an electronic platform. In a few countries like Chile and the Republic of Korea, electronic There is a clear move toward the use of submission of bids has become the rule. But in electronic means in conducting public most economies measured, e-bidding remains procurement. possible only in limited circumstances—as for Of the 77 economies measured, 73 have a web- a certain type of contract, or a certain industry, site dedicated to public procurement. Some are or if bidders have special authorization. more advanced than others, and governments are using them for various purposes, whether Although several economies have modern it is to facilitate the bidding process, the award and sound public procurement regulations, of contracts to bidders or to support the man- their implementation lags behind. agement of the procurement contract (such Implementing the law not only guarantees as processing payments online). Electronic the respect of the safeguards in place—it also platforms range from a website that does not reinforces the efficiency of the procurement support interactions but allows users to merely process. Benchmarking Public Procurement data access tendering information—all the way to provide some evidence on the implementation Overview |3 Figure 1 Countries with a high GDP per capita are positively associated with important aspects of transparency 12 IRL USA SWE CAN NLD AUT GBR SGP AUS FRA HKG Log of GDP per capita ITA 10 ESP BHR KOR POL HUN CHL TUR URY ARG BWA MEX LBN MUS MYS RUS ZAF BRA ROM NAM BGR COL 8 DZA BIH AZE JOR ECU THA SRB PER GTM MAR MNG UKR IDN HND EGY PHL BOL NIC NGA CIV VNM MDA ZMB CMR SEN GHA 6 SLE TZA HTI KEN KGZ MOZ GMB TGO UGA ZAR BDI 4 0 2 4 6 8 Transparency in public procurement Note: GDP per capita is gross domestic product divided by the midyear population. GDP is the sum of gross value added by all resident producers in the economy plus any product taxes and minus any subsidies not included in the value of the products. It is calculated without making deductions for depreciation of fabricated assets or for depletion and degradation of natural resources. Data are in constant 2005 U.S. dollars (meaning the base period is 2005). Transpar- ency in public procurement referst to the aspects of transparency measured by the Benchmarking Public Procurement indicators. of laws in practice. For example, although the High costs affect all types of bidders, but small law provides that the payment of the contract and medium enterprises (SMEs) to a greater should be processed within 30 days in 32 of the extent, hindering their participation and access 77 economies surveyed, suppliers receive pay- to the public procurement market. The require- ments from procuring entities on time only in ment to hire a legal counsel in order to file a 14 of them. And in many economies where the complaint, a rule in 4 economies, adds to the law mandates a regulatory time limit for review cost. Interestingly, although the remaining 73 bodies to assess a complaint and issue their de- economies do not have such a legal require- cisions, this limit is rarely respected. Depending ment, Benchmarking Public Procurement data on the forum reviewing the complaint, this may show that it is a standard practice to hire a legal result in months or even years of delay. counsel in 36 economies. Another example of significant transaction costs has to do with the Transaction costs are still high in a number discretion of procuring entities in setting the of instances throughout the public procure- maximum amount of bid security. In 23 of the ment process. economies measured, the maximum amount of 4| Benchmarking Public Procurement 2016 bid security that procuring entities are allowed the bid security may be as high as 100% of the to request is either more than 5% of the bid estimated value of the contract, hindering the value or not regulated at all. In some economies, participation of bidders with limited resources. Overview |5 1. About Benchmarking Public Procurement 2016 In recent years international principles, con- Benchmarking Public Procurement is a work in ventions and instruments have been devel- progress. It follows the approach of the World oped to ensure the transparency, integrity Bank Group’s Doing Business report, which has and efficiency of public procurement systems a recognized track record in measuring an worldwide. These instruments have generated economy’s laws and regulations and leverag- internationally recognized good practices that ing reform.13 Doing Business assesses the busi- provide a starting point for governments to im- ness climate in 189 economies on recognized prove their national laws and regulations. The good practices. Since its inception in 2003 it World Trade Organization (WTO), the United has inspired close to 2,300 reforms in busi- Nations Commission on International Trade ness regulation. By replicating the Doing Busi- Law (UNCITRAL) and the Organisation of Eco- ness approach and applying it to public pro- nomic Co-operation and Development (OECD) curement, Benchmarking Public Procurement have adopted instruments to foster the har- offers data to fuel academic research, help monization of applicable public procurement governments assess the performance of their rules and guidelines. Their implementation can procurement systems and deliver a unique promote best value for money, increase private information tool to the private sector and civil sector competition and ensure fair treatment. society. Launched in 2013 at the request of the G20 What does Benchmarking Public Anti-Corruption Working Group, Benchmarking Procurement 2016 measure? Public Procurement builds on internationally ac- cepted good practices and principles to develop Benchmarking Public Procurement presents comparative indicators for 77 economies.12 cross-country analysis in 77 economies on is- By targeting the most critical issues deterring sues affecting how the private sector does the participation of private firms, especially business with the government. It focuses on small and medium enterprises (SMEs) in pub- the public procurement cycle from the private lic procurement (box 1.1), Benchmarking Public sector’s perspective. That cycle begins with Procurement offers an objective basis for under- identifying a need and ends with executing a standing and improving the regulatory environ- contract, whether for delivering a good, provid- ment for public procurement around the world. ing a service or performing construction work. 6| Benchmarking Public Procurement 2016 Box 1.1 How public procurement helps SMEs grow In recent decades many developed and developing countries have been modernizing and re- forming public procurement regulations to increase competition, reduce corruption and gener- ate budgetary savings. Governments have paid increased attention to the aspects related to fair and healthy competition and company participation in tenders, especially for SMEs. But SMEs, despite their great potential to stimulate economic growth and encourage innovation and competition, are still largely underrepresented in public procurement in relation to their weight in the economy. SMEs in the European Union (EU), for example, win only 31–38% of public procurement contracts by value—much less than their 52% share in the economy.14 In the Middle East and North Africa they seldom know what the public market offers, even though they represent 80–90% of formal enterprises. In Iraq more than US$51 billion is spent through public procurement, yet small and medium enterprises (SMEs) are not getting their fair share of that spending.15 What are the problems with the government procurement process? How can countries foster the participation of more qualified firms and lower the prices that governments pay for better quality products and services? Myriad stories published in the last few years detail the problems that private companies face when trying to enter the public procurement market. As the EU Commission highlights, many barriers still discourage SMEs from responding to tenders.16 They lack the resources and management expertise to plan, draft and complete tender applications. They also face difficulties in obtaining information, have too little time to prepare proposals and cannot provide the required financial guarantees. Already at a disadvantage they struggle with additional hurdles impairing their fair access to business opportunities, such as low ac- cess to finance and working capital. That makes it important to increase SMEs knowledge and understanding of how public procurement works and to develop their capabilities to compete for public sector contracts. Increasing the share of procurement contracts awarded to SMEs can create more jobs. It can also enhance innovation in public service delivery and spur economic development. In some cases SMEs charge less since their costs may be lower. They can also ensure that government procurement is not dominated by oligopolies. 1. About Benchmarking Public Procurement |7 Figure 1.1 Benchmarking Public Procurement thematic coverage Preparing bids Awarding and Complaint and Submitting reporting mechanisms executing the contract bids Evaluating bids Two thematic areas are critical for private firms • Submitting bids measures the ease of responding to public calls for tender (figure bid submission. 1.1): • Evaluating bids assesses whether the 1. The Public procurement life cycle indicator bid evaluation is an open and fair covers the four phases of public procure- process in order to guarantee bidders ment ranging from preparing and sub- that the bid evaluation process follows mitting a bid to the system for managing the best standards of transparency. contracts. • Awarding and executing contracts as- • Preparing bids captures elements of sesses whether, once the best bid has the procurement life cycle that take been identified, the contract is award- place before a supplier submits a bid. ed transparently and losing bidders 8| Benchmarking Public Procurement 2016 are informed of the procuring entity’s rules, other legal texts of general application decision. and judicial decisions and administrative rulings setting precedents in public procure- 2. The Complaint and reporting mechanisms ment. De facto indicators capture time and indicator covers the ease of challenging cost aspects of the procurement cycle and a public procurement tendering process complaint process. Time to perform a proce- tender through a complaint system and dure is measured in calendar days, and the reporting misconduct and conflicts of minimum time for each procedure is one day. interest. It includes the waiting time, if any, to perform the procedure when no bribe or payment is • Availability of complaint and reporting offered to accelerate the process. Cost in- mechanisms assesses whether sup- cludes only official fees and charges. It does pliers have sufficient means to raise not include unlawful bribes or payments. Pro- a problem to a relevant review body fessional fees of lawyers or other experts are and whether they have access to suf- included only if the law requires a company to ficient information to evaluate the op- use such services. portunity to file a complaint. The most important step in developing bench- • First-tier review process explores the marks was to identify outcomes in the eyes of overall procedure for a complaining potential suppliers, especially the impediments party to obtain a decision from the to supplier participation and the confidence first-tier review body as well as the in the procurement system. The choice of characteristics of filing a complaint seven subindicators was guided by a review of before the first-tier review body. academic literature and by consultations with renowned public procurement specialists and • Second-tier review process assesses private companies—the project’s expert con- whether the complaining party can sultative group.17 appeal a decision before a second-tier review body and, if so, the cost and Further review of international instruments time spent for such a process, as well and recognized best practices has also steered as some characteristics of the second- the design of benchmarks. For instance, the tier review. lack of an independent complaint mechanism is the number one concern for suppliers. The Benchmarking Public Procurement provides de Benchmarking Public Procurement team re- jure and de facto indicators. De jure indicators viewed international instruments to identify capture the characteristics of laws and regu- practices that instill trust in an independent lations encompassing public procurement and fair complaint system and used them as a 1. About Benchmarking Public Procurement |9 basis for developing the benchmarked areas of Figure 1.2 Data collection, verification and analysis in 11 steps the complaint and reporting mechanisms. Step Questionnaires emailed to local contributors in the Since Benchmarking Public Procurement aspires 1 measured countries to be a repository for actionable, objective data, providing insights into good practices worldwide, the dataset points toward reforms Data collected by email, telephone or personal Step interviews to achieve a specific policy goal. For example, 2 the data cover whether open tendering is the default method of procurement across the Step Data consolidated and analyzed measured economies. Policy makers wishing 3 to increase competition in public procurement can identify economies where this is the case 6HOHFWHGGDWDYHULȴHGWKURXJKGHVNUHYLHZVRI and learn from their experience. The indica- Step DYDLODEOHUHVRXUFHVLQFOXGLQJFRXQWU\ODZVUHYLHZHG 4 E\OHJDOH[SHUWV tors and the time and cost for each procedure can help governments frame specific procure- 0XOWLSOHURXQGVRIIROORZXSFRQGXFWHGZLWK ment regulations beneficial to the private Step contributors to validate data 5 sector. 'DWDDJJUHJDWHGXVLQJYDULRXVVFRULQJ How are the data collected? Step PHWKRGRORJLHVWRFRQVWUXFWLQGLFDWRUV 6 The Benchmarking Public Procurement indica- tors are based on primary data collected using ΖQGLFDWRUVDQGSUHOLPLQDU\UHVXOWVIRUVHOHFWHG Step WRSLFVUHYLHZHGE\H[SHUWFRQVXOWDWLYHJURXSV standard questionnaires that expert contribu- 7 tors in each economy complete. Once the data 'DWDDQGLQGLFDWRUVVKDUHGIRUYDOLGDWLRQDQGUHYLHZ are collected and analyzed, several follow-up Step ZLWKJRYHUQPHQWVDQG:RUOG%DQN*URXSFRXQWU\ rounds address and clear any discrepan- 8 RɝFHV cies in the answers the contributors provide, including conference calls and written corre- Report and indicators peer reviewed by renowned Step spondence. The preliminary answers are then SXEOLFSURFXUHPHQWH[SHUWV 9 finalized and shared with governments for further validation. The data in this report were 5HSRUWDQGLQGLFDWRUVFOHDUHGE\:RUOG%DQN*URXS collected up to March 2015, and do not include Step PDQDJHPHQW 10 any changes after that. Figure 1.2 shows the steps in the process from data collection to Step 3XEOLFDWLRQDQGODXQFKRIBenchmarking Public public release. 11 Procurement 2016 report and online database 10 | Benchmarking Public Procurement 2016 Selection of contributors • Professional service providers recom- The main contributors to the questionnaire mended by country offices of the World were law firms, other professional services Bank Group. providers (mainly accounting and consulting firms), public officials involved in procure- Lawyers and other professional services pro- ment tenders, chambers of commerce, law viders were well positioned to complete the professors, private firms and other procure- questionnaires. They could provide more up- ment experts. These individuals and organi- to-date responses based on their experiences zations have knowledge of their economies’ advising clients. Involving various experts in- legal and regulatory frameworks for public creases the accuracy of the data by balancing procurement and experience advising sup- out the potential biases of different stakehold- pliers wishing to do business with their ers. Reaching out to both the private and public government. sectors also helps in comparing the views and insights of all stakeholders in the public pro- Contributors were selected based on their in- curement system. terest, availability and willingness to contribute to the project pro bono. They were identified The majority of data points feeding into the primarily from the following sources: different Benchmarking Public Procurement in- dicators are fact-based and corroborated by • International guides identifying lead- the Benchmarking Public Procurement team by ing providers of legal services, such as analyzing the relevant laws and regulations. Chambers and Partners, Martindale and IFLR1000. Data comparability Comparability is at the core of the Benchmark- • Large international law and accounting ing Public Procurement project. Following the firms with extensive global networks. methodological foundations of Doing Business, Benchmarking Public Procurement takes the • Members of the American Bar Associa- same sets of questions to all economies. Stan- tion, country bar associations, chambers dardized data, indispensable for valid cross- of commerce and other membership country comparison, come from a streamlined organizations. collection process replicable in each economy. • Professional services providers identified Comparability is further achieved through the on the websites of embassies, public pro- reliance on detailed assumptions of a case curement agencies, business chambers study tailored for the Benchmarking Public Pro- and other local organizations. curement questionnaires and applied across all 1. About Benchmarking Public Procurement | 11 economies globally. Assumptions guiding con- provided in the assumptions are not flat values tributors through their completion of the sur- but proportional to the gross national income vey questionnaires pertain to the procurement (GNI) per capita of the economy. contract, the supplying firm willing to submit a bid and the context of the procurement. A hy- Thanks to these assumptions, data collec- pothetical medium-size local enterprise named tion can be cost-efficiently applied to a large “BizCo” seeks to participate in public tender- number of economies and overcome deep ing for the procurement of its products (box structural differences that could jeopardize 1.2). The industry selected must, to the extent comparability. possible, be free of specific health, safety, or national security regulations. Comparing pro- To be relevant and to provide up-to-date curement of heavily regulated products and information to policy makers, the dataset re- services is particularly complex since industry- cords reforms and highlights new trends in specific regulations often trump the application public procurement. which can be tracked only of public procurement rules. In addition, again through a cyclical exercise. A yearly assessment in the interest of comparability, the values allows measuring progress over the years. Box 1.2 Benchmarking Public Procurement 2016 assumptions The company, BizCo, is a private domestically owned limited liability company that operates in the main business city. A medium-size company, it has 10 to 50 employees and generates annual turnover equivalent to 100 times the GNI per capita. The procuring entity is a local authority in the main business city that is planning to buy widgets, equivalent to 20 times the GNI per capita. It initiates a public call for tender, following an open and competitive procedure. The call for tender attracts six offers, including BizCo’s. BizCo’s offer is complete. It includes all required documents. It is unambiguous. And it provides a price quota- tion free of mistakes. The widgets are not bought under a framework agreement. Nor is their purchase by a public entity regulated by any specific law or regulation other than the ones applicable to general public procurement. Note: The term widget refers to unnamed articles considered for the hypothetical example. 12 | Benchmarking Public Procurement 2016 Aggregating the data to good practice on a certain subindicator, are The Benchmarking Public Procurement indica- in the top quintile. Economies with a score of 20 tors are aggregated by subtopic and are de- or less are in the bottom quintile in the charts, signed to help policy makers evaluate their sys- which means that the economy has a lot to tem’s performance in a specific area of public improve in the light of internationally accepted procurement (table 1.1). good practices and principles on what Bench- marking Public Procurement measures. The re- Only the practices and regulations recognized maining three categories are in quintiles 2, 3 or as good by the global public procurement com- 4 in the charts (respectively > 20 and ≤ 40; > 40 munity are aggregated through scores. The and ≤ 60; >60 and ≤ 80). All data points used scoring method allocates the same weight to all to aggregate the Benchmarking Public Procure- benchmarks. Scores are presented in five cat- ment indicators are listed at the beginning of egories at the subindicator level: 0–20, 21–40, the country pages and made publicly available 41–60, 61–80 and 81–100. Economies with a on the project’s website (http://bpp.worldbank score of 81 or more, which are considered close .org). Table 1.1 What Benchmarking Public Procurement measures—seven areas in two themes Indicator 1: Public procurement life cycle l Preparing bids l Submitting bids l Evaluating bids l Awarding and executing contracts Indicator 2: Complaint and reporting mechanisms l Availability of complaint and reporting mechanisms l First-tier review process l Second-tier review process Note: The submitting and evaluating bids subindicators have combined scores. The second-tier review process subindi- cator is not scored due to its limited applicability to a small number of countries. Nevertheless, highlights from the data collected are presented in the report (chapter 3). 1. About Benchmarking Public Procurement | 13 Awarding points based on the content of the the professionalization of procurement in the law tends to advantage economies that system- public sector. Nor do they look at the number atically codify rules. Therefore, Benchmarking of procurement contracts awarded in a given Public Procurement also measures questions on economy or the number and outcome of com- the implementation of laws in practice and the plaints filed, even though these are strong time and cost to fulfill required procedures. As indicators of a well-functioning procurement the methodology is further refined, the assess- system. In addition, they do not take into ac- ment of the procurement system’s practices count the impact of fraud and corruption, will be further expanded. which are an undeniable reality in many pro- curement systems. But their magnitude can- Finally, not all the data collected and published not be captured through standardized survey are scored. Information was also collected for instruments. contextual purposes, and it will be available on the project’s website. Although the case study assumptions for Benchmarking Public Procurement indicators Geographical coverage make the data comparable at a global level, The 2016 report covers 77 economies in seven they also reduce their scope. For instance, the regions (figure 1.3). In 2014 the project was indicators focus, with a few exceptions, on the piloted in 11 economies: Afghanistan, Chile, main business city of each economy covered. Ghana, Jordan, Mexico, Russian Federation, As a result the assessment focuses on national Sweden, Thailand, Turkey, Uganda and the laws and regulations, which may not necessari- United States. A progress report highlighting ly represent the full picture of the procurement common trends in public procurement regu- market in countries with a federal system. It lations and related practices was published also makes no sector-specific assessment. (http://bpp.worldbank.org). What’s next? What are the methodological limitations? Following in the footsteps of Doing Business, the Benchmarking Public Procurement methodology The Benchmarking Public Procurement indica- will continue to improve. The team is scaling tors do not measure the full range of factors, up data collection to 189 economies in the fall policies and institutions that affect the public of 2015. A thematic expansion is also planned procurement system of a given economy. to include topics such as Suspension and debar- They do not, for example, capture aspects re- ment of private firms. lated to the size of budget expenditure in an economy, the training and skills of the public In addition, practice-related questions will be officials handling procurement tendering or added to offer a more comprehensive dataset. 14 | Benchmarking Public Procurement 2016 Figure 1.3. Geographical coverage of Benchmarking Public Procurement 2016 East Asia and Pacific Europe and Central Asia (10 economies) (10 economies) Hong Kong SAR, China Philippines Azerbaijan Romania Indonesia Singapore Bosnia and Herzegovina Russian Federation* Malaysia Taiwan, China Bulgaria Serbia Mongolia Thailand* Kyrgyz Republic Turkey* Myanmar Vietnam Moldova Ukraine Latin America and the Caribbean Middle East and North Africa (13 economies) (7 economies) Argentina Guatemala Mexico* Algeria Lebanon Bolivia Haiti Nicaragua Bahrain Morocco Brazil Honduras Peru Egypt, Arab Rep. Tunisia Colombia Jamaica Uruguay Jordan* Ecuador OECD high income South Asia (16 economies) (2 economies) Australia Korea, Rep. Afghanistan* Nepal Austria Poland Canada Netherlands Sub-Saharan Africa (19 economies) Chile* New Zealand Botswana Kenya Sierra Leone France Spain Burundi Mauritius South Africa Hungary Sweden* Cameroon Mozambique Tanzania Ireland United Kingdom Côte d’Ivoire Namibia Togo Italy United States* Congo, Dem. Rep. Nigeria Uganda* Gambia, The Senegal Zambia Ghana* * Pilot economies. 1. About Benchmarking Public Procurement | 15 Even though a solid regulatory framework is Finally, the report’s findings will be applied in the the first step in strengthening procurement research, analysis and technical assistance of our systems, it remains sterile if not backed up with World Bank Group colleagues and other partner efficient enforcement mechanisms. The inclu- organizations. Feedback is welcome on the data, sion of practice questions will be a major step methodology and overall project design to make in the development of the Benchmarking Public future Benchmarking Public Procurement reports Procurement project. even more useful as a resource. 16 | Benchmarking Public Procurement 2016 2. The procurement lifebcycle Unnecessary hurdles and obstacles to efficiency information and open procurement markets can occur at every step of the procurement life drive down costs, improve quality and provide cycle. Each step comes with its own set of risks, better value for money. They also lower the risk but the lack of transparency, bottle neck regula- that any party will be improperly advantaged tions, unexpected delays and unequal access to due to flaws in the system. Conversely, when it information are challenges that suppliers can is difficult or costly to obtain information on the face all the way from the need assessment phase government’s needs, technical specifications to awarding and implementing the procurement and processes for submitting and evaluating contract. Governments, through targeted policies bids, the procurement system is drained of and strict implementation of regulations, have efficiency, transaction costs rise and potential an important role in making the overall process bidders may be excluded from participating. easier for companies. Generally speaking, inter- national good practices can be used as goals Benchmarking Public Procurement measures the when designing procurement policies. But beyond procurement life cycle from the perspective of guiding principles of transparency, efficiency and the private sector through four phases. In the fairness that are beneficial to all regimes, govern- first phase, preparing bids, the procuring entity ments must look into the specificities of their own sets the stage for the rest of the procurement system, identify risks and opportunity, and adopt cycle by assessing its needs, conducting market targeted rules that will address these risks and research to identify solutions that the private make their systems stronger. sector can provide and crafting the technical specifications to evaluate bids. In the second Transparency and access to information remain phase, submitting bids, it has to advertise the a priority in each stage of the procurement procurement to the private sector so that process, from the first conception of the pro- potential bidders can create and submit their curing entity’s need, through contract award offers. In the third phase, evaluating bids, it eval- and all the way to final delivery and payment. uates the offers submitted. In the fourth phase, Ensuring that suppliers can easily become awarding and executing contracts, it awards the aware of tendering opportunities, obtain cop- contract to the supplier that submitted the win- ies of tender documents, and understand how ning offer and oversees the execution of the and on what grounds bids are evaluated are contract. (Note that the procuring entity is not just a few examples of how policy makers can always the entity overseeing contract execu- make procurement regimes more transpar- tion, as in Jordan, which has a central purchas- ent. Transparent processes, easy access to ing/tendering department for all ministries.) 2. The procurement life cycle | 17 This chapter presents some of the Benchmark- When assessing their needs and researching ing Public Procurement findings for the four potential solutions, procuring entities often phases of the procurement life cycle in 77 need to consult with the private sector to deter- economies. mine the solutions available, a process called market research. Early communication with the Preparing bids private sector often shapes the procurement, most notably the technical specifications re- The Metropolitan Municipal District of Quito, Ec- quired in the tender documents. If one or only uador, just had elections and the people of Quito a few suppliers are consulted during the mar- elected a new Council and a new mayor. The new ket research, other suppliers may not be able mayor made it a priority to address some issues to submit offers that comply with the technical in the public school system. One goal was to pro- specifications. This limits not only competition vide new desks, chairs, blackboards and chalks to but also the procuring entity’s ability to con- each city public school. The District of Quito was sider the full menu of options available, and about to initiate a call for tender for a procure- thus the opportunity to get the best value for ment contract following an open and competitive public money. procedure. After its market research the procuring entity Meanwhile, a company with experience supplying chooses the appropriate procurement mecha- furniture for public schools was considering seek- nisms to conduct its procurement and specify ing opportunities with the District of Quito. It was clear technical specifications for the evaluation about to negotiate a contract with an important of offers. To ensure that potential suppliers are private school in the city, which would demand its encouraged to compete, certain baseline infor- full work capacity for two months. But it did not mation has to be included in tender documents, want to miss any opportunity with the District of and a notice of tender is to be advertised, pref- Quito, since providing supplies to several public erably through multiple channels and ideally schools over a long period would be more profit- through a central online procurement portal. able than supplying a single private school for two These documents should be available as early months. as possible, if not immediately after they are final, and they should be free. The company was looking for some clarity on the priorities and needs of the public schools. Various elements of the preparation period Would the District of Quito advertise its needs? can weigh heavily on a supplier’s decision to If so, where? Would it publish a procurement respond to a call for tender. Easy access to a plan? What information would the advertisement procurement plan is critical for anticipating contain? and planning the preparation of a proposal. 18 | Benchmarking Public Procurement 2016 Detailed tender specifications—clearly stating publicly advertise any interaction with the the requirements to meet and the assessment private sector during market research. Such method used by the procuring entity in evalu- advertisement promotes the transparency and ating proposals—are essential for a supplier to integrity of the procurement process. gauge its chances of winning the contract. Companies in Argentina or Brazil are able to Preparing bids captures elements of the pro- participate in a preliminary consultation pro- curement life cycle that take place until a cess for all interested parties to provide their supplier submits a bid (figure 2.1). Through input on the technical specifications of the pro- calibrated data points it measures the ease for curement, under certain conditions. Indeed in prospective bidders to become aware of ten- Argentina, when the amount of the contract or dering opportunities, make an informed deci- the complexity of the procurement is very high, sion on whether to submit a bid and acquire a call for consultation is published online for a the information and material necessary to pre- minimum of 10 days and allows any person to pare a proposal.18 submit comments.20 In Brazil a public consul- tation is mandatory 15 days before publishing Advertise the procuring entity’s needs the tender documents for high-value construc- assessment tion and engineering contracts. During the needs assessment phase, the pro- curing entity can engage the private sector to Algeria, Canada, Chile, Poland and Taiwan, assess the procuring entity’s needs—the type China also require publicly advertising consul- of good or service needed, the quantity and the tations with the private sector during market technical specifications—before drafting the research. In Canada, Chile and Taiwan, China tender notice.19 To provide an equal opportu- consultations with the private sector are always nity to all firms and potential bidders, it should required to be public, and notices are published Figure 2.1 Preparing bids Preparing bids Submitting Evaluating bids Awarding and bids executing the contract Ɣ Advertise the procuring entity's needs assessment Ɣ Publish the procurement plan Ɣ Advertise the call for tenders Ɣ Include key elements in the tender notice and tender documents 2. The procurement life cycle | 19 online to reach a wide audience. In Poland, the However, many economies continue to broad- procuring entity must publish a notice online cast calls for tenders through traditional chan- and include information on the consultations nels. Indeed, traditional channels provide in the tender documents. 21 information in countries where SMEs have less capacity and less access to online portals. Publish the procurement plan and advertise the call for tenders In all economies measured, open calls for ten- To promote transparency and help bidders ders are advertised on at least one channel, but identify upcoming tendering that might inter- publishing the plan is mandated in only 38 of the est them and grant them more time to prepare 77 economies (figure 2.2). In a few economies, a viable offer, procuring entities should be re- the transition to electronic communication sup- quired to publish their procurement plan. port has started but not been completed. In Mozambique and Sierra Leone users can click More important, widely advertising the call on a link to access tender notices, but no details for tenders is essential to attract a maximum are published on the corresponding page. number of offers and guarantee private sector suppliers’ access to tendering opportunities. Include key elements in the tender In its Methodology for Assessing Procurement notice and tender documents Systems (MAPS) the OECD promotes the publi- To make an informed decision on whether cation of open tenders “in at least a newspaper to respond to a call for tender, a company of wide national circulation or on a unique of- needs an easy access to the requirements to ficial Internet site, where all public procure- meet and to the criteria the procuring entity ment opportunities are posted that is easily will use to assess bids. Both elements should accessible.” 22 be included either in the tender notice or in the tender documents. When they are acces- Channeling information to private companies sible only in tender documents, they should be on the Web is generally a good practice. But freely accessible. in countries where internet access can pose a challenge for users, especially SMEs and other According to the OECD’s MAPS the “content of bidders with few resources, governments may publication” should include “sufficient informa- allow for a transition period so that the tender- tion to enable potential bidders to determine ing information and materials remain accessible their ability and interest in bidding.”23 Does the through traditional communication channels. law provide for minimum content of the tender notice and tender documents? Do the tender With online procurement platforms the legal notice and tender documents feature technical framework in many economies has been and financial requirements and criteria for as- revised to require only online publication. sessing bids? 20 | Benchmarking Public Procurement 2016 Figure 2.2 The internet is the most common channel used for the publication of the procurement plan and tender notices (when required) Online 86% 3XEOLFDWLRQ 2ɝFLDOJD]HWWH support of the 32% SURFXUHPHQW MRXUQDORUSXEOLFDWLRQ SODQLQ HFRQRPLHVZKHUH 1DWLRQDOORFDOQHZVSDSHU 14% SXEOLFDWLRQLV required Government premises 11% Online 92% 1DWLRQDOORFDOQHZVSDSHU 53% 3XEOLFDWLRQ support of tender QRWLFHVLQ 2ɝFLDOJD]HWWH 48% HFRQRPLHVZKHUH MRXUQDORUSXEOLFDWLRQ SXEOLFDWLRQLV required Government premises 29% 7HOHYLVLRQUDGLREURDGFDVW 3% At one end of the spectrum is Mauritius, where A closer look at the data also shows that sim- the regulatory framework does not mandate ply because key information is accessible on mentioning specific elements, either in the ten- the same channel in two countries, it does not der notice or in the tender documents. At the mean that this information held on this chan- other end is Burundi, where the law provides nel is equally accessible in those countries. a list of elements required for both the tender notice and tender documents, and where both For instance, neither in Bolivia nor in Lebanon must include the technical and financial re- does the law provide that the requirements quirements that bidders have to meet and the and assessment criteria be included in the ten- criteria for assessing bids. der notice. In both countries a company has to 2. The procurement life cycle | 21 read tender documents to obtain this informa- For a small company several elements come tion. But in Bolivia a company could download into play between the moment a call for tender these documents from the electronic platform is advertised and the moment it submits a bid for free in a few minutes, and without delay, in response to the call. Before anything else the following the call for tender. In Lebanon, where company will have to decide whether to partici- tender documents can be obtained only in pate in the tendering. If it decides to do so, it hard copies, a company has to go physically to will have to properly prepare and submit its bid the premises of the procuring entity and pay a in addition to complying with the timeframe fee to obtain the tender documents. If a com- and specifications that the procuring entity pany and the procuring entity are in different imposes. locations, obtaining the documents could be time-consuming and costly. The regulatory framework can substantially ease the tasks for prospective bidders. For in- Submitting bids stance, making it mandatory for the entity to address bidders’ questions on technical speci- If you live in Moscow, in the Russian Federation, fications in a timely fashion guarantees bet- there’s a reasonable chance you could get stuck ter access to information. Ensuring that the in an elevator at some point. The City of Moscow answers that are not specific to one bidder are has twice as many elevators as New York, many of shared with all bidders levels the playing field which have exceeded their lifespans. Moscow even and conveys the notion that they are treated has a fleet of well-trained elevator rescuers, who fairly and equally. By the same token, requir- work night and day. Recently, the Government of ing that tender documents be distributed for Moscow launched a program to renew the old- free or at a regulated price prevents excessive est elevators of official buildings. It was about to transaction costs that could deter participation. initiate a call for tender, following an open and competitive procedure. The regulatory framework can also prevent unnecessary hurdles for prospective bidders An experienced elevator supplier was interested when it comes to bid submission. In countries in responding to the call for tender and to be in where accessing the internet is not challeng- business with a city with so many elevators. The ing, the ability to submit a bid online facilitates company was looking for clarity in regards to the the process for bidders. Imposing a maximum process of submitting a bid for this particular amount of bid security that the procuring entity procurement. Would it be able to submit a bid can request from bidders also helps prevent electronically? How much time would it have to excessive costs and deterring participation. Al- prepare and submit the bid? Would it have to post locating a reasonable time to submit a bid is an bid security along with the bid? important element for bidders. 22 | Benchmarking Public Procurement 2016 Submitting bids measures the extent to which E-bidding can also be possible for just a few the regulatory framework and procedures in government agencies, as in Hong Kong SAR, practice facilitate bidders’ access to informa- China, where only one government depart- tion while preparing their bids and ease the bid ment can receive bids online. Restrictions can submission process (figure 2.3). 24 also apply to bidders. In the United States a company has to go through an authorization Electronic submission of bids process to bid online. As a result, e-bidding Using electronic means to conduct public pro- mandated at the national level and across all curement is widely perceived as a step toward procuring entities remains the exception for procurement efficiency. It increases access to open calls for tender. tendering opportunities, eases complying with procedures and reduces transaction costs for In addition to online submissions, sending a bidding firms. The submission of bids through bid by email is another efficient option to re- an electronic portal is only one of the options duce transaction costs for bidders. While less available on an online portal. For bidders, common than submission on a procurement submitting a bid online offers a safer option platform or another website, it is allowed in 17 for delivering proposals efficiently. The 2014 economies, as in New Zealand and Singapore European Union procurement directive25 pro- (figure 2.4). vides that, by the end of 2018 “fully electronic communication, meaning communication by Minimum time to submit bids electronic means at all stages of the procedure, Granting suppliers enough time to prepare and including the transmission of requests for par- submit their bids can ensure fairness, espe- ticipation and, in particular, the transmission of cially for SMEs as preparing a bid can require the tenders (electronic submission), should be hiring consultants, preparing plans, producing made mandatory.” 26 samples and performing other time-consuming tasks. If the timeframe to do so is too short, Except for a few countries like Chile and the Re- smaller companies have less chance to meet the public of Korea, where electronic submission of deadline and submit a solid proposal. But for ef- bids has become the rule, e-bidding is possible ficiency the timeframe should not be excessive only in limited circumstances in most econo- either (figure 2.5). Policy makers thus have to mies measured. In Turkey e-bidding is avail- strike the right balance between fairness and able only for pharmaceutical products and in efficiency in determining the bidding timeframe, the case of framework agreements. In Morocco taking the reliability of the postal system into ac- the procuring entity can decide to receive bids count versus online platform and email. through the portal but is not required to do so. In Poland the ability to submit a bid online is The 2014 European Union directive on public contingent on the procuring entity’s approval. procurement shows that a longer timeframe to 2. The procurement life cycle | 23 Figure 2.3 Submitting bids Preparing bids Submitting Evaluating bids Awarding and bids executing the contract Ɣ Electronic submission of bids Ɣ Minimum time granted to submit bids Ɣ Bid security, when required, is regulated Figure 2.4 Bids can be submitted online or by email in 47 economies Option to submit bids on an Option to submit Both options electronic bids via email in possible in procurement 16 economies 11 economies platform or another website in 31 economies Note: No option was available for 30 economies. submit a bid is not necessarily better. Indeed, Only in Algeria, Bahrain, Colombia and Jordan the directive lowered the minimum time for does the law not provide a minimum timeframe suppliers to submit a bid for above threshold for submitting a bid. A supplier has at least 90 procurement from 52 days (as in the previous days to submit a bid in Jamaica, but only 7 in directive) to 35. Thailand. 24 | Benchmarking Public Procurement 2016 Figure 2.5 The gap is 83 days between the longest and shortest timeframes allocated to submit bids for open tendering Jamaica 90 Poland 52 Italy 52 France 52 Brazil 45 Egypt, Arab Rep. 10 Thailand 7 Korea, Rep. 7 Indonesia 7 Vietnam 7 0 20 40 60 80 100 Days Bid security, when required, is regulated A procuring entity could fix a high amount of Bid security is an efficient instrument for pro- bid security to prevent some suppliers from curing entities to ensure that they receive only submitting a bid and grant better chances to serious offers, which bidders will maintain a favored candidate. To avoid such abuse the until the selection is made. On the amount law can fix a maximum amount, based on the of bid security, there is no internationally ac- value of the bid or the contract, that procuring cepted good practice. The amount should be entities are entitled to request from suppliers. substantial enough that it deters suppliers While the maximum can vary according to the from submitting frivolous offers. But when the risk in a specific tender, imposing a maximum amount of the bid security is too high, it can limits the discretion of the procuring entity, and deter potential bidders. Since the amount of bidders can better anticipate the amount they bid security adds to the cost of submitting a will have to deposit as bid security. The law can bid, expensive bid security can deter SMEs and also provide a list of acceptable forms of bid other bidders with limited resources. Procuring security and mandate that bidders, not procur- entities may thus strike a balance in determin- ing entities, can choose the form that best suits ing what’s appropriate. them. 2. The procurement life cycle | 25 Of the economies that regulate bid security Evaluating bids only a small number specify only the minimum amount that procuring entities can ask for, as Flying in and out of traffic, Boda-boda taxis, in Kam- in Jordan, Nepal and Turkey (figure 2.6). The pala, Uganda, create a challenge for pedestrians approach clearly favors the procuring entity, and other drivers. But they are the fastest solution to which is merely bound by a minimum amount get around the city and avoid traffic jams. Kampala as bid security but otherwise retains full dis- City has decided to address the road congestion that cretion. For other economies the value of the affects the city on a daily basis. Because building a procurement contract or the bidder’s proposal new road infrastructure is extremely costly and time- is used as a reference to determine the maxi- consuming, the Kampala Capital City Authority de- mum that procuring entities can request. In cided to purchase a large number of street and traf- Bahrain a company would be required to post fic signs and made a call for tender for a contract. bid security amounting, at a maximum, to 1% of its bid or the estimated contract price. But in Six bids were received, including one from a sup- the United States for contracts above $150,000, plier specializing in the production of signs such the bid security is 100% of the estimated value as stop, yield, speed limit, no parking, school zone of the contract.27 Such variation would makes and street name signs. With the capacity to design a big difference in a company’s decision to re- and produce on demand, that supplier believed it spond to the call for tender. was in a good position to win the tender. Figure 2.6 The bid security in the 66 economies where imposed can range between 0.5% and 100% of contract value, or be left to the discretion of the procuring entity 30 25 Number of economies 20 15 10 5 0 Bid security Maximum Maximum Maximum Maximum is not amount of amount of amount of amount of requested bid security bid security bid security bid security is between is between is more is not 0.5% and 2% 2% and 5% than 5% of regulated of the bid of the bid the bid price price price 26 | Benchmarking Public Procurement 2016 The supplier wanted to make sure that its bid bid opening sessions and whether any aspects would be taken into consideration by the Kam- of it will be recorded. pala Capital City Authority. Would its bid, along with all others, be opened immediately once the Evaluating bids looks at whether the bid evalua- bid submission deadline is reached? Would the tion is open, transparent and fair to guarantee company be allowed to attend the bid opening bidders that the process follows the best stan- session? Would the bid opening session be record- dards of transparency (figure 2.7).28 ed? Would the procurement officials in charge of drafting the technical specifications be part of the Timeframe to proceed with the bid evaluation committee? bid opening The legal framework in half the economies sur- The bid opening session should be transparent veyed requires the bid opening session imme- and the bid evaluation should follow the tech- diately after the closing of the bid submission nical specifications and other award criteria period—or indicates the timeframe for the bid detailed in the tender documents. But if the opening session to take place. legal framework does not provide clear enough guidance, or if the procuring entity is not trans- In Bolivia a company can refer to the mandato- parent enough about how bids are evaluated, ry timeline determined by the procuring entity suppliers can perceive the evaluation phase as for each procurement, which states the date, a subjective decision to select the supplier it time and place for the bid opening session. In prefers to do business with. If this perception Spain it knows the exact date, time and place is allowed to persist, suppliers may lose faith in of the bid opening session, but that can be up the system’s integrity, feeling that the process to 30 calendar days after the closing of the bid is rigged against them and they may ultimately submission period. In Malaysia this company opt out of the procurement market. finds no direction for the date, time and place in the regulatory framework, only that the bid Several good practices help procuring entities opening be done expeditiously after the closing avoid the perception that their bid evaluation date. In Australia, Jamaica, Namibia or Sweden process is anything other than fair. The legal the legal framework is vague and guarantees framework should set forth clear procedures to only that the session take place as soon as pos- follow as soon as bids are submitted. The pro- sible or practicable. cess should include scheduling the bid opening session immediately after the bid submission In Afghanistan, Cameroon and Morocco a deadline is reached or, at least, specifying an company has in practice no guarantee that the exact timing for bids to be opened. The regula- procuring entity will comply with the law and tions should describe the bid opening process, respect the time imposed to proceed with the such as specifying which parties can attend the bid opening. 2. The procurement life cycle | 27 Figure 2.7 Evaluating bids Preparing bids Submitting Evaluating bids Awarding and bids executing the contract Ɣ Timeframe to proceed with the bid opening Ɣ Who attends the bid opening Ɣ 3URFXUHPHQWRɝFLDOSDUWLFLSDWLRQLQWKHELGHYDOXDWLRQ Who attends the bid opening information about the session. Note that the To ensure the transparency of the competitive regulatory framework there allows for procure- bidding system, all bidders or their representa- ment outside the information system. In such tives should be able to attend the bid opening cases a company could attend the bid opening session. in person. A vast majority of the surveyed economies In Canada, Hong Kong SAR, China, Ireland, Leb- allow the presence of bidders and their repre- anon and Malaysia the regulatory framework sentatives at the bid opening and about 35 of is silent on who can attend the bid opening those are open to the public. In cases where session. procurement is conducted electronically, as in Chile, the Republic of Korea, the Netherlands Procurement official participation in the and Taiwan, China the electronic bid opening bid evaluation can be conducted without the bidders. But in Once the bid evaluation is under way the bid- these instances, bidders can be notified elec- der will want to know whether the best person tronically of the opening of their bids. In the possible has been appointed to evaluate bids. Netherlands a company would systematically It knows that in some economies, public of- receive an automatic electronic notification ficials involved in the initial stages of the pro- when its bid is open. In Taiwan, China, how- curement cannot take part in the evaluation. ever, the notification is not automatic. In Chile the bid opening is conducted automatically, To guarantee the efficiency of the bid evalua- through the information system, on the day tion, the procurement official conducting the and time established in the notice of invitation needs assessment and drafting the technical to tender and in the tender documents. The specifications should not be prevented from information system provides the bidders with participating in the bid evaluation. Indeed, if 28 | Benchmarking Public Procurement 2016 procuring officials are prevented from par- tender and that the terms of payment were ticipating in any procurement, there is a real clear. danger of excluding the most qualified officials from the bid evaluation. There are also benefits The company had several questions. Is there a from having an integrated evaluation team. standstill period for losing bidders to challenge the contract award? How fast could the company In Burundi and The Gambia bidders find that expect to be paid once the books are delivered? the law prohibits the participation of public of- Could it charge a penalty for late payments? ficials involved in the initial stages of the pro- curement. In Italy bidders would be confronted Once the bidder that best satisfies the techni- with a situation where public officials involved cal specifications and award criteria is identi- in assessing needs and drafting the technical fied, the contract has to be awarded promptly specifications are excluded from the bid evalu- and transparently. The legal framework should ation, but the president of the bid evaluation require that a contract award be published, as commission is the only person authorized to stated in Article 23 of UNCITRAL Model Law on participate in both steps of the process. There- Public Procurement. In addition, losing bidders fore, in Italy the person preparing the procure- should be informed of the award and given an ment is the final decision maker. opportunity to learn why they did not win. Awarding and executing Awarding the contract is the end of the formal contracts procurement process but the contract must still be managed and the supplier must be paid The firefighters worked all night long but couldn’t in return for its performance. Many procure- stop the fire that destroyed half the books of War- ment systems do not cover this phase of the saw’s largest public library. A wide range of differ- procurement life cycle. Indeed, even interna- ent collections were lost but, luckily, no historical tionally accepted procurement models—such books were destroyed. Due to the importance of as the World Trade Organization’s Revised books to the community, the City of Warsaw made Agreement on Government Procurement and it a priority to replace all that were destroyed. It the UNCITRAL Model Law on Public Procure- also decided to take the opportunity to expand the ment—do not provide guidance or good prac- library’s collection by purchasing a wide variety of tices for contract management. additional books, novels and encyclopedias. To build and maintain a reputation as a The City of Warsaw awarded the contract to a trustworthy and efficient business partner, company following an open call for tenders. To which can increase competition in later pro- schedule the delivery of the books, the company curements, the purchasing entity has to pay wanted to make sure that it officially won the promptly when payment is due in return for 2. The procurement life cycle | 29 adequate performance. The legal framework Standstill period for bidders to challenge should specify a timeframe for making pay- the award ments and provide additional compensation A standstill period—between announcing a when the procuring entity fails to pay on time. potential awardee and signing the contract— Indeed, delays in payment can have severe ensures that bidders have enough time to ex- consequences for private sector suppliers, par- amine the award and decide whether to initiate ticularly SMEs, which typically do not have large a review procedure. This is particularly impor- cash flows. tant in economies where an annulment of the contract is not possible,30 or when a complaint Awarding and executing contracts assesses does not trigger a suspension of the procure- whether, once the best bid has been identified, ment process. the contract is awarded transparently and the losing bidders are informed of the procuring In accord with UNCITRAL the period should be entity’s decision (figure 2.8).29 Before the con- long enough to file any challenge to the proceed- tract is executed, a standstill period should be ings, but not so short as to interfere unduly with granted to the losing bidders. Furthermore, the procurement.31 A minimum of 10 days is a once the execution of the contract is taking recognized standstill period, as reflected in judg- place, the procuring entity should be encour- ments by the European Union Court of Justice,32 aged to manage the payment process through and the WTO’s Government Procurement Agree- an online system, offering the possibility for ment. The standstill period and the time limits supplier to sign the contract and request pay- for the review body should be synchronized.33 ments online. It should also comply with clear regulations when it comes to paying the sup- More than half the economies do not provide plier on time—and if not, with penalties. for a standstill period or support a shorter Figure 2.8 Awarding and executing contracts Submitting Evaluating bids Awarding and bids executing the contract Ɣ Standstill period for bidders to challenge the award Ɣ Regulatory timeframe to process payment Ɣ Penalties in case of delayed payment 30 | Benchmarking Public Procurement 2016 time for filing a complaint (table 2.1). A com- or documenting performance, as per the law.34 pany would see 7 days in Brazil, 4 in Jordan, 8 But in 28 surveyed economies can a supplier in Mexico and 7 in Nepal. In some economies expect to receive payment within 30 days (map such as the United States no standstill is need- 2.1). In the rest of the surveyed economies, ed because unlawfully awarded contracts can delays of more than 30 days are common in be terminated. practice. In half of these economies, suppliers have to wait longer than 60 calendar days for Regulatory timeframe to process payment. In Argentina, the Arab Republic of payment Egypt, Guatemala, Italy and Tunisia delays are A company has fulfilled its contractual obliga- due in part to budgetary constraints in the pro- tions and submitted a request for payment curing entity. to the procuring entity. It is now waiting to be paid for services rendered. It knows that an ef- In some economies procuring entities are not ficient public procurement system processes requested to respect a particular deadline to payments to suppliers within a limited number pay their suppliers, unless payment terms are of calendar days once a request for payment is specified in the procurement contract. In Boliv- submitted. ia, Colombia, Ecuador, The Gambia, Honduras, Mozambique, Mauritius, Nepal, Serbia, Turkey In Poland, in compliance with the 2014 Euro- and Vietnam a company could find the pay- pean Union directive on public procurement, ment schedule and forms in the contract. But the company is guaranteed payment within 30 in some economies, payment processing takes days of the date of issuing certificates of works more than 30 days. The two most prominent Table 2.1 Economies with no standstill period to economies that guarantee more than 10bdays, a recognized good practice No standstill period 1 to 9 days 10 days or more Bahrain Cameroon Afghanistan Canada Haiti Austria Colombia Indonesia Bosnia and Herzegovina Egypt, Arab Rep. Jordan Côte d’Ivoire Lebanon Mauritius Italy Moldova Morocco Peru Sierra Leone Mozambique Romania Nicaragua Senegal Tunisia United Kingdom 2. The procurement life cycle | 31 Map 2.1 Time needed in practice to receive payment takes longer than 60 days in 19 economies Russian Federation Sweden Canada Netherlands Ireland Poland Hungary Ukraine Austria Moldova France Romania Bosnia and Herzegovina Bulgaria United States Spain Italy Rep. of Turkey Korea Serbia Tunisia Lebanon Afghanistan Morocco Jordan Bahrain Nepal Algeria Egypt, Arab Rep. Taiwan, China Haiti Myanmar Hong Kong SAR, China Mexico Honduras Jamaica Vietnam Guatemala Senegal Philippines Nicaragua GhanaNigeria Sierra Leone Colombia Liberia Cameroon Malaysia CôteTogo Uganda Singapore d’Ivoire Ecuador Dem. Rep. of Congo Burundi Tanzania Indonesia Peru Brazil Zambia Bolivia Namibia Mauritius South Australia Africa Uruguay Chile Argentina 0 – 30 days 31 – 60 days New > 60 days Zealand No data reasons are the length of administrative proce- In a third of economies surveyed a company dures and budgetary constraints. In Senegal a has to ask for the inclusion of payment terms company receives payment within 45 days of in the contract. Their procurement systems do submitting its request.35 In 19 countries pay- not stipulate a payment timeline and do not ment can be received after 60 calendar days: require that payment terms be in the contract. But in Kenya the procuring entity has to pro- • Bahrain • Serbia cess the payment in 30 days if the said compa- • Bolivia • Spain ny were owned by youths, women or persons • Cameroon • Tanzania with disabilities.36 • Côte d’Ivoire • Togo • Guatemala • Tunisia Penalties in case of delayed payments • Italy • Uruguay Many economies do not mandate procuring • Jamaica • Vietnam entities to pay penalties to suppliers in cases of • Morocco late payment (table 2.2). A company is entitled • Namibia to receive penalties if the procuring entity fails • Nigeria to pay on time in two-thirds of the economies • Philippines surveyed. In Canada it automatically receives • Romania interest when an account is overdue.37 But in 32 | Benchmarking Public Procurement 2016 Guatemala it has to submit a request for the pro- Central Asia and in Latin America and the Ca- curing entity to recognize the accrued interest.38 ribbean. In Mexico a supplier would probably see, as part of the procurement contract, provi- Even in economies where penalties are legally sions for penalties if payment is delayed. Even granted to suppliers, half do not follow their so, the entitled suppliers rarely request such laws in practice, including many in Europe and penalties. Table 2.2 A large number of economies do not mandate procuring entities to pay penalties to suppliers in case of delays in payment Latin America and East Asia and Pacific Europe and Central Asia the Caribbean Hong Kong SAR, China Azerbaijan Argentina Philippines Bulgaria Guatemala Vietnam Kyrgyz Republic Haiti Serbia Jamaica South Asia Mexico Nepal Sub-Saharan Africa Uruguay Burundi OECD high income Cameroon Middle East and North Africa Australia Gambia, The Algeria Hungary Mozambique Egypt, Arab Rep. Ireland Nigeria Jordan Korea, Rep. Sierra Leone Lebanon South Africa Morocco 2. The procurement life cycle | 33 3. Complaint and reporting mechanisms Establishing a good complaint mechanism has in policy and decision making, establishing become a key element of any procurement reform good complaint mechanisms is a crucial part of agenda. A few decades ago, resolving disputes the reform agenda. Such mechanisms can en- between suppliers and the government was com- sure transparency and accountability in public plicated in many procurement systems. Perhaps procurement. Having set rules, defined time the lack of technical expertise to establish an in- limits and remedial actions when processes fail dependent review body was to blame. Perhaps the strengthens credibility and confidence in the judiciary was weak or the legal system simply did system. not contemplate mechanisms for procurement complaints. Firms would not go to court to resolve One of the main objectives of these mecha- disputes with the state because the judicial system nisms is to enforce public procurement laws so would not render a decision in a timely manner, that the authorities can correct mistakes and and therefore firms would not do business with noncompliance.39 The system should provide the government since it was too risky or they could “timely access, independent review, efficient not afford the delays. and timely resolution of complaints and ad- equate remedies.”40 The past decades have seen an intensive set of procurement reforms throughout the world. For Suppliers “have a natural interest in monitor- instance, in Poland the public procurement reform ing compliance by procuring entities.”41 So do of 1995 introduced an appeals mechanism, which contracting authorities, since they can correct has since been strengthened, increasing the num- mistakes and solve disputes in a less costly and ber of appeals exponentially throughout the years. more flexible way. Channels to report irregu- In Kenya a 2011 reform created the Public Procure- larities, misconduct and conflicts of interest ment Complaints Review and Appeal Board, later can increase the fairness of procurement by merged with the Administrative Review Board, to adding credibility and legitimacy to decisions, deal with complaints about procurement decisions. thus strengthening citizen trust in government This also opened the possibility for bidders to moni- and public spending. tor the procedures of the actual procuring entities and to subsequently file a complaint, thus creating Trust in the procurement system will encour- more transparency in the procurement system. age more bidders to compete for public con- tracts.42 This can enable the government to ac- With companies and citizens demanding more quire goods and services at more competitive transparency, accountability and participation prices. The added competition also reduces 34 | Benchmarking Public Procurement 2016 the risk of collusion, particularly important in In some countries the review mechanisms and smaller markets with few suppliers. procedures relate exclusively to procurement. In others disputes are covered by general The resolution of complaints should be timely mechanisms and procedures for the review of and efficient, since long timeframes can in- any administrative act. crease the costs for both governments and suppliers. Unduly long reviews with unclear or This section on complaint and reporting mech- complicated procedures could also deter po- anisms compares 77 economies in relation to tential bidders, particularly SMEs, which cannot global good practices in three areas: afford the cost of protesting an award. • Availability of complaint and reporting Depending on who is complaining and the mechanisms. stage of filing the complaint, the issues raised • First-tier review process. may vary. A potential bidder might argue that • Second-tier review process. it was not notified about amendments to the technical specifications. Or it could see a flaw in Availability of complaint and the contract award and choose to challenge the reporting mechanisms decision. The way complaints are resolved also differs, depending on the design of the review In busy downtown Amman, Jordan, it is almost and remedy mechanism. impossible to find a public phone that works. To address this problem, the Greater Municipality of The multiple purposes of any complaint Amman decided to purchase a large number of mechanism system may inevitably conflict.43 mobile charging stations and advertised a call for Some seek to preserve good governance and tenders. One supplier, which had supplied mobile due process, which can be costly and lengthy. charging stations in other countries in the region, Others lean toward fostering efficiency by lim- prepared its bid. A clarification meeting was held iting the procurement delays and disruptions. with the procuring agency and the potential bidders, Complaint mechanisms that are appropriate to during which the legal representative of the supplier each national procurement system can better noticed that one of the members of the evaluation serve the interests of all stakeholders, particu- committee, Mr. Kamal, is the brother-in-law of the larly private suppliers. principal shareholder of a competing company. 3. Complaint and reporting mechanisms | 35 The supplier believed that if Mr. Kamal were to Suppliers may doubt the integrity of procure- remain a member of the evaluation committee, ments if they believe that procurement of- there would be a conflict of interest. It decided ficials have a conflict of interest. Procurement to file a complaint to report the conflict. While officials should also be able to report cases of preparing the submission of its challenge, several misconduct, such as fraud or corruption. questions came to mind. Where can it find infor- mation on mechanisms dealing with complaints? Availability of complaint and reporting mecha- Is such information freely accessible? Does the law nisms assesses whether potential suppliers mandate that Mr. Kamal disclose the conflict of have sufficient means to raise a problem to a interest and recuse himself from the process? relevant review body (figure 3.1). It also mea- sures whether they have access to sufficient Having all documents and procedures available information to evaluate the opportunity to file on a government-supported website reduces a complaint. And it evaluates whether they can transaction costs. To enhance transparency, choose the forum that will decide on its com- parties should know what to include in their plaint. It also assesses whether suppliers have complaint and where to submit it. With differ- the means to disclose situations where they ent options available, a company can decide believe procurement officials cannot make an where to submit its challenge for a more effi- unbiased decision—and, if so, the safeguards cient review, with decisions rendered at a lower available. cost and at a faster pace. Figure 3.1 Availability of complaint and reporting mechanisms &KRLFHIRUDFRPSODLQLQJSDUW\RQWKHDXWKRULW\IRUȴOLQJLWV complaint 3URYLVLRQVRQFRQȵLFWRILQWHUHVWZKHUHSURFXUHPHQWRɝFLDOVFRXOG EH LQYROYHG UHTXLULQJ WKH SURFXUHPHQW RɝFLDO ZLWK D FRQȵLFW RI LQWHUHVWWREHVXVSHQGHGUHPRYHGH[FXVHGRUGLVTXDOLȴHG 5HJXODWRU\IUDPHZRUNSURWHFWLQJUHSRUWLQJRɝFLDOVIURPUHWDOLDWLRQ Note: The thematic coverage of the subindicator is broader than is presented here, and additional data points are avail- able on the Benchmarking Public Procurement website (http://bpp.worldbank.org). 36 | Benchmarking Public Procurement 2016 Options for a complaining party to interest. This prevents officials from potentially choose the authority for filing its influencing the process, and furthers the per- complaint ception of an independent procuring entity. The complaining party should have some choice on the review forum, especially if the If a company were in Azerbaijan, the Democrat- review is by the procuring entity. If a company ic Republic of Congo, Indonesia, Singapore or feels its complaint will not be properly ad- Tanzania, nothing in the laws and regulations dressed by the contracting authority, it can file prevents Mr. Kamal from staying involved on with another entity that will conduct the review. the bid evaluation committee. Few economies offer a choice, and in most, the In countries where the public procurement sys- complaining party has to file before the procur- tem addresses situations of conflict of interest, a ing entity. In Poland a company should file with formal investigation may be launched to substan- the National Appeals Chamber, and in Ireland tiate a report of conflict of interest. But in some and the United Kingdom, with the High Court. of these countries the public official is not prohib- ited from participating. In Turkey, following the Even though the complaining party does have a report of a conflict of interest, the public official choice in some economies, it can still file it with is asked to provide a written defense within 10 the procuring entity. In Ukraine complaints days, and the relevant board should resolve the are normally filed with the Complaint Review/ matter within three months.44 In Ukraine the im- Antimonopoly Committee, but a company may mediate supervisor or chief executive of a public file with the procuring entity. In the United authority decides and notifies the subordinate States there are three fora available to file a within two business days of receiving the notice.45 complaint: the procuring agency directly, the Government Accountability Office at the fed- Reporting officials should be protected eral level (the most widely used) and the Court A crucial aspect of a functioning reporting sys- of Federal Claims. tem is protecting procurement officials who re- port misconduct. When there are no sanctions Procurement officials should not against others who may retaliate or options for participate in the procurement if a protecting a reporting official’s identity, whis- conflict of interest arises tleblowers have no incentive to come forward, To safeguard the integrity of the procurement so accountability suffers. process, Mr. Kamal should recuse himself from participating in the evaluation of proposals. Of the countries that provide the means to Indeed, procurement officials must be im- report, Chile, Malaysia, Mongolia, Nigeria and mediately excluded from participating in the Peru require whistleblowers to provide their ID procurement as soon as they have a conflict of number.46 3. Complaint and reporting mechanisms | 37 Most countries protect reporting procurement entity should it approach first? Would its complaint officials in some way and only 11 provide no trigger a suspension of the procurement process? protection.47 In some economies, reporting of- How long would it take to obtain a decision? ficials cannot be fired due to a disclosure (as in Australia), be evaluated by a denounced The first-tier review body can be the contracting superior official (as in Chile) or be refused a authority, an administrative entity or a court.49 promotion or receive salary cuts in connection Most countries give the procuring entity the with their disclosure (as in Ukraine). 48 first chance to review a complaint and to fix the problem if possible. A procuring agency can Of the economies measured, 15 provide spe- conduct the review swiftly and at less expense, cific sanctions for retaliation against reporting but its decision may lack independence and im- procurement officials. partiality. The choice of the review body should be tied to who may file a complaint, whether First-tier review process the complaint triggers a suspension, what type of remedy is provided and at what speed the Sofia, the capital of Bulgaria, needed to renew first-tier review renders its decision. its bus fleet. To reduce pollution and fuel costs, it decided to get buses with two motors, one diesel Suspending a procurement allows time to re- and one electric. The Municipality of Sofia called view a complaint and provide a remedy. A stay for bids and published the tender documents. needs a defined duration, but it should not be so short that it precludes responding to a A company interested in submitting a bid re- complaint (such as three days) or so long that viewed the documents and noticed that the tech- it hinders the procurement (such as more than nical specifications on the brand and color of the 100 days). Some economies allow some flexibil- buses favor one of its competitors. It is clearly dis- ity in the time limits based on the complexities advantaged as it can supply buses that meet the of the complaint. For instance, a court usually technical specification to have two motors. After requires more time than a procuring entity to enquiring a little bit, the company discovered that render a decision. the competitor hired some consultants that were previously hired by the Municipality of Sofia to Rules of legal standing to file a complaint usu- help assess its needs, hence suspecting a possible ally differ depending on the type of remedy situation of conflict of interest. sought, on the review body and on the stage in the procurement process when the complaint Since this contract is a big business opportunity for is filed.50 Before the award, standing should not the company, it decided to file a complaint chal- be limited to suppliers submitting a bid—but lenging the published specifications. How should be open to potential bidders if they can prove the company initiate the complaint process? Which that they have an interest in the tender or 38 | Benchmarking Public Procurement 2016 contract. After the award, only bidders should review body (figure 3.2). As the analysis showed, be allowed to challenge, otherwise the procure- all surveyed economies have at least a first-tier ment process could become more vulnerable review mechanism in place. to frivolous complaints. Suspending the procurement in case of And if complaints trigger a suspension, award- a complaint: who has standing and the ing a contract could become a long and inef- duration of stay ficient process. Limiting standing in countries An automatic suspension during the process that allow suspensions during the post-award can disrupt the procurement system, so the phase is particularly important, especially mere filing of a complaint should not automati- where bidders might try to obstruct procure- cally trigger a suspension. Instead, the regula- ment procedures or to force competitors out tory framework should prevent individuals of the running. Court fees and deposits or pen- from using complaints to delay procedures. An alties can prevent such frivolous complaints.51 automatic suspension should be linked to who has standing to file a complaint—and how long To avoid added transaction costs, a complain- the suspension can last. ing party should not have to show proof that it is eligible to file a complaint. Nor should it have In Botswana, Ecuador, Hungary, Mongolia, Ser- to notify the procuring entity of its complaint if bia, Togo and Uruguay a company would see that entity is not the first-tier review body. that any person can file a complaint and thus trigger a suspension. But in Kenya, the Kyrgyz First-tier review process explores who has stand- Republic, Peru, Tanzania and Zambia a com- ing to file a complaint, the methods available to pany would see that automatic suspensions do so and the overall procedure for a complain- exist but that only those who submitted a bid ing party to obtain a decision from the first-tier can file a complaint. Figure 3.2 First-tier review process $FWRUVZKRKDYHVWDQGLQJWRȴOHDFRPSODLQW EHIRUHDQGDIWHU FRQWUDFWDZDUG DQGVXVSHQVLRQRIWKHSURFXUHPHQWSURFHVV 7LPHIRUUHYLHZERG\WRUHQGHUDGHFLVLRQ Note: The thematic coverage of the subindicator is broader than is presented here, and additional data points are avail- able on the Benchmarking Public Procurement website (http://bpp.worldbank.org). 3. Complaint and reporting mechanisms | 39 In most economies a suspension is possible between the legal timeframe and the actual through an interim injunction only if the review practice. The time limit varies across the econo- body deems it necessary (figure 3.3). The review mies measured, and 12 do not have a set time body may determine that urgent and compel- limit: ling reasons exist for making the award, or that • Australia it is in the best interest of the government to • Hong Kong SAR, China proceed with the procurement process and • Ireland grant the award before resolving the protest. • Jordan • Lebanon Time limit for the review body to render • Myanmar a decision • Namibia Once a complaint is submitted a time limit • Netherlands should be set in the law so that a complaining • New Zealand party can know when it will obtain a response. • Sweden A company will notice that once it files its com- • Thailand plaint, the time to render a decision might vary • United Kingdom Figure 3.3 In 27 of the economies measured, filing a complaint triggers an automatic suspensionbof the tendering process South Asia 0 (DVW$VLDDQG3DFLȴF 1 Middle East and North Africa 1 OECD high income 4 Latin America and the Caribbean 4 Europe and Central Asia 5 Sub-Saharan Africa 12 Global total 27 0 5 10 15 20 25 30 Number of economies 40 | Benchmarking Public Procurement 2016 Although the law is silent in Australia, the A short time limit does not permit a meaningful Netherlands, New Zealand, Sweden and the review, yet a long period could be disruptive. United Kingdom, a company can expect a deci- In the high-income OECD economies just men- sion within 30 days, or a maximum of 90 days tioned, the law does not provide a timeframe, (figure 3.4). Other economies do have legal but a complaining party can be confident that provisions, but it may take several months it will obtain a resolution in a timely manner. A or years to obtain a decision, as in Chile and company would find that difficult in Lebanon, Mexico. however, where the law is silent and a decision Figure 3.4 Even in economies where the law explicitly sets a time limit for the first-tier review body to render a decision, it may take months or years to obtain a decision Number of days 0 100 200 300 400 500 600 700 800 9 Afghanistan 15 Legal time limit Time in practice Australia 30 7 Brazil 14 60 Chile 365 75 Italy 135 Lebanon 720 21 Mexico 90 Netherlands 64 New Zealand 20 10 Russian Federation 12 Sweden 75 United Kingdom 60 100 United States 100 Note: In Australia, Lebanon, the Netherlands, New Zealand, Sweden and the United Kingdom no time limit is set in the law. 3. Complaint and reporting mechanisms | 41 can take up to two years. In Myanmar it knows Would it be worthwhile to file an appeal? Would that there is no legal provision specifying a time the decision be published and available to the limit for the first-tier review body to issue a de- public? cision and that getting a response depends on the procuring entity. Complaining parties should have an indepen- dent forum to appeal decisions by the first-tier Second-tier review process review body if they feel that their complaint was not appropriately addressed, particularly Recent outages in Yaoundé, Cameroon, left in- if the first review was by the procuring en- habitants without electricity for a few hours. In tity.52 In such cases those dissatisfied should Yaoundé’s main hospital, the blackout could have be able to pursue their complaint at either an seriously affected the performance of medical independent administrative forum or a court.53 equipment; the hospital’s emergency generator An independent forum might have the skills was functioning but could only last a limited num- and knowledge needed to resolve complaints ber of hours. To prevent future outages and ad- but it adds to government costs if established dress this risk, the Municipal Council of Yaoundé exclusively to hear complaints. And although purchased several solar panels. courts can ensure independence and enforce- ment, they can be expensive and time consum- The contract was awarded to a renowned compa- ing. There is no clear-cut good practice, but a ny specializing in solar power production, which second-tier review is essential. scored highest following a quality and cost evalu- ation. A competitor challenged the award, alleg- The appeal process should involve minimal ing that the winning company offered low qual- procedural steps, time and costs. To minimize ity products at a cheap price and that the solar burdens on the party making the appeal, the panels would soon have to be replaced because of second-tier review body, rather than the com- poor performance and limited durability. plaining party, should notify the procuring en- tity of the filing of an appeal. The competitor obtained a response from the procuring entity within the legal timeframe, ex- For efficiency and transparency a company plaining that the supplier’s solar panels had been should know how long the second-tier review inspected for quality. The awarded contract was body will take to render a decision. Although maintained. Still unhappy with the decision, the there is no time limit defined as a good prac- competitor found out about the possibility of tice, more than several months would signal a filing an appeal. How would the appeal process dysfunctional complaint system and a compa- differ from the initial one? Would the competitor ny probably would not appeal because of the need a lawyer and to plan for additional costs? high costs in money and time. 42 | Benchmarking Public Procurement 2016 Figure 3.5 Second-tier review process Process to appeal the decision Publication of complaint decisions by second-tier review body Note: The thematic coverage of the subindicator is broader than is presented here, and additional data points are avail- able on the Benchmarking Public Procurement website (http://bpp.worldbank.org). Second-tier review process assesses whether Cost associated with appealing the the complaining party can appeal a decision decision of the first-tier review body before a second-tier review body, and if so, the Having low (or no) costs for a complaining party cost and time needed for such process, as well is a good practice, particularly for SMEs. Of the as some characteristics of the second-tier re- economies measured 51% do not impose a view (figure 3.5). The findings are based on 71 cost for filing an appeal. The cost may be fixed of the 77 surveyed economies where a two-tier or variable depending on the value of the con- review mechanism is available. tract or the forum and appeal procedure used (figure 3.6). Figure 3.6 Costs associated with appealing procurement decisions may range from a flat/fixed rate to a variable rate depending on the value of the contract or the review body 15 1XPEHURIHFRQRPLHV 10 5 12 8 11 9 0 )ODWȴ[HG 'HSHQGV 'HSHQGVRQ 2WKHU UDWH RQWKH WKHYDOXHRI FRXUWHQWLW\ WKHFRQWUDFW SURFHGXUH 3. Complaint and reporting mechanisms | 43 Aside from attorney fees, the complaining party the second-tier review body (figure 3.7). A com- does not incur a cost for appealing the first-tier pany would find that the most frequently used review body’s decision in Australia, Brazil, Chile, channels of publication are online, through the France, Mexico, the Netherlands, Sweden, the websites of procuring agencies and the rel- Republic of Korea or the United States. 54 By evant courts. In Brazil, Honduras and Peru de- contrast in Italy the cost of filing a complaint cisions are also communicated through the of- to the Consiglio di Stato is between 2,000 and ficial gazette. In Bolivia, although the law does 6,000 euros, depending on the value of the not specify the channels, the means for pub- contract (Presidential Decree No. 115/2002). lication are news, radio and the public board at the judicial house. A company would not Publication of the second-tier review find published decisions in most Sub-Saharan body’s decision economies. Almost half the economies studied have laws that mandate the publication of decisions by Figure 3.7 In 31 economies the second-tier review body is not required to publish its decision—in others publication is mandatory through one or more channels Latin America and East Asia and Pacific Europe and Central Asia the Caribbean Hong Kong SAR, China Azerbaijan Argentina Philippines Bulgaria Guatemala Vietnam Kyrgyz Republic Haiti Serbia Jamaica South Asia Mexico Nepal Sub-Saharan Africa Uruguay Burundi OECD high income Cameroon Middle East and North Africa Australia Gambia, The Algeria Hungary Mozambique Egypt, Arab Rep. Ireland Nigeria Jordan Korea, Rep. Sierra Leone Lebanon South Africa Morocco 44 | Benchmarking Public Procurement 2016 Notes 1. Nolan 2014. Washington University; Organisation for 2. Idem. Economic Co-operation and Development 3. Idem. (OECD); Inter-American Development 4. Thai 2001. Bank; United Nations Commission on In- 5. CIPS 2007. ternational Trade Law (UNCITRAL); Ameri- 6. Nolan 2014. can Bar Association (ABA); and General 7. Basheka 2010. Electric (GE). 8. Idem. 18. The thematic coverage of the subindica- 9. CIPS 2007. tor is broader than is presented here, and 10. PwC 2014. additional data points are available on the 11. UNODC 2013. Benchmarking Public Procurement website 12. The Anti-Corruption Working Group was (http://bpp.worldbank.org). created by the G20 Leaders at the To- 19. Or any other governmental entity conduct- ronto Summit in 2010 to take action on the ing the needs assessment. negative impact of corruption on economic 20. Article 32 of Executive Decree No. 893/2013 growth, trade and development. In the on Public Procurement of Argentina. spirit of the G20 High-Level Principles on 21. Article 31 of the Public Procurement Law of Corruption and Growth, the working group Poland, as amended in 2014. encourages international efforts to reduce 22. OECD 2010. corruption and enhance transparency, 23. Idem. particularly by international organizations 24. The thematic coverage of the subindica- and multilateral development banks. tor is broader than is presented here, and 13. http://www.doingbusiness.org. additional data points are available on the 14. UNODC 2013. Benchmarking Public Procurement website 15. World Bank 2014. https://www.open (http://bpp.worldbank.org). knowledge.worldbank.org/bitstream 25. Directive 2014/24/EU of the European Par- /handle/10986/19281/899160PUB0978100 liament and of the Council of 26 February Box385216B00PUBLIC0.pdf. 2014 on public procurement and repealing 16. UNODC 2013. Directive 2004/18/EC. 17. The consultation has taken place with 26. Article 52 of the Directive. leading legal experts and practitioners 27. Article 28.10–2 of the Federal Acquisition from many organizations, among them Regulation of the United States. the World Bank Group—including both 28. The thematic coverage of the subindica- the World Bank and IFC; The George tor is broader than is presented here, and Notes | 45 additional data points are available on the 45. Article 28 (3) of the Anti-Corruption Law of Benchmarking Public Procurement website Ukraine. (http://bpp.worldbank.org). 46. Chile, Malaysia, Mongolia, Nigeria and Peru 29. The thematic coverage of the subindica- require ID. In Chile, reporting misconduct tor is broader than is presented here, and may be done online at the Offices of the additional data points are available on the Public Ministry (as of 7/12/2015 at http:// Benchmarking Public Procurement website www.contraloria.cl/NewPortal2/portal2 (http://bpp.worldbank.org). /ShowProperty/BEA%20Repository/Sitios 30. UNCTAD 2014. /Ciudadano/Inicio). The person reporting 31. Idem. needs to provide his or her identification 32. Case C81/98 Alcatel Austria and Others number but has the option of request- v Bundesministerium für Wissenschaft ing confidentiality. In Malaysia procure- und Verkehr, and C212/02 Commission v ment officials can submit a report on the Austria. Anti-Corruption Commission website (as 33. OECD 2007b. of 7/12/2015 at http://www.sprm.gov.my 34. Article 8 of the Act on Payment Terms in /portaladuan/Modules/Portal/index.html). Commercial Transactions of 8 March 2013. Once in the system, the reporting person 35. Article 104 of the Public Procurement Law has to provide his or her name, gender, of Senegal. nationality, identification number, pass- 36. Regulation 34 of the Public Procurement port number, phone number, address & Disposal (Amendment) Regulations of and email address. In Mongolia the online Kenya, 2013. form of the Independent Authority against 37. Section 4.70.30.1 of the PWGSC Supply Corruption requires whistleblowers to Manual of Canada. provide their identification number (as of 38. Article 63 of Decree N. 57–92, Law of Public 7/12/2015 at http://www.iaac.mn/medeelel Contracts of Guatemala. /gemthereg). In Nigeria the Independent 39. SIGMA 2013. Corrupt Practices and Other Related Of- 40. OECD 2007a. fences Commission offers the possibility 41. UNCTAD 1994. to make a report online. On their website 42. Idem, p. 41. (as of 7/12/2015 at http://icpc.gov.ng/), the 43. Idem, p. 1. complainant must include a scanned copy 44. Article 35 of the Regulation Regarding of his or her identification card. In Peru Ethical Conduct Principles and Procedures Article 5.3 of the Resolution of the Comp- and Principles for Application for Public Of- troller No. 184–2011-CG on the National ficials of Turkey. System of Reports Handling states “Every 46 | Benchmarking Public Procurement 2016 report received the General Comptroller 49. Gordon 2006. needs to include the following: a) Name, 50. OECD 2007b. address, phone number, email, identifica- 51. Idem. tion number/document.” 52. Data for the second-tier review process 47. Azerbaijan, the Democratic Republic of subindicators are not scored. This informa- Congo, Côte d’Ivoire, the Arab Republic tion can be found on the project website of Egypt, the Kyrgyz Republic, Lebanon, (http://bpp.worldbank.org). Myanmar, Nicaragua, the Philippines, Thai- 53. Gordon 2006. land and Togo. 54. There is no filing fee at the agency level 48. Section 10 of the Public Interest Disclo- or at the Government Accountability Of- sures Act of Australia, 2013; Article 90(A) fice. However, protesters do have the op- of Law 18.834 establishes certain rights for tion to file directly in the Court of Federal reporting officials, Chile; Article 53 (3) of Claims, which does require paying a filing the Anti-Corruption Law of Ukraine. fee. Notes | 47 References Basheka, Benon C. 2010. “The Science of Public SIGMA Papers, No. 41, OECD Publishing. http:// Procurement Management and Administra- dx.doi.org/10.1787/5kml60q9vklt-en. tion,” in Charting a Course for Public Procurement Innovation and Knowledge Sharing, Chapter 11. ———. 2010. Methodology for Assessing Procure- ment Systems (MAPS). http://www.oecd.org/dac Chartered Institute of Procurement & Supply /effectiveness/45181522.pdf. Australia (CIPS). 2007. “A Short History of Pro- curement.” http://www.cipsa.com.au. PwC. 2014. SMEs’ access to public procurement markets and aggregation of demand in the EU. Study Gordon, Daniel I. 2006. “Constructing a Bid commissioned by the European commission, DG Protest Process: Choices Every Procurement Internal Market and Services. http://ec.europa Challenge System Must Make.” Public Contract .eu/internal_market/publicprocurement Law Journal 35: 427 http://scholarship.law.gwu /docs/modernising_rules/smes-access-and .edu/cgi/viewcontent.cgi?article=1690&context -aggregation-of-demand_en.pdf. =faculty_publications. Support for Improvement in Governance and Nolan, Mike. 2014. “The History of Procure- Management (SIGMA). 2013. Establishing Procure- ment: Past, Present and Future.” http://www ment Review Bodies, Public Procurement Brief 25, .sourcesuite.com/procurement-learning p. 2 (July 2013). http://sigmaweb.org/publications /purchasing-articles/history-of-procurement /Brief25_EstablishingReviewBodiesinPP_2013 -past-present-future.jsp#sthash.Jf5udHTV.dpuf. .pdf. OECD (Organisation for Economic Co-operation Thai, Khi V. 2001. “Public Procurement Re- and Development). 2006. Managing Conflict of Examined,” Journal of Public Procurement, Vol. 1, Interest in the Public Sector. www.oecd.org/gov Issue 1, 9–50. http://ippa.org/jopp/download /ethics/conflictofinterest. /vol1/Thai.pdf. ———. 2007a. “Integrity in Public Procurement: UNCTAD (United Nations Conference on Trade Good Practice from A to Z.” OECD Policy Round- and Development). 1994. UNCITRAL Model Law on tables, 2006. http://www.oecd.org/development Procurement of Goods, Construction and Services. /effectiveness/38588964.pdf. UNCITRAL, New York. http://www.uncitral.org /pdf/english/texts/procurem/ml-procurement ———. 2007b. “Public Procurement Review and /ml-procure.pdf. Remedies Systems in the European Union,” 48 | Benchmarking Public Procurement 2016 ———. 2014. Guide to Enactment of the UNCITRAL World Bank. 2014. Republic of Iraq Public Expen- Model Law on Public Procurement. http://www diture Review: Toward More Efficient Spending .uncitral.org/pdf/english/texts/procurem/ml for Better Service Delivery. World Bank Studies. -procurement-2011/Guide-Enactment-Model Washington, DC. https://www.openknowledge -Law-Public-Procurement-e.pdf. .worldbank.org/bitstream/handle/10986/1928 1/899160PUB0978100Box385216B00PUBLIC0 UNODC (United Nations Office on Drugs and .pdf. Crime). 2013. Guidebook on anti-corruption in public procurement and the management World Bank. 2015. Doing Business, Going Beyond of public finances. http://www.unodc.org Efficiency .   http://www.doingbusiness.org /documents/corruption/Publications/2013 /reports/global-reports/doing-business-2015. /Guidebook_on_anti-corruption_in_public _procurement_and_the_management_of _public_finances.pdf. References | 49 Economy datasheets Only the practices and regulations recognized as 4 in the charts (respectively >20 and <=40; >40 good by the global public procurement commu- and <=60; >60 and <=80). All data points used to nity are aggregated through scores. The scoring aggregate the Benchmarking Public Procurement methods allocate the same weight to all bench- indicators are made publicly available on the marks. Scores are presented in five categories project’s website (http://bpp.worldbank.org). at the subindicator level: 0–20, 21–40, 41–60, 61–80 and 81–100. Economies with a score of Below are the areas that have been assessed 81 or more, which are considered close to good by the Benchmarking Public Procurement 2016 practice on a certain subindicator, are in the top indicators. Additional information that has quintile. Economies with a score of 20 or less are been collected for contextual purposes can be in the bottom quintile in the charts which means found on http://bpp.worldbank.org. that the economy has a lot to improve in the light of internationally accepted good practices For data containing a (-), please refer to Bench- and principles on what BPP measures. The re- marking Public Procurement’s website (http:// maining three categories are in quintiles 2, 3 or bpp.worldbank.org) for further information. The procurement life cycle Awarding and Preparing bids Submitting bids Evaluating bids executing contracts Requirement to Open tendering as the Who can attend the Publication of tender publish the procure- default procurement bid opening session award ment plan method Channels of publica- Implementation of an Requirement to Notification of the tion of the procure- electronic procure- record the bid opening award to losing ment plan ment portal session bidders 50 | Benchmarking Public Procurement 2016 Awarding and Preparing bids Submitting bids Evaluating bids executing contracts Requirement to evalu- Advertisement of the Guidelines accessible ate bids strictly and Losing bidders' right to needs assessment on a procurement solely in accordance a debriefing phase portal with the bid evaluation criteria Prohibition for the public official in Procuring entities' charge of conducting List of elements featur- mandatory use of needs assessment/ Standstill: timeframe ing in the tender notice standard bidding drafting the technical documents specifications from participating in the bid evaluation Procuring entities’ mandatory reference List of elements Time within which the to international and/ featuring in the tender procuring entity must or national industrial documents process the payment standards in tender documents Time needed to Publication of tender Bidders' right to ask receive a payment (in notices questions practice) Requirement for procuring entities to Time needed to access Electronic means to pay penalties in case of the tender documents submit bids delays of payments to suppliers Cost to access the A minimum timeframe Possibility to request a tender documents to submit a bid payment online Accessibility of tender Form and submission documents on a of a bid security procurement portal Economy datasheets | 51 Complaint and reporting mechanisms Availability of complaint and reporting First-tier Second-tier mechanisms review process review processa Actors who have The process to appeal Legal framework with provisions on bidders' standing to file a the first-tier review complaints complaint body's decision Accessibility of rules and regulations on Parties allowed to Notification of appeal to complaints on a government-supported challenge the award procuring entity website Proof that a complaining Time limit for review Choice for a complaining party regarding the party must show to body to render a authority to which to file its complaint be eligible to file a decision complaint Accessibility of the procedure to file a complaint Method available to file Remedies on a government-supported website a complaint Access of complaining Alternative dispute resolution mechanism to Publication of complaint party to evidence resolve issues arising from the procurement decisions by second-tier presented during review process review body process Requirement for a procurement official in a situation of conflict of interest to be suspended, Notification of complaint removed, excused or disqualified from to procuring entity participating in the procurement process, as well as its implementation in practice Publication of complaint Requirement to report misconduct decisions by first-tier review body Time limit for review Protection of reporting officials from retaliation: body to render a The possibility to report anonymously decision Protection of reporting officials from retaliation: Remedies The possibility to request confidentiality Protection of reporting officials from retaliation: The existence of sanctions in case of retaliation a The second-tier review process subindicator is not scored due to its limited applicability. 52 | Benchmarking Public Procurement 2016 Afghanistan Income per capita: $680 South Asia The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 14 9 15 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 53 Algeria Income per capita: $5,340 Middle East and North Africa The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 10 20 20 0.12% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 54 | Benchmarking Public Procurement 2016 Argentina Income per capita: $14,560 Latin America and the Caribbean The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 12.5 45 - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 55 $XVWUDOLD ΖQFRPHSHUFDSLWD High-income OECD The procurement life cycle 0 20    100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20    100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW - - - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 56 | Benchmarking Public Procurement 2016 Austria Income per capita: $49,366 High-income OECD The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 7 42 52.5 - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 57 Azerbaijan Income per capita: $7,590 Europe and Central Asia The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 21 28 14 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 58 | Benchmarking Public Procurement 2016 Bahrain Income per capita: $28,272 Middle East and North Africa The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 10 30 - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 59 Bolivia Income per capita: $2,830 Latin America and the Caribbean The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 3 7 16.5 - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 60 | Benchmarking Public Procurement 2016 %RVQLDDQG+HU]HJRYLQD ΖQFRPHSHUFDSLWD Europe and Central Asia The procurement life cycle 0 20  60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20  60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW  5 5 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 61 Botswana Income per capita: $7,880 Sub-Saharan Africa The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 14 14 40 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 62 | Benchmarking Public Procurement 2016 %UD]LO ΖQFRPHSHUFDSLWD Latin America and the Caribbean The procurement life cycle 0 20 40  80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40  80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 7 7 14 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 63 %XOJDULD ΖQFRPHSHUFDSLWD Europe and Central Asia The procurement life cycle 0   60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0   60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 10 - - 37.13% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 64 | Benchmarking Public Procurement 2016 %XUXQGL ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle 0  40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0  40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 10 7 7 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 65 &DPHURRQ ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle 0 20 40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 14 5 - 0.14% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 66 | Benchmarking Public Procurement 2016 &DQDGD ΖQFRPHSHUFDSLWD High-income OECD The procurement life cycle 0 20 40  80  3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40  80  $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW - - - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 67 &KLOH ΖQFRPHSHUFDSLWD High-income OECD The procurement life cycle 0 20 40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 14 60 365 - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 68 | Benchmarking Public Procurement 2016 &RORPELD ΖQFRPHSHUFDSLWD Latin America and the Caribbean The procurement life cycle 0 20 40 60  100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60  100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 14 - 20 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 69 &RQJR'HP5HS ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle 0 20 40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 14 7 7 0% '$<6 '$<6 '$<6 % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 70 | Benchmarking Public Procurement 2016 &¶WHGȇΖYRLUH ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle 0 20 40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 10 5 5 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 71 Ecuador ΖQFRPHSHUFDSLWD Latin America and the Caribbean The procurement life cycle 0 20   80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20   80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 3 - - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 72 | Benchmarking Public Procurement 2016 (J\SW$UDE5HS ΖQFRPHSHUFDSLWD Middle East and North Africa The procurement life cycle 0 20 40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 21 21 18 0% '$<6 '$<6 '$<6 % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 73 )UDQFH ΖQFRPHSHUFDSLWD High-income OECD The procurement life cycle 0 20  60  100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20  60  100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 13.5 - - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 74 | Benchmarking Public Procurement 2016 *DPELD7KH ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle 0 20 40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 14 14 10 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 75 *KDQD ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle 0 20 40  80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40  80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 20 21 21 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 76 | Benchmarking Public Procurement 2016 Guatemala Income per capita: $3,440 Latin America and the Caribbean The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - - - - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 77 Haiti Income per capita: $830 Latin America and the Caribbean The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 5 7 - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 78 | Benchmarking Public Procurement 2016 +RQGXUDV ΖQFRPHSHUFDSLWD Latin America and the Caribbean The procurement life cycle 0 20 40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 10 - 22.5 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 79 Hong Kong SAR, China Income per capita: $40,320 East Asia and Pacific The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 14 - 32 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 80 | Benchmarking Public Procurement 2016 +XQJDU\ ΖQFRPHSHUFDSLWD High-income OECD The procurement life cycle       3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms       $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW - - - - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 81 ΖQGRQHVLD ΖQFRPHSHUFDSLWD East Asia and Pacific The procurement life cycle 0 20 40  80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40  80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 7 7 4 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 82 | Benchmarking Public Procurement 2016 ΖUHODQG ΖQFRPHSHUFDSLWD High-income OECD The procurement life cycle 0 20 40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 30 - 450 0.61% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 83 ΖWDO\ ΖQFRPHSHUFDSLWD High-income OECD The procurement life cycle 0   60  100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0   60  100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 30 75 135 7.63% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 84 | Benchmarking Public Procurement 2016 -DPDLFD ΖQFRPHSHUFDSLWD Latin America and the Caribbean The procurement life cycle 0 20  60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20  60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 28 18 - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 85 -RUGDQ ΖQFRPHSHUFDSLWD Middle East and North Africa The procurement life cycle 0 20 40  80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40  80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 30 - 135 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 86 | Benchmarking Public Procurement 2016 .HQ\D ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle 0 20 40 60  100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60  100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 14 30 22.5 - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 87 .RUHD5HS ΖQFRPHSHUFDSLWD East Asia and Pacific The procurement life cycle 0  40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0  40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW - 10 8.5 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 88 | Benchmarking Public Procurement 2016 .\UJ\]5HSXEOLF ΖQFRPHSHUFDSLWD Europe and Central Asia The procurement life cycle 0  40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0  40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 10 3 4 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 89 /HEDQRQ ΖQFRPHSHUFDSLWD Middle East and North Africa The procurement life cycle 0 20 40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 84 - 720 - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 90 | Benchmarking Public Procurement 2016 0DOD\VLD ΖQFRPHSHUFDSLWD East Asia and Pacific The procurement life cycle 0 20 40  80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40  80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW - 15 - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 91 0DXULWLXV ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle 0 20 40 60 80  3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60 80  $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 5 7 7 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 92 | Benchmarking Public Procurement 2016 Mexico Income per capita: $9,980 Latin America and the Caribbean The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 8 21 90 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 93 Moldova Income per capita: $2,550 Europe and Central Asia The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 10 28 28 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 94 | Benchmarking Public Procurement 2016 Mongolia Income per capita: $4,320 East Asia and Pacific The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 5 14 5.5 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 95 Morocco Income per capita: $3,020 Middle East and North Africa The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 1 5 5 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 96 | Benchmarking Public Procurement 2016 0R]DPELTXH ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle       3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms       $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 3 3 - 1.85% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 97 Myanmar Income per capita: $1,270 East Asia and Pacific The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - - - - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 98 | Benchmarking Public Procurement 2016 Namibia Income per capita: $5,820 Sub-Saharan Africa The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - - - - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 99 Nepal Income per capita: $730 South Asia The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 1 5 5 - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 100 | Benchmarking Public Procurement 2016 Netherlands Income per capita: $51,210 High-income OECD The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - - - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 101 New Zealand Income per capita: $43,837 High-income OECD The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - - 20 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 102 | Benchmarking Public Procurement 2016 Nicaragua Income per capita: $1,830 Latin America and the Caribbean The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - 7 14 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 103 Nigeria Income per capita: $2,950 Sub-Saharan Africa The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 21 21 21 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 104 | Benchmarking Public Procurement 2016 Peru Income per capita: $6,410 Latin America and the Caribbean The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 10 7 - 58.35% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 105 Philippines Income per capita: $3,440 East Asia and Pacific The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - 7 - - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 106 | Benchmarking Public Procurement 2016 3RODQG ΖQFRPHSHUFDSLWD High-income OECD The procurement life cycle 0 20 40 60 80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60 80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 9.5 21 16 34.07% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 107 Romania Income per capita: $9,370 Europe and Central Asia The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - 20 30 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 108 | Benchmarking Public Procurement 2016 Russian Federation Income per capita: $13,210 Europe and Central Asia The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 7 10 12 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 109 6HQHJDO ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle       3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms       $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 5 3 3 9.52% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 110 | Benchmarking Public Procurement 2016 6HUELD ΖQFRPHSHUFDSLWD Europe and Central Asia The procurement life cycle 0 20 40 60  100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40 60  100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 7 20 24 15.33% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 111 Sierra Leone Income per capita: $720 Sub-Saharan Africa The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 18 7 3 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 112 | Benchmarking Public Procurement 2016 6LQJDSRUH ΖQFRPHSHUFDSLWD East Asia and Pacific The procurement life cycle       3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms       $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 15 45 45 - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 113 South Africa Income per capita: $6,800 Sub-Saharan Africa The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 14 60 60 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 114 | Benchmarking Public Procurement 2016 Spain Income per capita: $29,542 High-income OECD The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 15 - 20 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 115 Sweden Income per capita: $61,600 High-income OECD The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - - 75 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 116 | Benchmarking Public Procurement 2016 Taiwan, China Income per capita: $22,598 East Asia and Pacific The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - 15 15 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 117 Tanzania Income per capita: $930 Sub-Saharan Africa The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 28 14 - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 118 | Benchmarking Public Procurement 2016 Thailand Income per capita: $5,410 East Asia and Pacific The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 90 - - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 119 Togo Income per capita: $580 Sub-Saharan Africa The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 14 5 4 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 120 | Benchmarking Public Procurement 2016 Tunisia Income per capita: $4,459 Middle East and North Africa The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - - - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 121 Turkey Income per capita: $10,850 Europe and Central Asia The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - 14 14 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 122 | Benchmarking Public Procurement 2016 8JDQGD ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle       3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms       $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 21 21 21 28.77% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 123 8NUDLQH ΖQFRPHSHUFDSLWD Europe and Central Asia The procurement life cycle 0 20 40  80 100 3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms 0 20 40  80 100 $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 10 42 30 13.79% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 124 | Benchmarking Public Procurement 2016 United Kingdom Income per capita: $42,690 High-income OECD The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - - 60 - DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 125 United States Income per capita: $55,200 High-income OECD The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - 100 - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 126 | Benchmarking Public Procurement 2016 Uruguay Income per capita: $16,360 Latin America and the Caribbean The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint 14 - 30 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 127 Vietnam Income per capita: $1,890 East Asia and Pacific The procurement life cycle 0 20 40 60 80 100 Preparing bids Submitting and evaluating bids Awarding and executing the contracts Complaint and reporting mechanisms 0 20 40 60 80 100 Availability of complaint and reporting mechanisms 1st First-tier review 7LPHWRȴOH Time to Time to &RVWRIȴOLQJ a complaint review—legal review—practice a complaint - 9 - 0% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. 128 | Benchmarking Public Procurement 2016 =DPELD ΖQFRPHSHUFDSLWD Sub-Saharan Africa The procurement life cycle       3UHSDULQJELGV 6XEPLWWLQJDQG HYDOXDWLQJELGV $ZDUGLQJDQG H[HFXWLQJWKH FRQWUDFWV Complaint and reporting mechanisms       $YDLODELOLW\RI FRPSODLQWDQG UHSRUWLQJ PHFKDQLVPV 1st )LUVWWLHU UHYLHZ 7LPHWRȴOH 7LPHWR 7LPHWR &RVWRIȴOLQJ DFRPSODLQW UHYLHZȃOHJDO UHYLHZȃSUDFWLFH DFRPSODLQW 14 21 - 9.54% DAYS DAYS DAYS % of GNI per capita For data containing a (-), please refer to Benchmarking Public Procurement’s website (http:// bpp.worldbank.org) for further information. Economy datasheets | 129 Contributors Afghanistan Argentina Australia Aziz Ahmad Obaidi Federico Godoy Anthony Butler Afghanistan Reconstruction and Beretta Godoy Ernst & Young Development Services (ARDS) Marcelino Cornejo Phil Scott Tanka Prasad Kafle Biscardi & Asociados Afghanistan Reconstruction and Leighton O’Brien Mario Biscardi Development Services (ARDS) Allens Biscardi & Asociados Lawrence Wahome Patricio March Austria Ewa Suwara Biscardi & Asociados Stefan Huber Polish Academy of Sciences. Cerha Hempel Spiegelfeld Diego Andrés Alonso Institute of Legal Studies Hlawati Bullo - Tassi - Estebenet - Lipera Mohammad Rafi Amini - Torassa - Lawyers Michaela Siegwart Mohammad Aqil Omar Javier Canosa Cerha Hempel Spiegelfeld Canosa Abogados Hlawati Algeria Bernt Elsner Nadia Bousquet Okba Lemdjed Bellabas Canosa Abogados CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH Fawzia Kettou Juan Antonio Stupenengo Okba Lemdjed Bellabas Estudio Beccar Varela Florian Kromer CMS Reich-Rohrwig Hainz Ali Bencheneb Oscar R. Aguilar Valdéz Rechtsanwälte GmbH Mourad Seghir Estudio Beccar Varela Bennani & Associés Thomas Hamerl Ignacio Hernández CMS Reich-Rohrwig Hainz Samir Benslimane María Inés Corra Rechtsanwälte GmbH Benslimane A&C law firm/ M. &M. Bomchil cabinet d’avocats. Marlene Wimmer Federico Camplieti CMS Reich-Rohrwig Hainz Adnane Bouchaib M. & M. Bomchil Rechtsanwälte GmbH Bouchaib Law firm Héctor Mairal Bundeskanzleramt Khaled Goussanem Marval, O’Farrel & Mairal Goussanem & Aloui Law Firm Austrian Court of Audit Eliana Hougassian Salima Aloui Georg Zellhofer Marval, O’Farrel & Mairal Goussanem & Aloui Law Firm Schramm Öhler Rechtsanwälte OG Enrique Veramendi Tiliouia Youssef Simone Fida Marval, O’Farrel & Mairal Cabinet Tiliouia Schramm Öhler Rechtsanwälte OG Lorena Schiariti Cabinet Hadj-Salah Marval, O’Farrel & Mairal Azerbaijan Vincent Lunel Kamil Valiyev Irene Calou Lefèvre Pelletier & associés Baker & McKenzie Richards Cardinal Totzer Zabala Robin Souclier Zaefferer Jahangir Gafarov Lefèvre Pelletier & associés Baker & McKenzie Juan Pablo M. Cardinal Richards Cardinal Totzer Zabala Zulfigar Babayev Zaefferer Baku Law Centre LLC 130 | Benchmarking Public Procurement 2016 Elnur Aliyev Jadranka Vidović Cesar Pereira Baku Law Centre LLC Novi Grad Mncp Justen, Pereira, Oliveria & Talamini Mustafa Salamov Ervin Kresevljakovic BM Morrison Partners Stipo Petricevic Mayara Ruski Augusto Sá Hrvatske Poste d.o.o. Mostar Justen, Pereira, Oliveria & Aygun Zeynalova Talamini MGB Law Offices Ivan Kutleša Ministry of Justice Diogo Albaneze Gomes Anar Asadov Ribeiro State Procurement Agency of the Miralem Kovačević Justen, Pereira, Oliveria & Republic of Azerbaijan Brankica Babić Talamini Rashid Aliyev Ivana Grgić Isabella Vosgerau Remells Law Firm Ilija Ignjatic Justen, Pereira, Oliveria & Branka Mujezinovic Talamini Bahrain JP Ceste Mohamed Toorani Alexandre Wagner DLA Piper Middle East LLP Željka Vidović Justen, Pereira, Oliveria & Revicon Talamini Balall Maqbool DLA Piper Middle East LLP Maria Augusta Rost Botswana Justen, Pereira, Oliveria & Nasreen Alubaidi Jeffrey Bookbinder Talamini DLA Piper Middle East LLP Bookbinder Business Law Rafael Wallbach Schwind Foutoun Hajjar Rehka Kumar Justen, Pereira, Oliveria & Al Tamimi and Company Talamini Brazil Qays H. Zu’bi Luiz Fabricio Thaumaturgo Andre Guskow Cardoso Zu’bi & Partners Attorneys & Vergueiro Justen, Pereira, Oliveria & Legal Consultants Amazonia Azul Defense Talamini Technologies - AMAZUL Bolivia Guilherme Reisdorfer Tiago Gomes Justen, Pereira, Oliveria & Sergio Antelo Callisperis Castro, Barros, Sobral, Gomes Talamini Abogados Consultores Soc. Civ. Advogados Mario Jose Pace Junior Rodrigo Galindo Garrett Medina & Galindo Abogados Helena Spielar Jose Paulo Pequeno S.R.L Castro, Barros, Sobral, Gomes Noronha Advogados Advogados Pablo Stejskal Fernanda Pinheiro Pedro Stejskal & Asociados Raphael Roque Noronha Advogados Castro, Barros, Sobral, Gomes Bosnia and Herzegovina Advogados Milena Santana Noronha Advogados Fuad Kozadra Beatriz Ponzoni BH Telecom Castro, Barros, Sobral, Gomes Daniel Alvarenga Advogados Noronha Advogados Sanja Bukara Ana Flavia Santo Patrus de Odebrecht Brazil Suzana Simovic Souza Elisa Cristina Bagolan Guilherme Andre Jappe Saša Stojaković Everis Ministry of Foreign Relations Ministry of Agriculture, Forestry of Brazil - Embassy of Brazil in and Water Juan Solis Washington DC Everis Contributors | 131 Rodrigo Azevedo Maria Pashalieva Canada Negro Monte Vieira de Melo Penkov, Markov & Partners Jeniffer Robitaille Maria Joao Mariana Katsarova Nick Shkordoff Rolim, Viotti & Leite Campos Bulgarian National Audit Office Fasken Martineau Advogados Irena Georgieva Betina Kalaja Luiz Gustavo Miranda Schoenherr Paul Lalonde Rolim, Viotti & Leite Campos Dentons Canada LLP Elitsa Trifonova Advogados Blake, Cassels & Graydon Paulo Fernandes Burundi Rolim, Viotti & Leite Campos Chrisostome Nsabimana Gerry Stobo Advogados Rubeya & Co-Advocates Borden Ladner Gervais Alice Khoury Anatole Nahayo Mandy Aylen Rolim, Viotti & Leite Campos Rubeya & Co-Advocates Borden Ladner Gervais Advogados Gail Bradshaw Emmanuel Burakuvye Fernando Villela de Andrade BNM & Co. Advocates Public Works and Government Vianna Services, Government of Canada Eliane Irakoze Siqueira Castro - Advogados Cyriaque Nibitegeka Chile Rodrigo Calazanas Macedo Nibitegeka & Co. Advocates Marco Ríos Siqueira Castro - Advogados Carey & Cia. Ltda. Pasteur Nzinahora Luis Felipe Valerim Pinheiro Nzihahora Camilo Lledo Carey & Cia. Ltda. Bulgaria Cameroon Georgi Zahariev Matías Vergara Abianyah U Martin Carey & Cia. Ltda. Kaloyan Bogev International Development Raina Dimitrova Institute Karina Henríquez Boyanov & Co Law Firm Carey & Cia. Ltda. David Boyo Mihail Vishanin Boyo & Patimark LLP José Sánchez Boyanov & Co Law Firm Carey & Cia. Ltda. Fulbert Ambe Boyan Ivanov Boyo & Patimark LLP Ricardo Miranda Zúñiga Dimitrov, Petrov & Co. Law Firm ChileCompra Bérenger Meuke Nikolay Vasilchev Jean-Claude Midelel Dora Luiz Kambourov & Partners, ChileCompra Epanty Mbanda Attorneys at law Moukouri Law Colombia Elena Apostolova Danielle Moukouri Carlos Lázaro Umaña Trujillo Kambourov & Partners, Moukouri Law Brigard & Urrutia Attorneys at law Roland Abeng María Luisa Porto Fox Ana Nikolova The Abeng Law Firm Brigard & Urrutia Vladimir Penkov Penkov, Markov & Partners Nicaise Ibohn César Felipe Rodríguez The Abeng Law Firm Brigard & Urrutia Milena Gaidarska Penkov, Markov & Partners Pierre Oscar Alegba Njikam Héctor León Méndez The Abeng Law Firm Brigard & Urrutia Radost Georgieva Penkov, Markov & Partners Jean Aime Kounga Felipe Piquero The Abeng Law Firm Esquerra Barrera Arriaga 132 | Benchmarking Public Procurement 2016 Marc Guimera Dapa Donacien Kouakou Pascal David Everis BMP Consulting Clémence Cordier Jorge Rodríguez Eric Ky Earth Avocats Everis West African Economic and Clara Lombard Monetary Union (UEMOA) Andrés Hidalgo Earth Avocats Lloreda Camacho & Co. Kouity Soumahoro Yves-René Guillou Carlos Carvajal Adama Soro Earth Avocats Lloreda Camacho & Co. SCPA SORO, BAKO et Associés Pierre Reine Samuel Cano Ecuador Earth Avocats Lloreda Camacho & Co. José Rafael Bustamante Elisabeth Fernandez Begault Bernardo Rodríguez Ossa Crespo Stephane de Navacelle Parra Rodriguez Sanín Bustamante & Bustamante Navacelle Francisco Javier Morón López Daniel López Suárez Sylvain Boueyre Parra Rodriguez Sanín Corporación Legal CL Ecuador Patrice Adment Iván Felipe Rodríguez Medina Ernesto Velasco Granda Chambre régionale des comptes Parra Rodriguez Sanín Ferrere d’Ile de France Santiago Parra Fabiola Yantalema Cain Patrick Labayle-Pabet Parra Rodriguez Sanín GAD, Municipal de General Ravetto Associés Antonio Elizalde Carlos Gómez Olivier Laffitte Parra Rodriguez Sanín Ismael Guillén Izuma Taylor Wessing Track Global Solutions, S.L. María Margarita Zuleta Gambia, The González Egypt, Arab Rep. Olivia Mutambo Mpatswe, Colombia Compra Eficiente Ahmed El Sharkawy Esq. Sharkawy & Sarhan Amie Bensouda & Co, LP Congo, Dem. Rep. Kizito Kalala Esraa Abdelmoniem Aziz Bensouda, Esq. “Ministère de l’Intérieur, Sharkawy & Sarhan Amie Bensouda & Co, LP Sécurité“ Ibrahim Shehata Binta Touray Jules Kalenga Sharkawy & Sarhan DT Associates Avocat Kalenga et Associés Shaimaa Solaiman Lamin K. Barrow David Luboya Kayaya Challenge Law Firm Gambia Public Procurement Expertise Business International Authority GPPA Levari Corporation Lalo N. Danso Walid Hegazy Magloire Ngunza Benga Saka Gambia Public Procurement Hegazy & Associates Authority GPPA Côte d’Ivoire Mohamed Hashish Abdoulie Mbye Aké Stanislas Adiko Soliman, Hashish & Partners Gambia Public Procurement Lassiney Camara Frederic Soliman Authority GPPA CLK Avocats Soliman, Hashish & Partners Vaudy Gbetibou Ghana CLK Avocats France Patrick Ansah Pierre Bourdon Kady Traore Dominic Dagbanja Université Paris 1 Pantheon - CLK Avocats Ghana Institute of Management Sorbonne and Public Administration Contributors | 133 Emmanuel Koree Salim Succar Hong Kong SAR, China Cabinet Lissade Albert P.C. Chan Kwadwo Osei-Asante Cost Plan Consult Ltd. Sébastien Brenke Hong Kong Polytechnic Cabinet Lissade University Macauley Amankwa Claudie Marsan Elsa Lai Nilakantha Bhoi Financial Services and the Marsan Treasury Bureau Dina Dzeha Lucien Moïse Sivert Ofori Commission Nationale des Hungary Marchés Publics Edina Balogh Daniel Quampah Jude Baptiste Bocsák, Katona & Szuchy Law Public Procurement Authority Centre de Recherche et Offices Guatemala D’Information Juridiques Andrea Egertz Marvin Flores CLV Partners Law Firm Acción Ciudadana Honduras Melissa Amaya Andrea Jádi Németh Jorge Luis Arenales de la Aguilar Castillo Love bpv JÁDI NÉMETH Attorneys at Roca Law Arias & Muñoz Dennis Hércules Aguilar Castillo Love Éva Fülöp Andrés Goicolea bpv JÁDI NÉMETH Attorneys at Arias & Muñoz Heidi Luna Law García & Bodán Martín Barillas Oszkár Tibor Veress Arias & Muñoz Vanessa Oqueli bpv JÁDI NÉMETH Attorneys at García & Bodán Law Roberto Bermejo Bermejo & Associados Juan Carlos Méndez Public Procurement Authority of García & Bodán Hungary José Rosales Garcia & Bodan Héctor Martín Cerrato Szabolcs Tóth Oficina Normativa de Szabolcs Maria Lilian Franco Diaz- Contratación y Adquisiciones Duran del Estado (ONCAE) Indonesia Garcia & Bodan Olanda Patricia Montes M Kahar Al Palinrungi José Roberto Valladeres Oficina Normativa de Universitas Negeri Makassar Montiel Contratación y Adquisiciones Rahayu Hoed Grupo Legal Integrado del Estado (ONCAE) Makarim & Taira S. Eddy Humberto Jorge Ricardo Urtecho Garcés Alexandra Gerungan Grupo Legal Integrado Oficina Normativa de Makarim & Taira S. Wendy Vásquez Girón Contratación y Adquisiciones del Estado (ONCAE) Agung Darmawan Grupo Legal Integrado Makarim & Taira S. Juan Carlos Castillo Roberto Zacarias Zacarias & Asociados Heriansyah Siregar Aguilar Castillo Love Regency of Serdang Bedagai, Martha Saenz North Sumatra Haiti Zacarias & Asociados Johanna-Sylvain Joseph Samsul Ramli La Fondation Héritage pour Samsul Haïti 134 | Benchmarking Public Procurement 2016 Ireland Maurizio Ristori Dominic Rebelo Peter Curran PwC Anjarwalla & Khanna Advocates Eversheds Marco Fanelli Noella Lubano Anna-Marie Curran PwC Anjarwalla & Khanna Advocates A&L Goodbody Francesca Dente James Okello Isabel Hyde PwC Institute of Public Procurement A&L Goodbody Andrea Lensi Orlandi Guto Mogere Patrick McGovern PwC Mohammed Muigai Advocates Arthur Cox Law Firm Federica De Luca Korea, Rep. Paul Davis PwC Sung Whan Lee Dublin City University Luisa Torchia Ahnse Law Offices Jenny Mellerick Studio Legale Luisa Torchia Chanmo Choi McCann FitzGerald Claudio Cataldi Public Procurement Service Orlaith Sheehy Studio Legale Luisa Torchia Junsok Yang McCann FitzGerald Giulia Fortuna The Catholic University of Korea Thomas O’Brien Studio Legale Luisa Torchia Dae-in Kim The Office of Government Valerio Vecchione Kim & Chang Procurement Studio Legale Luisa Torchia Heewoo Kang Italy Jamaica Korea Institute of Public Finance Luigi Donato Nicole Foga Saerom Ahn Banca d’Italia Foga Daley Korea Institute of Public Finance Laura Carpineti Ceceile Brown Min Hye Jang Antonella Borsero Tanya Wright Korea Institute of Public Finance Merani & Associati Jordan Kyrgyz Republic Marco Mariani Michael Dabit Zhanyl Abdrakhmanova MM&A Studio Legale Michael Dabit and Associates Colibri Law Firm Andrea Grappelli Saad Naffa Illarion Ten Nunziante Magrone Naffa Law Firm Colibri Law Firm Daniela Jouvenal Long Rami Samain Elena Babitskaya Nunziante Magrone Naffa Law Firm Veritas Law Agency LLC Manuela Bruson Thaer Najdawi Elena Bit-Avragim ARCA Lombardia and SDA A & T Najdawi Law Office Veritas Law Agency LLC Bocconi School of Management Imad Qasem Anara Niazova Niccolo Cusumano General Supplies Department Kyrgyz-Russian Slavonic SDA Bocconi Saleem Kharraz University Massimiliano Inzerillo Al Tamimi Iskender Batyrbekov ARCA Lombardia Grata Law Firm Autorità Nazionale Kenya Anticorruzione (ANAC) Muthomi Thiankolu Elvira Maratova Muthomi & Karanja Advocates Grata Law Firm Giovanni Mariani PwC Contributors | 135 Atabek Akhmedov Priscilla Balgobin-Bhoyrul Stephany Carmona Grata Law Firm Balgobin Chambers Aldaz & Chávez, S.C. Philipa Waller Carlos Company Ros Lebanon Balgobin Chambers Everis Mexico Jean Baroudi Baroudi and Associates Poonam Geemul Paulina Avendaño Cheekhooree Goodrich Riquelme Tatiana Kehdy Banymandhub Boolell Baroudi and Associates Paola López Chambers Hogan Lovells BSTL, S.C. Ali Hamdan Urmila Boolell Baroudi and Associates Gerardo Soria Banymandhub Boolell López Velarde, Heftye y Soria, Rabih Fakhry Chambers S.C. Fakhry Law Firm Cristelle Parsooramen Ricardo Moré Ghada Harb Banymandhub Boolell Moré Abogados Fakhry Law Firm Chambers Jorge Zamudio Ziad El-Khoury Aynur Visram Moré Abogados El-Khoury & Partners Legal Banymandhub Boolell Counsel Chambers Vanessa Franyutti Nader, Hayaux y Goebel, S.C. Lili Khairallah Fabrice Aza El-Khoury & Partners Legal Banymandhub Boolell Alejando Rojas Counsel Chambers Nader, Hayaux y Goebel, S.C. Bassem Chalhoub Sanjeev K. Kalachand Liliana Corzo El-Khoury & Partners Legal Basset Chambers Nader, Hayaux y Goebel, S.C. Counsel Karrim Namdarkhan Carolina Perez Fadi Nader Basset Chambers Nader, Hayaux y Goebel, S.C. Levant Law Practice Gavin Glover Mariano Calderón Dania Rammal The Chambers of Gavin Glover, Santamarina y Steta Levant Law Practice SC Elías Moncada Abbas Skeineh Nitish Hurnaum Santamarina y Steta Levant Law Practice The Chambers of Gavin Glover, SC Elizabeth Yanez Rabih Monzer Ramzi Joreige and Partners Sandy Chuong Moldova The Chambers of Gavin Glover, Cristina Martin Neyla Rahal SC ACI Partners Ramzi Joreige and Partners Dev Erriah Marina Zanoga Malaysia Erriah Chambers ACI Partners Christoper & Lee Ong Harnamsing Lutchmeesing Igor Odobescu Wen Fock Cyril Kwong Waye ACI Partners Jeff Leong Jeff Leong, Poon & Wong Stanislav Copeţchi Mexico ACI Partners Mauritius Enrique García Huerta Cannizzo, Ortiz y Asociados Andrei Caciurenco Amoordon Pooben ACI Partners Ministry of Health & Quality of Rogelio Aldaz Romero Life Aldaz & Chávez, S.C. DAAC System Integrator 136 | Benchmarking Public Procurement 2016 Roger Gladei Mehdi El Moujahdi Jaime Casanova Gladei & Partners Sodipress DFDL Myanmar Ltd. Aelita Orhei Brahim Ahmich Mya Myintzu Gladei & Partners Sanaa Dlimia DFDL Myanmar Ltd. Marian Nenita Gide Loyrette Nouel Ko Ko Ye’Lwin Ana Galus Khnata Saidi DFDL Myanmar Ltd. Turcan Cazac Law Firm Division des Marchés Nay Chi Min Maung Vladimir Palamarciuc DFDL Myanmar Ltd. Mozambique Turcan Cazac Law Firm Lucy Wayne Fernanda Lopes Fernanda Lopes & Associados, Lucy Wayne & Associates, Ltd Mongolia Advogados Win Naing Anderson & Anderson LLP Alcinda Cumba Lucy Wayne & Associates, Ltd Pierre-Michel Motteau Fernanda Lopes & Associados, Zhentu Liu Audier & Partners Advogados Bayar Budragchaa Namibia Paula Duarte Rocha ELC LLP Advocates Rosalia Mboti MLC Advogados - Henriques, Koep & Partners Baasanjargal Khurelbaatar Rocha & Associados, Lda. ELC LLP Advocates Hugo Meyer van den Berg Silvia Prista Cunha Koep & Partners Burnee Damtsagdo MLC Advogados - Henriques, ELC LLP Advocates Rocha & Associados, Lda. Willard T. Mugadza Africa Institute for Fighting Bulgan Damdinragchaa Ana Berta Mazuze Corruption in Public ELC LLP Advocates MLC Advogados - Henriques, Procurement Rocha & Associados, Lda. Enkhjargal Tumenjargal ELC LLP Advocates Tiago Arouca Mendes Nepal MLC Advogados - Henriques, Vidya Nath Nepal Unentugs Shagdar Rocha & Associados, Lda. Center for Public Policy JP Law Group Miguel Spínola Dialogue Chuluunbaatar Begzsuren PLMJ - Sociedade de Advogadso, Lalmani Joshi LexLoci LLP RL and GML - Gabinete Legal Center for Public Policy Ganbat Byambajav Moçambique Dialogue LexLoci LLP Nuno Morgado Pereira Bharat Prasad Poudyal Buyantogos Baljinnyam PLMJ - Sociedade de Advogadso, Center for Public Policy LRCM LLP RL Dialogue Makhanbyet Adai João Pedro Coutinho Prem Karki Public Procurement PLMJ - Sociedade de Advogadso, Center for Public Policy Department-- Province of RL Dialogue Bayan-Olgii Amina Abdala Jagat Narayan Mandal GLM Gabientete Legal Ncell Private Ltd Morocco Moçambique Aicha Brahma Shirshak Ghimire Cabinet Hajji & Associés Myanmar Pradhan, Ghimire & Associates Amin Hajji David Jones Saubhagya Shah Cabinet Hajji & Associés William D. Greenlee Jr. Pradhan, Ghimire & Associates DFDL Myanmar Ltd. Contributors | 137 Netherlands Nicaragua María del Carmen Tovar Michel Chatelin Rodrigo Ibarra Rodney Estudio Echecopar, member Eversheds B.V. Arias & Muñoz firm of Baker & McKenzie International Jan Telgen García & Bodán University of Twente Alfonzo Moscol Carrasco Fernando Midence-Mantilla Everis Floris den Boer Lexincorp-Central American Law PIANOo - Dutch Public Firm Martín Zecenarro Flores Procurement Expertise Centre Martín Zecenarro Abogados Linda Hurtado Henk Wijnen Lexincorp-Central American Law Jimmy Alegria Moreano PIANOo - Dutch Public Firm Luwing Peche Loayza Procurement Expertise Centre Andrea Vidaurre Juan Jose Cardenas Jacobien Muntz-Beekhuis Munguía Vidaurre Zúñiga Rebaza Alcázar & De Las Casas PIANOo - Dutch Public Abogados Procurement Expertise Centre Nigeria Adeoye Adefulu Claudia Ausejo Wouter Lohmann Rebaza Alcázar & De Las Casas University of Twente Odujinrin & Adefulu Abogados Amina Imam New Zealand Abuja Electricity Distribution Natalia Gallardo Mei Fern Johnson Company Rebaza Alcázar & De Las Casas Russell McVeagh Abogados Lawrence Sobiye David Clarke Woodside Nigeria Limited Organismo Supervisor de Russell McVeagh Contrataciones del Estado (OSCE) Onimole Akin Chris Browne Onimole Track Global Solutions Perú, Wilson Harle SAC Rotimi Abina Rachel Sussock Tajudeen Oyawoye Philippines Wilson Harle Tajudeen Oyawoye & Co. Israel Helios S. Inocencio Thomas Burgess Procurement Unit at FASPO, Sope Williams-Elegbe Wilson Harle DENR University of Lagos Yasmin Olsen Aida Carpentero Wilson Harle Peru Procurement Service, Liliana Carolina Cabrera Department of Education Brian Clayton Moncada Chapman Tripp Ebinezer Florano Carbera Moncada Abogados & Center for Policy and Executive Aaron Adams Consultores SAC Development Chapman Tripp Jorge Danos Rocky Alejandro Reyes Nick Crang Estudio Echecopar, member SyCip Salazar Hernandez & Duncan Cotterill firm of Baker & McKenzie Gatmaitan International Karen English Roshni Balani Ministry of Business, Innovation Zita Aguilera SyCip Salazar Hernandez & and Employment Estudio Echecopar, member Gatmaitan firm of Baker & McKenzie Nick Saxton International Diana Gervacio Minter Ellison Rudd Watts SyCip Salazar Hernandez & Gatmaitan 138 | Benchmarking Public Procurement 2016 Anthony W. Dee Romania Iuliana Leon SyCip Salazar Hernandez & Corina Neaga Ţuca Zbârcea & Asociaţii Gatmaitan Ioan Baciu Iulia Vass Bhong Paulo A. Macasaet Rubin Meyer Doru & Trandafir Vass Lawyers SyCip Salazar Hernandez & Anca Albulescu Gatmaitan Russian Federation bpv Grigorescu Ștefănică Ma. Patricia B. Paz Alim Inalov Cristina Randjak Limited Liability Company SyCip Salazar Hernandez & bpv Grigorescu Ștefănică “SMU” Front Engineering Gatmaitan Iulia Dragomir Tri-a-kom, LLC Department of Social Welfare bpv Grigorescu Ștefănică and Development Alexandra Chernova Andreea Cărare Kompaniya MKM Prof, LLC Poland bpv Grigorescu Ștefănică Eugenia Erokhina Mateusz Brzeziński Raluca Marcu Marcin Bejm bpv Grigorescu Ștefănică Alexey Khripun Clifford Chance Moscow City Healthcare Violeta Simionescu Department Piotr Bogdanowicz Integrate Investment Clifford Chance Anna Orlova Cătălin Barb TOR-Impex, LLC Katarzyna Perkowska Leroy şi Asociaţii Clifford Chance Elena Pozharskaya Andreea Toma Moscow City Science and Wojciech Hartung Leroy şi Asociaţii Industrial Policy Department Domański Zakrzewski Palinka Mona Musat Tatiana Prozorova Katarzyna Kużma Mușat & Asociații Iliya Dimitrov Domański Zakrzewski Palinka Crina Ciobanu Association of Electronic Trading Marcin Krakowiak Mușat & Asociații Platforms (AETP) Domański Zakrzewski Palinka Adina Chilim-Dumitriu Nikolay Akimov Piotr Kunick Nestor Nestor Diculescu Moscow Metropolitan Wierzbowski Eversheds Kingston Petersen Governance University Tomasz Zalewski Alexandru Gosa Yulia Nabiullina Wierzbowski Eversheds PeliFilip SCA Beiten Burkhardt Moscow Agata Hryc-Ląd Bogdan Creteanu Kamil Karibov PeliFilip SCA Beiten Burkhardt Moscow Andrzej Januszewski Tudorie Irena Falk Tischendorf Malgorzata Palysa Popovici Nitu & Asociatii Beiten Burkhardt Moscow Polish Agency for Enterprise Development Alexandru Sandu Anastasia Vasilieva Bulboaca & Associates Law Firm Beiten Burkhardt Moscow Public Procurement Office Florentin Ţuca Lika Sykiainen Maciej Ślifirczyk Ţuca Zbârcea & Asociaţii Castren & Snellman Warsaw University Şerban Pâslaru Kirill Vladimirovih Kuznetsov Agata Smerd Ţuca Zbârcea & Asociaţii Center for Efficient Public Aneta Wala Procurement WALA Consult sp. z o.o. Vlad Cercel Ţuca Zbârcea & Asociaţii Contributors | 139 Victoria Bortkevicha Senegal Singapore Clifford Chance CIS Limited Cheikh Fall Kim Hock Ang Laura Brank Cabinet Cheikh Fall Baker & McKenzie.Wong & Leow Dechert Russia LLC, Moscow Lamine Fall Henry Gao Branch Singapore Management Mamadou Moustapha Alexander Volnov University Ndiaye Dechert Russia LLC, Moscow Ignatius Hwang Branch Takia Nafissatou Fall Squire Patton Boggs Carvalho Saglara Ildzhirinova Dechert Russia LLC, Moscow South Africa Serbia Branch Tlangelani Dolly Makole Dejan Perić Allegria Graphix & Consulting Andrei Shkadov Isailovic & Partners FBK Legal Claire Tucker Dubravka Kosić Bowman Gilfillan Inc. Sergei Ermolenko Law Office Kosić FBK Legal Philippa Reyburn Marta Nadj Grubor Edward Nathan Sonnenbergs Alexander Dolgov National Agency for Regional Inc. Hogan Lovells Development Grant Williams Grigory Fedorov Borisav Knezevic Eversheds (SA) Inc. Hogan Lovells Republic Commission for Protection of Rights in Public James Mnyanda Konstantin Makarevich Procurement Procedures Hogan Lovells Spain Tatjana Jovanic Pablo Dorronsoro Fedor Kovatev University of Belgrade, Faculty Hogan Lovells Baker & McKenzie Madrid of Law Denis Kachkin Raquel Ballestros Branimir Blagojevic Bird & Bird LLP Kachkin & Partners National Bank of Serbia Julia Voskoboinikova Andrés Jiménez Maja Stanivuković Eversheds Nicea Linklaters University of Novi Sad, Faculty George Sukhdolsky of Law Alberto Dorrego De Carlos The Council of the National Eversheds Nicea Predrag Groza Association of Procurement Law Office Tomic Sindjelic Groza Ana Muñoz Institutions Eversheds Nicea Jugoslava Vojnovic Anton Subbot City of Belgrade Marisol Lamora Baker & McKenzie - CIS Eversheds Nicea Stanislav Trofimchuk Sierra Leone Jaime Jiménez Ayala Baker & McKenzie - CIS Franklin Ibemessie Jorge Aguirregomezcorta International Business & Vladimir Ryabov Oppelt Technical Consultants, Inc. SRO NP “GTS” KPMG Abogados S.L. (IBTCI)/Millennium Challenge Anisa Sukhareva Account-Philippines (MCA-P) Ana López Carrascal Moscow City Regional Power KPMG Abogados S.L. Lavina Banduah Engineering Commission Transparency International Mario Sáez-Bascuñana Boris Suprun Sierra Leone MVA Asociados 140 | Benchmarking Public Procurement 2016 José M. Gimeno Sweden Ming-Yen Lin Observatorio Contratación Morvarid Dorkhan Nilsson DEEP & FAR Attorneys-at-Law Pública/ Universidad de Baker & McKenzie C.F. Tsai Zaragoza Sofia Falkner DEEP & FAR Attorneys-at-Law Patricia Valcarcel Baker & McKenzie Yu-Li Tsai Universidade de Vigo Anna Ulfsdotter Forssell DEEP & FAR Attorneys-at-Law Pontevedra Delphi Ximena Lazo Tanzania Universidad de Alcalá Ingrid Sandstedt Joseph Macha Delphi Nkasi District Belén Noguera Universidad de Barcelona John Hane Stanley Mabiti Foyen Advokatfirma NexLaw Advocates Miguel A. Bernal Universidad de Zaragoza Fredrik Linder Emmanuel Maliganya Hamilton Law Firm Bank of Tanzania Elena Hernaez Tribunal Administrativo Mikael Dubois Peter Kasanda Contratos Publicos Comunidad Hamilton Law Firm Clyde & Co Tanzania de Madrid Helena Rosén Andersson María J. Santiago Lindahl Law Firm Thailand Tribunal Admistrativo Recursos Office of the National Anti- Hanna Lundqvist Contractuales Junta de Corruption Commission Lindahl Law Firm Andalucía Penrurk Phetmani Robert Ågren Arancha Bengoechea Tilleke & Gibbins International Lund University Bartolomé Ltd. Landwell Pricewaterhouse, Tax Mia Salborn Hodgson Ahmet Yesilkaya & Legal Services S.L. Konkurrensverket (The Swedish Tilleke & Gibbins International Competition Authority) José Miguel López García Ltd. Landwell Pricewaterhouse, Tax Martin Vildhede Supasit Saypan & Legal Services S.L. Setterwalls Advokatbyrå AB Tilleke & Gibbins International Ottón Sánchez Vizcaino Ulf Djurberg Ltd. Valdés Setterwalls Advokatbyrå AB Landwell Pricewaterhouse, Tax Togo & Legal Services S.L. Andrea Sundstrand Alexis Coffi Aquereburu Stockholm University Aquereburu & Partners Ignacio San Juan Vilches Landwell Pricewaterhouse, Tax Göran Johansson Essi D. Sonia Sossoe & Legal Services S.L. Eversheds Advokatbyrå AB Aquereburu & Partners Iñigo del Guayo Christopher Stridh Koumoyi Gbeleou University of Almería Eversheds Advokatbyrå AB Martial Akakpo Lorenzo Mellado Taiwan, China SCP Martial Akakpo & Associés University of Almería Tiffany Huang Mandina Mandi Juan Antonio Gallo Sallent Baker & McKenzie Taipei Office SCP Martial Akakpo & Associés Tribunal Català de Contractes Melanie Ho Sandrine Badjili del Sector Públic Baker & McKenzie Taipei Office SCP Martial Akakpo & Associés Track Global Solutions, S.L. Jonathan Ho Amatékoé Kangni Baker & McKenzie Taipei Office SCP Martial Akakpo & Associés Contributors | 141 Tiburce Monnou Hüseyin Emre Eney Igor Svitlyk Cabinet d’Avocats Monnatt Çakmak Attorneys at Law Arzinger Law Firm Tchitchao Tchalim Hergüner Bilgen Özeke Attorney Viktoriia Gladka Tambalo Karo Partnership Arzinger Law Firm Ministère de la Justice du Togo Tolga Ismen Svitlana Malynovska Ismen Gunalcin Arzinger Law Firm Tunisia Henda Boujneh Ben Driss N. Fulya Kazbay Oleksandr Voznyuk N. Fulya Kazbay Law Firm Asters Elyes Chafter Chafter Raouadi Elvan Aziz Anastasia Usova Paksoy Law Firm Asters Zine El Abidine Chafter Chafter Raouadi Burak Kepkep Andrii Grebonkin Paksoy Law Firm Clifford Chance LLC Habiba Raouadi Chafter Raouadi Gunce Akay Oleksiy Soloviov Pekin & Pekin Gide Loyrette Nouel Donia Hedda Ellouze Mohamed Raouf El Heni Hakan Durusel Bertrand Barrier Eversheds El Heni Pekin & Pekin Gide Loyrette Nouel Selima Ben Hamouda Sinan Sunay Alexander Weigelt Eversheds El Heni Pekin & Pekin LLC Nobles Fares Koussay El Heni Denys Ivergeles Uganda Eversheds El Heni LLC Nobles Akurut Irene Mongi Elfeki M/s DN Kabugo Advocates Okhrimchuk Grushyn Khandurin Law Firm Mohamed Kammoun Jimmy Ameny Kammoun & Kallel KPMG Uganda Alexander Borodkin Vasil Kisil & Partners Ahmed Kallel Kyendo Enock Kammoun & Kallel KPMG Uganda Nataliia Shymko Ministry of Economic Imed Oussaifi Edgar Isingoma Development and Trade of Latifa Tarchi KPMG Uganda Ukraine Haute Instance des Commandes Charles Kalumiya Publiques (HAICOP) United Kingdom Kampala Associated Advocates Digby Barker Turkey Isaac Kyagaba Sollerta Güneş Mermer Kampala Associated Advocates Çakmak Avukatlık Bürosu Warsha Kale Stella Mwali Berwin Leighton Paisner LLP Dicle Su Han Kampala Associated Advocates Çakmak Avukatlık Bürosu Dermot Cahill Ukraine Institute for Competition & Mustafa Durakoğlu Procurement Studies, Bangor Alexander Burtovoy Çakmak Attorneys at Law University Antika Law Firm Ecem Pirler Ama Eyo Nataliya Gaidai Çakmak Attorneys at Law Institute for Competition & Antika Law Firm Özlem Kızıl Voyvoda Procurement Studies, Bangor Çakmak Attorneys at Law University 142 | Benchmarking Public Procurement 2016 Ceri Evans Lisa Gregory Alicia Alonso Institute for Competition & Office of Civil Rights, Agencia de Compras y Procurement Studies, Bangor Department of Transportation Contrataciones del Estado University DC (ACCE) Patrick Parkin Frank A. Mayer III Ma. Luisa Olivera Burges Salmon LLP Pepper Hamilton LLP Ministry of Economy and Finance Ian Tucker James D. Hollyday Burges Salmon LLP Pepper Hamilton LLP Vietnam Anatoli Tsakalidou Jeffrey R. Mullen Giles Thomas Cooper Eastern Shires Purchasing Pepper Hamilton LLP Duane Morris Vietnam LLC Organisation Tim di Giuseppe Nham Le Richard Matthews TD Governement Solutions, LLC Duane Morris Vietnam LLC Eversheds LLP Thomas Petruska Oliver Massmann Edward Williams Contracts Unlimited, Inc. Duane Morris Vietnam LLC Eversheds LLP Major L. Clark, III Thu Thao Bui Sally Roe Gide Loyrette Nouel AARPI Freshfields Bruckhaus Deringer Uruguay LLP Nasir PKM Abdul Belén Sosa Hontou Gide Loyrette Nouel AARPI Jane Jenkins Ferrere Law Firm Freshfields Bruckhaus Deringer Huyen Tram Nguyen Cristina Vázquez LLP Gide Loyrette Nouel AARPI Ferrere Law Firm Peter James Charles Magdelaine Gonzalo Secco Gide Loyrette Nouel AARPI Alexandra Nelson Ferrere Law Firm Reed Smith LLP Thu Hien Bui Juan Federico Fischer Peter Teare Fischer & Schickendantz Xuan Vinh Luu Reed Smith LLP Indochine Counsel Tomás Gurméndez Posados, Posados & Vecino Ngoc Luu United States Vision & Associates Co. Ltd María Victoria Garbato Brian Darst Posados, Posados & Vecino Brian Darst, Attorney At Law Zambia Pablo Varela Vincent Moola Keaston Simmons Posados, Posados & Vecino African Union Commission E3 Federal Solutions LLC Federico Samudio Robin Durairajah Posados, Posados & Vecino Chibesakunda & Company Victor Tembo Contributors | 143 E C O - A U D I T Environmental Benefits Statement The World Bank Group is committed to reducing its environmen- tal footprint. In support of this commitment, the Publishing and Knowledge Division leverages electronic publishing options and print-on-demand technology, which is located in regional hubs worldwide. Together, these initiatives enable print runs to be lowered and shipping distances decreased, resulting in reduced paper consumption, chemical use, greenhouse gas emissions, and waste. The Publishing and Knowledge Division follows the recommended standards for paper use set by the Green Press Initiative. The majority of our books are printed on Forest Stewardship Council (FSC)–certified paper, with nearly all containing 50–100 percent recycled content. The recycled fiber in our book paper is either un- bleached or bleached using totally chlorine-free (TCF), processed chlorine-free (PCF), or enhanced elemental chlorine-free (EECF) processes. More information about the Bank’s environmental philosophy can be found at http://www.worldbank.org/en/about/what-we-do /crinfo.