1. Joint WTO/WB Regional Workshop on Procurement Reform and Transparency Session 6: Transparency and Fair and Equitable Procedures Mr. Jean-Jacques Raoul World Bank Dar es Salaam January 14-17, 2003

2. 2 Purpose Briefly define the key elements of a transparent procurement system and explain the provisions of the multilateral instruments, using the World Bank Guidelines, and the UNCITRAL Model Law.

3. 3 Why Transparency in Government Procurement? Transparency is needed to foster competition Competition is seen as the best way to get value for money Transparency fosters the confidence of the taxpayer in the public procurement institutions Most powerful way to fight corruption (thrives in the dark)

4. 4 Transparency in WB Guidelines (1) Critical elements of transparency: Notification and advertising (allowing sufficient time for participation) Open competitive bidding preferred, use of other methods restricted Use of standard bidding and contract documents Predisclosure of relevant information (including bid evaluation method) Public bid opening (and opening immediately following the deadline for bid submission)

5. 5 Transparency in WB Guidelines (2) Critical elements of transparency (contd): Evaluation of bids in monetary terms (rather than merit point system) Qualification of bidders on basis of pass/fail requirements Award to the lowest evaluated responsive bidder meeting the stated qualification criteria, without negotiations Accessibility of applicable laws and regulations Appeal mechanisms Debriefing Publication of awards

6. 6 WB GLs vs UNCITRAL Model Law (1) They are generally fully consistent, except that: WB GL do not allow for: selection procedure for services with simultaneous negotiations (Art 43), and procurement of goods or works: request for proposals (Art 48) or competitive negotiations (Art 49)

7. 7 WB GLs vs UNCITRAL Model Law (2) In WB GL, Consultant services are governed by specific procedures relying on a qualitative and financial assessment of competing proposals. In respect to GPA, WB GL do not allow: Selective tendering (Art X) Opening of tenders where tenderers are not allowed to attend (Art XIII-3) Negotiated tendering (Art XIV); instead, WB provides for two-stage bidding process