Page 1 29295 Malawi Country Procurement Assessment Report (CPAR) Volume 3 EXECUTIVE SUMMARY May 24, 2004 Page 2 Malawi CPAR, Executive Summary 1 May 24, 2004 CURRENCY EQUIVALENTS Cur rency Unit = Malawi Kwacha (MWK) US$ 1.00 = MWK 106.50 (September, 2003) FISCAL YEAR July 1 – June 30 ABBREVIATIONS ACB - Anti - Corruption Bureau CGS - Central Government Stores CIF - Cost Insurance and Freight CMS - Central Medical Stores COMES A - Common Market for Eastern and Southern Africa DISTMS - Department of Information Systems and Managing Services DoPP - Director of Public Procurement FIMTAP - Financial Management, Transparency and Accountability Project FRDP II - Third Fiscal Restruc turing and Deregulation Technical Assistance Project GCU - Government Contracting Unit GOM - Government of Malawi HIPC - Heavily - Indebted Poor Countries IFMIS - Integrated Financial Management System IPC - Internal Procurement Committee Kw - Kwacha M DGs - Millenium Development Goals MoF - Ministry of Finance MOH - Ministry of Health MRA - Malawi Revenue Authority NAO - National Audit Office NCIC - National Construction Industry Council OPC - Office of the President Cabinet PIU - Project Implem enting Units PSI - Pre - shipment Inspection PVHO - Plant and Vehicle Hiring Organization SADC - Southern Africa Development Community SPU - Specialized Procurement Units ToT - Training of Trainers Regional Vice President: Callisto E. Madavo, AFRVP Country Director: Hartwig Schafer, AFC03 Sector Director: Gerard Byam, AFTQK Task Team Leader: Slaheddine Ben - Halima/Tesfaalem Gebreiyesus, AFTPC Page 3 Malawi CPAR, Executive Summary 2 May 24, 2004 TABLE OF CONTENTS CURRENCY EQUIVALENTS ................................ ................................ .......................... 1 ABBREVIATIONS ................................ ................................ ................................ ............. 1 EXECUTIVE SUMMARY ................................ ................................ .......................... 3 INTRODUCTION ................................ ................................ ................................ ................................ ................ 3 MAIN FINDINGS AND RECOMMENDATIONS ................................ ................................ ........................... 4 Pillar 1: Legal, Regulatory and Institutional Framework ................................ ...... 5 Pillar 2: Procurement Procedures and Practices ................................ .................... 6 Pillar 3: Procurement Proficiency ................................ ................................ ......... 6 Pillar 4: Independent Complaints Mechanism and Procurement Audits ................ 6 Pillar 5: Anti - Corruption Measures ................................ ................................ ...... 7 Other Issues ................................ ................................ ................................ ......... 7 Private Sector Procurement Performance ................................ ............................. 7 E- procurement ................................ ................................ ................................ ..... 7 Procurement Performan ce of World Bank financed projects ................................ 7 GENERAL RISK ASSESSMENT ................................ ................................ ................................ ...................... 8 RECOMMENDED ACTION PLAN ................................ ................................ ................................ .................. 8 Page 4 Malawi CPAR, Executive Summary 3 May 24, 2004 EXEC UTIVE SUMMARY INTRODUCTION 1. Importance of Public procurement for Malawi: From 1996 to 2002. 1 , more than 40% of public expenditures (recurrent and development budget) or US$ 235 million on average, passed through public procurement, translating into 1 2.2 to 16.2 percent of GDP during that period. This is a higher proportion than the 10% estimated for most countries in Africa. These figures underscore the importance of public procurement for the country’s financial management and the need for a sound p rocurement fiduciary system to be in place in order to achieve budgetary savings that can be allocated to economic development and poverty reduction. Even if a conservatively estimated 10% of this cost could be saved through better procurement policies, p ractices and institutional arrangements, this would mean a yearly gain to the exchequer of the order of $24 million. 2. Procurement Reform and Country Assistance Strategy . In August 2002, the Government’s Poverty Reduction Strategy Paper (PRSP) was endo rsed by the World Bank and International Monetary Fund. One objective is to promote good governance to ensure that public institutions and systems establish an effective incentive system, increase productivity and benefit the poor. The Country Assistance S trategy (CAS) for FY04 - 06, agreed with the Government in line with this objective, emphasizes strengthening economic management; growth; and service delivery. The objectives of the PRSP and the CAS are difficult to achieve without sound public procurement -- based on economy, efficiency and transparency in the use of public funds. The recommendations made in this Report aim to help achieve these objectives. 3. Progress with Procurement Reform . Since the preparation of the diagnostic study on Malawi’s public procurement system in 1996, the Government has made good progress with establishing new – and relatively good – legal framework for procurement reform. But there has not yet been much reform (institutional, practical and oversight). In 2003, the Malawi Pa rliament passed a new procurement law, the Public Procurement Act of 2003, which became effective in August of that year. The new Procurement Act requires procurement regulations to provide, interalia, thresholds for the use of the various procurement meth ods, bid and bid evaluation procedures and contract management 4. In May 2000, the Government summarily transferred the functions of the Malawi Tender Board to the already existing Government Contracting Out Unit (GCU) whose original role was to privatize and “contract out” various service activities of Government. Approval of government tenders was added and “Interim Guidelines” 2 were hurriedly developed to regulate procurement. However, the “Interim Guidelines” are not clear on procurement procedures and do not provide 1 Based on IMF statistical data, IMF Country Report No 02/182 of August 2002. 2 “Interim Procurement Guidelines for Goods, Works, Consultancy Services and Donor - funded projects” of 2000. Page 5 Malawi CPAR, Executive Summary 4 May 24, 2004 for standard bidding documents and manuals. Draft regulations have been in preparation for some time and need to be finalized in order to fill the vacuum created with the enactment of the new Procurement Act. Also, procurement staff need to be trained on the basis of the new Regulations to be able to implement the Procurement Act efficiently. 5. Weaknesses in Current Procurement Performance . The weaknesses in the current procurement procedures are revealed in the survey done in the context of the CPAR for Bank financed projects, as well as in the Country Portfolio Performance Review (CPPR) of February 2003, which identified delays in the procurement process, insufficient capacity, and inadequacies in procurement organization, documents and m anagement. The continued reliance on the Interim Guidelines, which include a number of practices that are considered incompatible with internationally acceptable procurement standards, are also partially to blame for this. Delays in procurement processing due to faulty procurement management are costly to the State in lost benefits that could have been gained by getting projects on stream earlier, had the procedures been handled properly. 6. Objectives of the CPAR . The analysis of the CPAR is carried out ag ainst the five basic pillars of a sound public procurement system, including: (i) a functioning legal, regulatory and institutional framework, (ii) use of modernized procurement procedures and practices; (iii) procurement proficiency of Government staff; (iv) independence of audits and recourse for complaints; and (v) inclusion of anti - corruption measures in the procurement law and application of effective sanctions. In addition, the CPAR analyses the performance of the private sector in public procurement and the procurement performance of Bank financed projects. The analysis has led to the recommendations made below, summarized in the Action Plan, to strengthen each pillar over time. MAIN FINDINGS AND RECOMMENDATIONS 7 . Overall context : Malawi is start ing its procurement reform activities with a clean slate – essentially from scratch; its main existing plank is the relatively good Procurement Act. This poses a positive opportunity for installing a new good public procurement system soon – even the Tend er Board was disbanded in 2000 to enable a fresh start. As shown below, Malawi has intentions to set up an independent Directorate of Public Procurement, it has plans to fully decentralize procurement authorities to implementing agencies through Internal P rocurement Committees (IPCs) and plans to establish a cadre of public procurement professionals to support effective and professional procurement through the IPCs. Government has also re - iterated its strong commitment to eradicate corruption, including in activities related to procurement. 8. The Procurement Act was passed, in 2003, after delays and near derailment. Six months after the Procurement Act became law, the Director of Public Procurement has not been appointed 3 ; hence the Act cannot realistical ly be implemented. The SPUs (Specialized Procurement Units) in the ministries and agencies (to provide professional procurement support to IPCs) are yet to be established and staffed. 9. At this juncture, political commitment is crucial to build on the positive steps already taken and to create a good new procurement system consistent with the vision expressed at the highest political level, from time to time. 3 Subsequently, the Director has been appointed in March/April 2004; the office is yet to be operationalized. Page 6 Malawi CPAR, Executive Summary 5 May 24, 2004 Pillar 1: Legal, Regulatory and Institutional Framework 10. Legal and Regulatory: The Pro curement Act has been made effective but the procurement regulations have yet to be issued. 11 . Institutional Aspects of the Procurement Act. Essential features of the Act are to: (i) Establish the Office of the Director of Public Procurement (DoPP ) responsible for policy and regulations and transfer to DoPP the functions of the provisional General Contracting Out Unit (GCU) established in 2000 when the Malawi Tender Board was abolished. (ii) Decentralize public procurement decisions and responsibi lity to the procuring entities – ministries and other government agencies, through the creation of Internal Procurement Committees (IPCs) and their Special Procurement Units (SPUs). At the time of writing this report: a) the Director of the DoPP had not yet been appointed and the Office was not made operational. 4 b) The SPU (specialized procurement units) in the ministries and agencies are yet to be established and staffed 12. It is highlighted that the location of the DoPP under the President would not be desi rable. It would be organizationally correct, for fiduciary and other reasons, to make the DoPP responsible to the Ministry of Finance. In order to maintain the desirable objective of having DoPP as a strong, properly empowered institution that overseas t he entire procurement policy framework (policy development, Laws and Rules, oversight and enforcement), the Ministry of Finance may have a general ministerial remit over the DoPP, but it should not have managerial authority over the Director of the DoPP. It is recognized that this recommendation may require amendment to the recently enacted Procurement Act. Yet, there is balance of advantage in favor of this change in order (a) to ensure that the fiduciary organizational principles are honored, and (b) to de - link the DoPP from the President and Office of the President and Cabinet (OPC). Such an arrangement would correctly free the President from a responsibility which could otherwise organizationally embroil that exalted position in operational controvers ies and sensitivities that could arise in the sphere of procurement. 5 13. Other institutional issues: The Central Government Stores (CGS) and Plant and Vehicle Hiring Organization (PVHO) have not proven to be successful in practice and not able to keep u p service level. While the Malawi health care system possesses particular features, which together with previous and on - going reform efforts may justify maintaining of the CMS, the same does not apply for the CGS and the PVHO. The latter two organizations provide goods and services, which 4 Please see earlier footnote. 5 This issue was discussed in detail during the CPAR Stakeholders Workshop (May 12 - 13, 2004) in which three options for the locatio n of DoPP were discussed - i.e. (i) MoF; (ii) Office of the President (as per the Act) and (iii) Parliament (PAC). Participants showed no difference in seeing an independent regulatory and monitoring. The general consensus was, however, not to move the DoPP to the MoF for the following main reasons: (i) DoPP will not be responsible for day to day procurement operations and hence concerns on the degree and effects of possible interference would, in practice, be mitigated; (ii) moving the DoPP to MoF can not f ully mitigate the concerns on potential interferences; and (iii) moreover, the Act has just been enacted and, therefore, rather than considering to introduce changes at this moment, it would be preferable to give a “testing period” after which the situatio n would be reassessed depending on the experience of DoPP during the period. Page 7 Malawi CPAR, Executive Summary 6 May 24, 2004 may be acquired readily and at lower prices at the private market. This is highlighted by the fact that procuring entities bypass the CGS and the PVHO. 14. Eventual restructuring/ commercialization / privatisation of CGS/ PVHO could entail social costs through possible retrenchments. However, many of the staff that are active in purchasing activities could be encouraged to qualify (with retraining etc., as needed) for enrolment in the new procurement cadre to be formed. T he cadre is expected to have a structured and attractive career path and salaries. Others would need retraining support for absorption elsewhere in government or to choose other career options. Pillar 2: Procurement Procedures and Practices 15. The 199 6 diagnostic study and subsequent CPAR assessments have found weaknesses in procurement procedures and practices and the lack of effective application and enforcement. In particular, these assessments highlighted the absence of procurement planning leading to direct contracting for “urgent” procurement, lack of standard procurement documents and poor practices including application of preferences in national bidding, negotiations of contract prices for goods and works after bid - award, inconsistent and burde nsome bidder registration procedures, and poor record keeping of procurement decision making. In addition, delays in release and shortage of allocated funds and inadequate contract administration lead to delayed payments to contractors with all its negativ e consequences on the value for money including higher bid prices, implementation delays and interest charges. Pillar 3: Procurement Proficiency 16. Lack of procurement capacity is widely recognized as a main obstacle to efficient public procurement. Pro ficiency in public procurement is not considered important because it does not offer an attractive career path. The new Procurement Act calls for the establishment of a procurement cadre. If the procurement reforms are to succeed, procurement capacity need s immediate and sustained strengthening. Developing comprehensive capacity building strategy based on training need analysis and establishing cadre of procurement specialists within the public service system is of utmost importance for the success of the d ecentralized procurement regime. 17. The Government is to be complemented for taking advance action in training up procurement staff by retaining consultants, over a year ago, for such a task. Funds for this consultancy assignment were provided under a B ank financed TA project with more funds to be provided in follow - on programs, as needed. The DoPP, as the cadre management authority, is responsible to ensure that adequate training is given on an ongoing basis to the staff concerned. Pillar 4: Indep endent Complaints Mechanism and Procurement Audits 18. Bidders do not have access to a formalized mechanism to launch grievances about the bidding process or contract administration. Firms are afraid to launch complaints for fear of retribution and blackl isting. This situation leads to a lack of transparency and credibility of the public procurement system. The new Procurement Act addresses complaint review mechanisms and provides for (i) Administrative Review and (ii) Judicial Review. Lack of resources a nd political interferences should not be allowed to hamper this important role of the DoPP as a credible venue for administrative review of complaints. Procurement audits are carried out rarely because the National Audit Office (NAO) is primarily concerned with financial audits and due to Page 8 Malawi CPAR, Executive Summary 7 May 24, 2004 lack of capacity. With the introduction of a decentralized procurement system, the need for rigorous enforcement of the procurement process becomes accentuated. The DoPP should ensure that IPCs and Controlling Officers are made fully aware of their increased responsibilities and accountabilities in the decentralized procurement regime. It needs to be noted that adequate monitoring and enforcement are some of the pillars of decentralized procurement. Pillar 5: Anti - Corrupti on Measures 19. The weakness of the public procurement system and capacity and also a lack of checks and balances in procurement fiduciary management have contributed to corruptive practices in Malawi. Although the Anti - Corruption Bureau (ACB) has been s trengthened and successfully investigated a number of high profile corruption cases, which the Public Prosecutor has prosecuted, a broader national framework for combating corruption in procurement has yet to be developed. Other Issues Private Sector Pro curement Performance 20. Composition and size of the private sector . The private sector is composed mainly of manufacturing and distribution. Malawi’s manufacturing industry is small, but there are an adequate number of suppliers of imported goods and co mmodities. The capacity of the construction industry is too small to bid for larger contracts (even the largest domestic contractors have an annual turn - over of not more than US$ 5 million). The consulting industry (including general consultancy, architect s and surveyors, economists, auditing and finance) consists mostly of one - person firms. 21. Participation in public procurement. The private sector faces typical constraints in public procurement: difficult access to bank credit, forcing bidders to prov ide their own assets as collateral, slow payments from the Government, and limited financial capacity. Also, bidders are not yet familiar with the new procurement legal framework. E- procurement 22. The new Procurement Act provides for the DoPP to “devise a strategy for, and to promote, the application of modern information and technology communications technology to public procurement”. The overall assessment is that Malawi is ready to introduce the first steps of e - procurement by initiating exchange of p rocurement information through the Internet. Procurement Performance of World Bank financed projects 23. Size and Status of the Active Portfolio. As of September 30, 2003, 13 projects have a total commitment of US$454 million, concentrated in the social sectors, representing more than 50%. About 10 projects are in the pipeline. The latest government/ World Bank performance progress report (end of September 2003) indicates that the number of problem projects have been reduced to zero. Despite the successe s, inadequate budget allocations and delayed release of counterpart funds are still a challenge for effective implementation. Page 9 Malawi CPAR, Executive Summary 8 May 24, 2004 24. Procurement Implementation of the Portfolio . Procurement performance of Bank financed projects reflect the general deficienc ies of public procurement in Malawi mentioned above and the recommendations below for better performance mirror the recommendations made for strengthening the five pillars. GENERAL RISK ASSESSMENT 25. Possible Risks. The on - going legal reforms undersco re the large gap between previous and existing rules, the current procurement practices and the new Procurement Act. This gap is caused in part by lack of capacity and knowledge and in part by corrupt behavior that is allowed to flourish because of weak en forcement. A major concern is that the gains in procurement reform are not validated if the reforms are not rigorously promoted and enforced. 26. Malawi is not alone in facing this risk as many African nations, which are reforming their procurement fiduci ary management systems, are in various degrees confronted with the same problem. The progress Malawi has made since publication of the Diagnostic Study in 1996 is commendable. However, much needs to be done to achieve the goals of the reforms. Compared to other African nations carrying out similar reforms, the overall risk that the reforms might fail is considered “average”. Proactive and sustained involvement of the Government, private sector, civil society, and the donor community is needed to mitigate th e risks and to overcome possible setbacks. The general risk assessment is summarized in the table attached to this summary. RECOMMENDED ACTION PLAN 27. Clearly, the procurement reform process involves managing a substantial transformation that the CPAR’s recommendations entail. The importance of instituting proper measures for change management cannot be overstressed. Further, there should be a “champion” for this change. This role would fall upon the DoPP. In addition to the political commitment neede d for driving the changes needed, strong efforts will be needed by the “champion” to move the procurement reforms forward to effective implementation. 28. From the detailed list of proposed action plan at the end of this report, the key actions to be t aken are attached to this Executive Summary. Success factors for the implementation of the Action Plan summarized in the table below include: (a) Commitment at the highest level and oversight of the reforms through the creation of a high level steering commit tee of senior government officials and other key stakeholders. (b) Proper costing of the Action Plan and preparation of detailed implementation and financing plan. (c) Support from donors, including the World Bank, to finance the reforms and technical assistance in the implementation of the Action Plan (d) Building consensus among all key stakeholders on the procurement reform strategy and ensure their full participation in the process. (e) Assigning clear responsibility and accountability for the success of the strate gy. Page 10 Malawi CPAR, Executive Summary 9 May 24, 2004 (f) Identifying a list of milestones or major immediate progress points; and (g) Identifying key performance measures to be monitored throughout the implementation of the strategy and creating an information system to record progress. 29. Financing and M onitoring of the Action Plan: Financing may be considered from the Financial Management, Transparency and Accountability Project (FIMTAP), and other development partners. 30. The CPAR key findings and the attached Action Plan were discussed in detai l in a CPAR Workshop (May 12 - 13) that clearly demonstrated full ownership of the government and concerned key stakeholders. Stakeholders discussed and accepted the Action Plan with few constructive comments. Subsequent to the workshop, out of the short - ter m actions, actions of absolute priority have been identified and DoPP is working on them. The framework for preparing a detailed costed work plan based on the CPAR Action Plan has also been discussed with DoPP and it has already started to prepare its work plan and fund requirements for implementing the procurement reforms to enable timely sourcing of funds from the government, the World Bank and other donors. Page 11 Malawi CPAR, Executive Summary 10 May 24, 2004 - Action Plan Short term (0 - 2 years) Medium Term (3 - 4 years) Responsibility Pillar 1: Legal, Re gulatory and Institutional DoPP to be staffed and provided with necessary budgetary resources. Immediately initiate studies to clearly recommend the future of CGS and PVHO. Strengthening of DoPP should continue. Take concrete measures to implement recom mendations on CGS and PVHO. 6 To minimize social impact and to maximize utilization of resources due to potential changes in CGS, consider, with re - training, assigning relevant CGS staff to fill SPUs. Government Create Internal Procurement Committees (IPCs ) and their Special Procurement Units (SPUs) Central Medical Stores (CMS) to be reorganized and adopt cost effective procurement procedures to ensure “value for money” Government/DoPP Regulatory Procurement Regulations to be finalized as soon as possible and widely disseminated to procurement staff. Study and design Management Information System (MIS) Full adherence to Procurement Regulations. Implementation of IMS through set - up and training of decentralized IPCs and SPUs DoPP/IPCs/SPUs Pillar 2: Procu rement Procedures and Practices Prepare standard bidding and contract documents Ministries/Gov. Agencies should ensure that procurement planning is carried out on annual basis and performance against plan monitored. DoPP should verify proper application of procurement planning as part of post reviews. Responsible Ministries and Agencies/DoPP DoPP to exercise quality control Bidder registration should be simplified DoPP Procuring entities to set up and use efficient record systems Record systems to be v erified and improved DoPP/IPCs/SPUs Pillar 3: Procurement Proficiency Potential procurement staff to fill the Specialized Procurement Units (SPUs) be identified by competent institution or firm carrying out skills assessment A career path to be devised f or procurement staff, with adequate financial incentives - create procurement cadre in the civil service system Government/DoPP Provide basic and advanced procurement training on the basis of the new procurement regime to address immediate competence gaps DoPP to issue ethical standards for procurement staff. Performing procurement staff to be “Procurement accredited” and given appropriate incentives DoPP Pillar 4: Independent Complaints Mechanism and Procurement Audits DoPP to establish a unit dealing wi th bidder complaints Bidder complaints mechanism to function effectively DoPP NAO to strengthen its audit capacity with procurement proficient staff Systematic procurement audits by DoPP with clear performance indicators, at both central and local levels. Government/DoPP 6 On CGS: During the CPAR stakeholders’ workshop and subsequent meetings, the government has affirmed that it will, as a priority, form a team to closely study CGS and provide its recommendations to government. On PVHO: the initial procurement processes (under a Bank financed Project) are underway to enable the employment of a consultant to study PVHO more closely and provide its recommendations on the future of the organization. Page 12 Malawi CPAR, Executive Summary 11 May 24, 2004 - Short term (0 - 2 years) Medium Term (3 - 4 years) Responsibility DoPP to build - up a capacity to carry out “post procurement review” and to undertake procurement audits, either on its own or in collaboration with NAO. Clarify and elaborate roles of DoPP vis - ŕ - vis NAO in conducting procurement auditin g, and formalize cooperation between the two institutions Government/DoPP/NAO Pillar 5: Anti - Corruption Measures Internal controls and audit functions, and oversight bodies within Parliament, such as Parliamentary Select Committees, to be strengthened DoPP to establish a website and publish procurement information, advertisements, awards, guidelines, etc. to enhance transparency and access to information on procurement procedures Government/DoPP/Parliame nt Anti - Corruption Bureau (ACB) to be assisted i n developing a National Anti - Corruption Strategy. Prepare Action Plan to combat corruption in procurement, with broad involvement of the Government and civil society Operational links to be established between the procurement and contracts investigation un it of the ACB and the monitoring unit of the DoPP Government/DoPP/ACB Develop and enforce code of conduct for civil servants in procurement DoPP to verify compliance with code of conduct of civil servants in procurement (continuous) Government/HRMD - OPC/ DoPP Establish hotline for disclosure of misconduct within public procurement, either linked to the DoPP or to the already existing corruption hotline operated by the ACB Introduce a capacity building scheme to involve NGOs in public procurement monitorin g. Conduct a country - wide information campaign about the responsibility and avenues of disclosing information on violations of the procurement procedures DoPP/ACB Private Sector Procurement Performance DoPP to organize business seminars to familiarize th e private sector with the new Procurement Act and the contents of the Regulations DoPP to hold regular sessions, if possible twice during the year, with the private sector and members of civil society to establish and maintain a dialogue on public procurem ent DoPP/Private sector organizations/Civil Society Executing agencies to take immediate measures to improve their contract monitoring and payment system and liaise better with the budgetary mechanism to ensure availability of funds when payments are need ed DoPP to use its website to provide regular pertinent information to the private sector on public procurement matters. DoPP DoPP to ensure that Procurement Regulations include clear guidelines on the amounts and maximum levels of bid - and performance se curities. DoPP to consider establishing a guarantee scheme or another similar support mechanism (excluding subsidy) that may lower the cost of capital, letters of credit, performance and bid securities. DoPP/banking system E - Procurement Procurement Per formance of World Bank financed projects Procurement staff to be recruited prior to procurement activities, and procurement training to be organized from inception. Action to continue Executing agencies/World Bank Procurement staff to be trained in prepa ring and updating procurement plans. All new projects should have acceptable procurement plans prior to negotiations and the plans should be updated in an acceptable manner regularly. Action to continue Executing agencies/World Bank Annual Post Procuremen t Reviews to cover all projects Action to continue Executing agencies/WB Page 13 Malawi CPAR, Executive Summary 12 May 24, 2004 GENERAL RISK ASSESSMENT Risk to Be Managed What Can Happen How Can It Happen Measures New DoPP not acting in its policy capacity Procurement policy and strengthening of the procur ement system do not materialize DoPP focuses on monitoring as with the old GCU.  Allocate adequate resources and training to the DoPP  Separate functions within the DoPP and put different persons in charge of monitoring and policy DoPP not able and/or equipped to monitor public procurement adequately Sub - standard procurement performance and general lack of oversight Information Management System (IMS) is not put in place DoPP fails to develop good collaboration with decentralized procurement units Dev elop IMS and ensure implementation through proper roll - out and training of decentralized IPCs and SPUs Poor dissemination of Procurement Act and supporting legal instruments Even though the Procurement Act is enacted, its impact is limited Regulations are not prepared or disseminated. Procuring entities continue “business as usual”  Develop Procurement Regulations for central and local authorities and promote use  Develop and disseminate standard procurement documents and promote use Weak compliance wi th new procurement rules Procurement Act and new regulations are implemented slowly Lack of enforcement allows old practices to continue. Lack of proper procurement audits prohibits adequate enforcement measures  Strengthen enforcement and procurement audit functions of the DoPP  DoPP to function as a credible avenue of complaint on procurement issues Inefficient bidders’ registration system Bidders continue to be burdened with cumbersome registration procedure. Prevailing registration system is not modernized.  Launch general assessment of the need for registration systems  Streamline registration system and procedures Local government procurement continues to be flawed with irregularities Local communities continue to mistrust public authoritie s and cast doubt on public spending Lack of attention to local government procurement  DoPP to monitor local government procurement  Local communities and NGOs should be involved in monitoring public procurement at local level  Training and capacity building measures should be taken for local government procuring units Reluctance/ failure to restructure/ commercialise/ privatise CGS / PVHO GOM will not benefit from more competitive market prices Lack of political will to seriously consider the future of these organizations  GOM to seriously consider the future of these organizations as a priority measure Page 14 Malawi CPAR, Executive Summary 13 May 24, 2004 Risk to Be Managed What Can Happen How Can It Happen Measures Lack of procurement capacity in decentralized units lead to delays and/or i rregularities in public procurement Institutional set - up not in place (i.e. IPCs and SPUs) Individuals responsible for procurement not conversant with new procurement regime Decentralization is not properly planned and executed Insufficient resources allo cated to fund the reform process Insufficient capacity building of procurement entities  Detailed operational plan for decentralization should be developed and executed  Government to allocate funds for capacity building and training and seek donor fu nding  Comprehensive procurement training strategy developed and implemented High level of corruption in public procurement Cost increases in public contracts Waste of scarce public funds Contracts are not or only partially completed and are of unsatisfa ctory quality Low salaries of Government staff do not provide incentives to apply new procurement regulations Lack of investment creates severe competition for public contracts Weak public sector managerial accountability and transparency contributes to co rruptive practices  Increase support to oversight, audit and investigative bodies such as the DoPP, NAO and ACB  Establish monitoring mechanisms  Implement transparency measures in public procurement  Enforce ethical standards for public employees  Conduct information and sensitization activities Page 15 Malawi CPAR, Executive Summary 14