Publication: Turkey : Country Procurement Assessment Report
Loading...
Date
2001-06
ISSN
Published
2001-06
Author(s)
Editor(s)
Abstract
Public procurement legislation in Turkey has not kept pace with the sweeping reforms undertaken in the national procurement systems of many other countries during the same period nor with the development of internationally recognized bodies of procurement legislation, such as those of United Nations Commission on International Trade Law (UNCITRAL), the European Union (EU) and the World Trade Organization (WTO). Following Turkey's acceptance, in December 1999, as a candidate country for accession to the EU, the Government has committed itself to achieving approximation and, eventually, alignment with EU law in many areas, including public procurement. To that end, the MOF and MPWS have already begun the process of drafting a new public procurement law, a draft of which has already been promulgated within Government and on which both the World Bank and the European Commission have offered their comments. Clearly, it is essential that this new draft law should not only make up the ground lost in the 17 years since the GPL was last amended but also bring the Turkish law up to date with recognized models of best practice and achieve an appropriate degree of approximation with the EU Directives. However, it is unlikely that approximation, let alone full alignment, can be achieved with a single reform of the law. Rather, it is recommended that the Government should aim to develop a new public procurement law which meets the standards of transparency, accountability and competitiveness set by the UNCITRAL Model Law but which also balances the need to prepare a path towards increasing harmonization with the EU Procurement Directives. This report also recommends that: 1) The Government should make it a top priority to draft a new national public procurement law and submit it to the Turkish Grand National Assembly by October 2001. This new law should meet the standards of transparency, accountability and competitiveness enshrined in the UNCITRAL Model Law. The new draft law should be developed with appropriate input from Turkey's key development partners, primarily the World Bank and the European Union, and should be discussed and agreed with them. The new law should also be underpinned by detailed implementing regulations, to be developed and issued shortly after the enactment of the new law. 2) The scope of the law should cover all public procurement for which budgetary resources (such as the general and annexed budgets) and extra-budgetary resources are used, including the non-commercialized stat economic enterprises. 3) In drafting and enacting the new public procurement law, the Government should ensure an adequate level of consultation with both the public and private sectors. To achieve this, an inter-ministerial Drafting Committee should be entrusted with responsibility for drafting the new public procurement law and should be supported by specialist international procurement law experts. 4) To complement these measures, the Government should put in train a planned and progressive program of legislative reform in order to move Turkey's public procurement legislation, over the medium term, to alignment with the EU Procurement Directives by the time Turkey accedes to the European Union.
Link to Data Set
Citation
“World Bank. 2001. Turkey : Country Procurement Assessment Report. © World Bank. http://hdl.handle.net/10986/14326 License: CC BY 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Former Yugoslav Republic of Macedonia : Country Procurement Assessment Report(Washington, DC, 2002-06)The emergency nature of many of the measures taken to meet the challenges which Macedonia has faced in recent years, including the Kosovo crisis and the recent threat to the country's security, has contributed to a general laxity in the enforcement of the country's laws, including the LPP. Compliance with the procurement law has been further undermined by the absence of the institutional machinery necessary to support implementation, particularly an authoritative body to oversee enforcement and provide institutions operating under the law with guidance on its application. Whilst the Ministry of Finance (MOF) is formally charged with authority over public procurement, it is only recently that MOF has dedicated resources to perform key oversight functions. That said, the MOF unit charged with this onerous obligation, the Public Procurement Division of the Ministry's Legal Department, lacks the stature and capacity to discharge its functions effectively. Furthermore, the institutions which should play an indispensable role in performing oversight of public procurement, including the State Auditor's Office, have not yet been operating effectively. Weak enforcement is further exacerbated by a low level of awareness of the law's provisions, the roots of which lie partly in inadequate dissemination, and by the absence of sufficient numbers of public officials trained in procurement, a shortcoming which is particularly acute in self-governing units of local government. Most public officials who carry out procurement are inexperienced and lack the procurement-specific training necessary to apply the law accurately. There is also a severe problem of excessive political interference in contract award decisions in Macedonia. This is not only invited by the absence of an effective oversight institution but is, in fact, formalized by the common practice, enshrined in the LPP, of assigning to high-ranking political officials, in particular Ministers, the authority to award procurement contracts. The assessment also found evidence of many bad practices which are routinely applied to procurement in Macedonia. Principal among these is that, instead of providing bidders with formal, written bidding documents, public purchasers often only advertise an invitation to bid in a local newspaper as the sole means for soliciting bids. Such advertisements regularly include the cost estimate for the contract being tendered, the publication of which may facilitate collusion and price-fixing among bidders. Other practices which obstruct transparency include failing to disclose bid evaluation criteria to bidders in advance, the widespread use of subjective methods of evaluating bids and over-use of an "accelerated procedure" provision in the LPP, by which the period allowed to bidders to prepare their bids may be reduced from 36 days to 15 days or less. This is clearly open to manipulation by purchasers who want to give an unfair advantage to a favored bidder. Several more examples of bad practices identified by the assessment are provided in Section 2 of this report, with detailed recommendations to address them presented in Section 2.3. In order to address these weaknesses, this report recommends a number of short- term measures, designed to plug the most pressing gaps in Macedonia's national public procurement system, combined with longer-term recommendations aimed at more wide-reaching reform and development of the legal and institutional framework for procurement.Publication Republic of Kazakhstan : Country Procurement Assessment Report(Washington, DC, 2002-06)This Country Procurement Assessment Report (CPAR) is the first such report carried out for the Republic of Kazakhstan. It is based on an extensive review, qualitative analysis and discussion on the procurement environment in the Republic of Kazakhstan. The report includes: (i) the compatibility or otherwise of the national public procurement regime with the Bank's Procurement Guidelines; (ii) past performance in administration of procurement process under the Bank supported operations; (iii) a general assessment of legal, institutional and other risks associated with the public procurement in the country; (iv) impact of various other regulatory regimes (e.g. foreign exchange, taxation and banking system etc.), on public procurement; (v) an assessment of current commercial procurement practices; and (vi) effectiveness of existing accountability and anti corruption framework. The report is organized in two volumes and a set of annexes. Volume I presents the summary of findings and recommendations, and the agreed action plan. Volume II contains factual material, analysis and discussions of procurement environment in the country.Publication Vietnam - Country Procurement Assessment Report : Transforming Public Procurement(Washington, DC, 2002-10-01)The transition from a centrally planned economy to a "socialist oriented market economy" in Vietnam has called for comprehensive changes in the legal framework of the State. The last ten years have witnessed great progress in the development of the Vietnamese legal system, both in substantive and procedural matters. A number of important legal instruments have been promulgated, such as the Constitution in 1992; the Land Law in 1993; and the Civil Code in 1996. More recent normative instruments include the Commercial Law of 1997 and various Ordinances and Regulations on matters such as foreign investment, management of investment and construction, national bidding procedures, conduct of public employees, control of corruption and thrift in the use of public funds. Procurement in the public sector in Vietnam was governed mainly by Decrees issued by the Government. The key existing legal instruments governing public procurement are summarized in Table 1. In addition, there are other Decrees and Inter-Ministerial circulars, which contain provisions concerning public procurement and use of public funds. The report discusses key issues such as the legal and regulatory framework; procurement procedures and practices; institutional framework; human resources and procurement capacity; state-owned enterprises and gives recommendations. Annexes include: (a) A Review of the 5th Draft of Vietnam Public Procurement Ordinance; (b) A: Legal Framework; (c) Trade Practices; (d) Financial Framework; (e) Public Sector Procurement of Goods/Works; (f) Public Sector Selection of Consultants; (g) Procurement Performance ; (h) Private Sector Procurement; (ix) Checklist Comparing NCB Procedures and World Bank Policy; (i) Classification of Investment Projects; (j) : Available Methods for the Selection of Bidders (k) Construction Industry Reform - Summary Report; (l) Summary of Pertinent Laws and regulations; and (m) NCB Acceptability - Proposed Provisions for Bank legal agreements.Publication Nepal : Country Procurement Assessment Report(Washington, DC, 2002-04-11)The ratio of projects at risk is 44 percent, which is much higher than a 20 percent Bank-wide average. The main problems seem to be an insufficient capacity to undertake procurement efficiently and an outdated system of procurement rules, many of which do not provide for transparent and competitive public purchasing of goods, works, and consultants' services. The report recommends the following: 1) Enact a modern, transparent, and competitive public procurement law, based on the UNCITRAL Model Law for Procurement, to apply to public procurement by all public entities in Nepal at all levels, as well as to parastatals. 2) create a small, independent procurement agency, with functions defined by the Public Procurement Law. 3) Pending the enactment of such a law, amend the Financial Administration (Related) Rules (FAR '99) to change the anti-competitive rules and practices listed in this report's Executive Summary. 4) Review and develop as needed standard bidding documents. 5) Develop and accelerate procurement training at all government levels. 6) Instruct the Auditor General's staff to assist on applying the donor's procurement rules and not local procurement rules. 7) Amend the anti-corruption legislation to impose harsh penalties and encourage reporting acts of corruption.Publication Pakistan : Country Procurement Assessment Report(Washington, DC, 2000-06-30)This report analyzes Pakistan's procurement system, and presents an extensive set of recommendations for strengthening same. It reviews the legal, and regulatory framework, as well as the mandatory registration and/or pre-qualification of suppliers, and contractors, and negotiation practices, and, analyzes bidding document issues for recommendation. Human resources development, auditing practices, and anti-corruption measures are features assessed, in order to be improved to conform with good, and efficient procurement practice. Among its major findings, the report stipulates that the country's procurement practices are governed by a set of outdated rules, and regulations, the application of which is aggravated by growing procedures, which deviate competition for government business, through widespread latitude in the application (or disregard) of rules, and procedures. And, in theory, the advanced, pre-determined selection practice in the bidding process, and setting cost parameters according to a Schedule of Rates (SOR), has proven harmful, a practice which not only excludes outside firms, but produces cost estimates so low as to deter bids, leaving the field to insiders. Recommendations include a prompt enactment of transparent public procurement legislation; creation of an independent regulatory agency to develop a procurement framework, confined to policy, and development of rules; abolishment of anti-competitive practices; and, amendment of the Arbitration Act (1940), to ensure a majority vote arbitration.
Users also downloaded
Showing related downloaded files
Publication The Journey Ahead(Washington, DC: World Bank, 2024-10-31)The Journey Ahead: Supporting Successful Migration in Europe and Central Asia provides an in-depth analysis of international migration in Europe and Central Asia (ECA) and the implications for policy making. By identifying challenges and opportunities associated with migration in the region, it aims to inform a more nuanced, evidencebased debate on the costs and benefits of cross-border mobility. Using data-driven insights and new analysis, the report shows that migration has been an engine of prosperity and has helped address some of ECA’s demographic and socioeconomic disparities. Yet, migration’s full economic potential remains untapped. The report identifies multiple barriers keeping migration from achieving its full potential. Crucially, it argues that policies in both origin and destination countries can help maximize the development impacts of migration and effectively manage the economic, social, and political costs. Drawing from a wide range of literature, country experiences, and novel analysis, The Journey Ahead presents actionable policy options to enhance the benefits of migration for destination and origin countries and migrants themselves. Some measures can be taken unilaterally by countries, whereas others require close bilateral or regional coordination. The recommendations are tailored to different types of migration— forced displacement as well as high-skilled and low-skilled economic migration—and from the perspectives of both sending and receiving countries. This report serves as a comprehensive resource for governments, development partners, and other stakeholders throughout Europe and Central Asia, where the richness and diversity of migration experiences provide valuable insights for policy makers in other regions of the world.Publication Media and Messages for Nutrition and Health(World Bank, Washington, DC, 2020-06)The Lao People’s Democratic Republic (Lao PDR) has experienced rapid and significant economic growth over the past decade. However, poor nutritional outcomes remain a concern. Rates of childhood undernutrition are particularly high in remote, rural, and upland areas. Media have the potential to play an important role in shaping health and nutrition–related behaviors and practices as well as in promoting sociocultural and economic development that might contribute to improved nutritional outcomes. This report presents the results of a media audit (MA) that was conducted to inform the development and production of mass media advocacy and communication strategies and materials with a focus on maternal and child health and nutrition that would reach the most people from the poorest communities in northern Lao PDR. Making more people aware of useful information, essential services and products and influencing them to use these effectively is the ultimate goal of mass media campaigns, and the MA measures the potential effectiveness of media efforts to reach this goal. The effectiveness of communication channels to deliver health and nutrition messages to target beneficiaries to ensure maximum reach and uptake can be viewed in terms of preferences, satisfaction, and trust. Overall, the four most accessed media channels for receiving information among communities in the study areas were village announcements, mobile phones, television, and out-of-home (OOH) media. Of the accessed media channels, the top three most preferred channels were village announcements (40 percent), television (26 percent), and mobile phones (19 percent). In terms of trust, village announcements were the most trusted source of information (64 percent), followed by mobile phones (14 percent) and television (11 percent). Hence of all the media channels, village announcements are the most preferred, have the most satisfied users, and are the most trusted source of information in study communities from four provinces in Lao PDR with some of the highest burden of childhood undernutrition.Publication South Asia Development Update, April 2024: Jobs for Resilience(Washington, DC: World Bank, 2024-04-02)South Asia is expected to continue to be the fastest-growing emerging market and developing economy (EMDE) region over the next two years. This is largely thanks to robust growth in India, but growth is also expected to pick up in most other South Asian economies. However, growth in the near-term is more reliant on the public sector than elsewhere, whereas private investment, in particular, continues to be weak. Efforts to rein in elevated debt, borrowing costs, and fiscal deficits may eventually weigh on growth and limit governments' ability to respond to increasingly frequent climate shocks. Yet, the provision of public goods is among the most effective strategies for climate adaptation. This is especially the case for households and farms, which tend to rely on shifting their efforts to non-agricultural jobs. These strategies are less effective forms of climate adaptation, in part because opportunities to move out of agriculture are limited by the region’s below-average employment ratios in the non-agricultural sector and for women. Because employment growth is falling short of working-age population growth, the region fails to fully capitalize on its demographic dividend. Vibrant, competitive firms are key to unlocking the demographic dividend, robust private investment, and workers’ ability to move out of agriculture. A range of policies could spur firm growth, including improved business climates and institutions, the removal of financial sector restrictions, and greater openness to trade and capital flows.Publication Remarks at the United Nations Biodiversity Conference(World Bank, Washington, DC, 2021-10-12)World Bank Group President David Malpass discussed biodiversity and climate change being closely interlinked, with terrestrial and marine ecosystems serving as critically important carbon sinks. At the same time climate change acts as a direct driver of biodiversity and ecosystem services loss. The World Bank has financed biodiversity conservation around the world, including over 116 million hectares of Marine and Coastal Protected Areas, 10 million hectares of Terrestrial Protected Areas, and over 300 protected habitats, biological buffer zones and reserves. The COVID pandemic, biodiversity loss, climate change are all reminders of how connected we are. The recovery from this pandemic is an opportunity to put in place more effective policies, institutions, and resources to address biodiversity loss.Publication Economic Recovery(World Bank, Washington, DC, 2021-04-06)World Bank Group President David Malpass spoke about the world facing major challenges, including COVID, climate change, rising poverty and inequality and growing fragility and violence in many countries. He highlighted vaccines, working closely with Gavi, WHO, and UNICEF, the World Bank has conducted over one hundred capacity assessments, many even more before vaccines were available. The World Bank Group worked to achieve a debt service suspension initiative and increased transparency in debt contracts at developing countries. The World Bank Group is finalizing a new climate change action plan, which includes a big step up in financing, building on their record climate financing over the past two years. He noted big challenges to bring all together to achieve GRID: green, resilient, and inclusive development. Janet Yellen, U.S. Secretary of the Treasury, mentioned focusing on vulnerable people during the pandemic. Kristalina Georgieva, Managing Director of the International Monetary Fund, focused on giving everyone a fair shot during a sustainable recovery. All three commented on the importance of tackling climate change.