Public Construction Procurement - Key Cases Defining the Public Procurement Landscape
Cambodia Public Procurement System
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Transcript of Cambodia Public Procurement System
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Procurement Reform
Program
Cambodia
By Pen Thirong (DIC) and Huot Vathana(DPP)
Ministry of Economy and Finance
Hanoi, Vietnam
Nov. 30 Dec. 01, 2010
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Public Procurement System in Cambodia
No Public Procurement Law Governed by two Sub-Decrees setting outprinciples, responsibility, accountability and
implementing rules and regulations: For externally assisted projects: Procurement Manualand Standard Operating Procedures were issued inFebruary 2007
For domestically financed projects: Sub-Decree onNational Public Procurement as well as ImplementingRules and Regulations were issued in 2006 & 2010
These have led to different institutionalarrangements
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Major Issues for DPs Funded Projects
Long Delays in Procurement Process Inconsistencies in procedures among DPs, EAs
Delays in DP Response Time
Delays in Start Up Activities like completion of
detailed designs, recruitment of project managementconsultants, although advance action allowed
Lack of Competition Domestic capacity of contractors, manufacturers
Lack of responsiveness due to lack of understandingof bidding requirements
Collusive practices by bidders
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Major Issues for DPs Funded Projects
Insufficient capacity Lack of procurement expertise in EAs/IAs
Lack of national procurement professionals
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E Procurement
No E Procurement in Public ProcurementSystem in Cambodia. This is one of outputstargeted by the Department of Public
Procurement (DPP) under PFM ReformProgram. However, implementation of actionplan may be delayed
Public Procurement and Private Sector Capacityin procurement is not sufficiently developed tointroduce E Procurement at this stage
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Professionalism and Training
Cambodia suffers from lack of human resourcesskills in procurement both at the public andprivate sector levels
No Learning Institution in the country offeringstructured skills training and education inprocurement area/field
Training mostly provided in the Public Sectorthrough ah hoc and short term training
Currently, MEF facilitates or provides trainingprogram to EAs and LMs
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Planned Capacity Building (Now-2013)
MEF has prepared a Capacity Building Programwith Two Phase Approach
Phase I (by DIC)
Structured Short to Medium Terms Training of EAsOfficers by international experts/DIC staff
Interim Certification of Procurement Professionalsbe provided
Use EFI as a National Learning Institution Training of Trainers
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Planned Capacity Building (Now-2013)
Phase II (long-term: by DPP) Development of single public procurement
implementing rules and regulations
Establishment of a National Learning Institution
Professional Certification Program for Membershipto International Institutes for ProcurementProfessionals including Twining Arrangement withinternational procurement training institute
Provision of training program in country wide toprocurement officers of both national and sub-national levels
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Current Legal Framework & Reform
Article 70 of Public Financial System Lawempowers MEF with function of publicprocurement management
Recently adopted Anti-Corruption Law
Civil Servant Code RGC is carrying out Public Procurement
Reform under the PFM Reform Program DPP is preparing the reform framework
including Draft Public Procurement Law DPP in MEF is responsible for policy
development and regulatory functions, includingauditing role
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Current Legal Framework & Reform
Current Legal Framework (2 Sub-Decrees) Sub-Decree on public procurement for use with
externally financed projects (PM) Sub-Decree and implementing rules and regulations
on procurement under domestically funded projects For externally funded projects, Complaint
Handling Mechanism and Sanction Policy Follow international best practices (ADB&WB) Anti-Corruption Law adopted by legislative bodies
and Anti-Corruption Institution established
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Current Legal Framework & Reform
Civil Servant Code SOP/PM/FMM for use with externally financed
projects are being reviewed and updated. Procedureson complaint handling mechanism and sanctionpolicy be further reviewed and updated consistentlywith Anti-Corruption Law and its action plan
Law on Public Procurement is being drafted byDPP in consultation with all stakeholders
Website on PP is being designed
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Important Initiatives
Comprehensive Capacity Building in
Procurement in Rural Development Ministries isimportant to help delivery of public services tobenefit the rural citizen
Review and update of SOP and PM (to be completedby June 2011)
Mandatory Use of Procurement Tracking Formfor monitoring of procurement
Bench Marking- maximum time allowed for eachactivity under procurement cycle mandated underthe PM
Exit from IPA arrangement (for WB funded projects)
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Important Initiatives
Country wide training program for RGCs civil
servants (PFM Reform Program) inprocurement area
Establishment of the National LearningInstitution for PP professionalism and conducttraining activities
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Thank You!