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2007 Assessment

Algeria: Integrity Indicators Scorecard

Algeria: Integrity Scorecard Report > Sub-Category: Procurement
Indicators		Score
48	Is the public procurement process effective?	68
49	Can citizens access the public procurement process?	83

Indicator and sub-Indicator Details

Is the public procurement process effective?

48a: In law, there are regulations addressing conflicts of interest for public procurement officials.

Score:

YES

Comments: The above mentioned article of the law states that the abuse of the function of the position by a government agent for his or her private advantage is to be punished with imprisonment between two and ten years and a fine between 200,000 and 1,000,000 dinars.

References: Law No. 06/01 for the prevention and the fight against corruption from 20 February 2006. Title 4, Article 33. [ LINK ]

48b: In law, there is mandatory professional training for public procurement officials.

Score:

YES

Comments: Mandatory regular professional training for public procurement officials does not exist.

References: Mandatory regular professional training for public procurement officials does not exist.

Peer Review Comments: The training of officials exists, but is not mandatory and irregular.

48c: In practice, the conflicts of interest regulations for public procurement officials are enforced.

Score:

100

Comments:

References: Interview with government official who wishes to remain anonymous. Date: August 2007.

48d: In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials.

Score:

YES

Comments: The above mentioned section of the decree details the control mechanisms of government procurement activities.

References: Décret présidentiel n° 02-250 du 13 Joumada El Oula 1423 correspondant au 24 juillet 2002 portant Réglementation des marchés publics. modifié et complété par le décret présidentiel n° 03-301 du 11 Septembre 2003 Title 5, Section 1 [ LINK ]

48e: In law, major procurements require competitive bidding.

Score:

YES

Comments: The above-mentioned part of the presidential decree for public procurement contains the regulation for competitive bidding.

48f: In law, strict formal requirements limit the extent of sole sourcing.

Score:

YES

Comments: The above-mentioned part of the presidential decree for public procurement contains the regulation for sole sourcing ("consultation sélective").

Peer Review Comments: Sole sourcing is limited to specific, tightly defined conditions, such as when a supplier is the only source of a skill or technology or when the competition is inefficient and funds are limited.

48g: In law, unsuccessful bidders can instigate an official review of procurement decisions.

Score:

YES

Comments: The above-mentioned decree regulates the review process in case of bidding rejections. The review institution is the "commission nationale des marchés".

48h: In law, unsuccessful bidders can challenge procurement decisions in a court of law.

Score:

YES

Comments: The above-mentioned decree mentions the possibility of a judicial review process in case of bidding rejections.

48i: In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.

Score:

YES

Comments: The above-mentioned articles state the conditions of breaking off a contract because of contract violations by a contractor. They do not state, however, that the contractor cannot obtain a new contract through a renewed bidding.

48j: In practice, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.

Score:

100

Comments:

References: Interview with government official who wishes to remain anonymous. Date: August 2007.

Can citizens access the public procurement process?

49a: In law, citizens can access public procurement regulations.

Score:

YES

Comments: The above-mentioned decree is available on the Internet.

49b: In law, the government is required to publicly announce the results of procurement decisions.

Score:

YES

Comments: The above mentioned decree proscribes the public announcement of the bidding contest and the final choice of the bidder by the Algerian government.

49c: In practice, citizens can access public procurement regulations within a reasonable time period.

Score:

100

Comments: "The regulations are available through the Internet."

References: Interview with government official who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: The availability is not verified in all cases, but the information is published in newspapers.

49d: In practice, citizens can access public procurement regulations at a reasonable cost.

Score:

100

Comments: "The regulations are published on the Internet."

References: Interview with government official who wishes to remain anonymous. Date: August 2007.

49e: In practice, major public procurements are effectively advertised.

Score:

100

Comments:

References: Interview with government official who wishes to remain anonymous. Date: August 2007.

49f: In practice, citizens can access the results of major public procurement bids.

Score:

100

Comments:

References: Interview with government official who wishes to remain anonymous. Date: August 2007.