| Bangladesh: Integrity Scorecard Report > Sub-Category: Procurement | ||
| Indicators | Score | |
| 48 | Is the public procurement process effective? | 88 |
| 49 | Can citizens access the public procurement process? | 88 |
Indicator and sub-Indicator Details
| 48 | Is the public procurement process effective? | |||||||
| 48a: In law, there are regulations addressing conflicts of interest for public procurement officials. | ||||||||
|
||||||||
|
Comments: References: Government of Bangladesh, Public Procurement Regulations 2003, , Bangladesh Ministry of Planning, Government of the Peoples Republic of Bangladesh, March 2004, " "The Procedures for Implementation of the Public Procurement Regulations 2003", p. 4-5.
|
||||||||
| 48b: In law, there is mandatory professional training for public procurement officials. | ||||||||
|
||||||||
|
Comments: According to regulation 5 of the Procedures for Implementation of the Public Procurement Regulations 2003, all persons undertaking procurement using public funds should have received training in procurement, particularly in regard to the application of the Regulations, the procedures and Standard Tender Documents/the Standard Request for Proposals . References: Government of Bangladesh, Public Procurement Regulations 2003, Bangladesh Ministry of Planning, Government of the Peoples Republic of Bangladesh, March 2004, T The Procedures for Implementation of the Public Procurement Regulations 2003 .
|
||||||||
| 48c: In practice, the conflicts of interest regulations for public procurement officials are enforced. | ||||||||
|
||||||||
|
Comments: The public procurement process is very slow. The average time from inviting of bids to awarding of contracts is 14 months. The average size of the bribe is 4 percent of the contract value (World Bank, 1999). Rules are often manipulated to fit particular providers. Conspiracy between political leaders, bureaucrats and the private person (e.g. contractor) in public contracting takes place in order to favor a particular bidder. References: Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. World Bank, 1999, Bangladesh, The experience and perceptions of public officials, [ LINK ] ; [ LINK ] Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone).
|
||||||||
| 48d: In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials. | ||||||||
|
||||||||
|
Comments: Rule 13 of The Government Servant ( Conduct) Rules, 1979 states that Declaration of property - (i) Every government servant shall, at the time of entering government service, make a declaration to the government through the usual channel, of all immovable and movable properties, including shares, certificates, securities, insurance policies and jewellery having a total value of 50,000 taka (US$728) or more belonging to, or held by, him or a member of his family and such declaration shall- (a) state the district within which the property is situated, (b) show separately individual items of jewellery exceeding 50,000 taka in value, and (c) give such further information as the government may, by general or special order, require. (ii) Every government servant shall, after every five years in the month of December submit to the government through usual channel, a return of his assets showing any increase or decrease of his property as shown in the declaration made under sub-rule (I) or in the last five years return, as the case may be, (iii) The government may by order published in the official gazette, prescribe the manner for submission of the return of assets under this rule and the authority to which the return is to be submitted; Rule 14 of The Government Servant ( Conduct) Rules, 1979 states that - A government servant shall disclose his liquid assets when required to do so by the Government. The office of the CAG audit public accounts of the Republic, government agencies, public bodies and public companies having fifty percent or more government owned shares and report to the Parliament." References: Government of Bangladesh, Public Procurement Regulations 2003, Bangladesh Ministry of Planning, Government of the Peoples Republic of Bangladesh, March 2004, The Procedures for Implementation of the Public Procurement Regulations 2003 . The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. Office of the Comptroller and Auditor General of Bangladesh [ LINK ]
|
||||||||
| 48e: In law, major procurements require competitive bidding. | ||||||||
|
||||||||
|
Comments: References: Government of Bangladesh, Public Procurement Regulations 2003, Bangladesh Ministry of Planning, Government of the Peoples Republic of Bangladesh, March 2004, T The Procedures for Implementation of the Public Procurement Regulations 2003 .
|
||||||||
| 48f: In law, strict formal requirements limit the extent of sole sourcing. | ||||||||
|
||||||||
|
Comments: References: Government of Bangladesh, Public Procurement Regulations 2003, Bangladesh, [ LINK ] Ministry of Planning, Government of the Peoples Republic of Bangladesh, March 2004, T The Procedures for Implementation of the Public Procurement Regulations 2003 .
|
||||||||
| 48g: In law, unsuccessful bidders can instigate an official review of procurement decisions. | ||||||||
|
||||||||
|
Comments: According to the Regulation 53 (1 &2), "A tender may only complain to a Review Panel under Regulation 53, but a tender is not permitted to complain to a Review Panel if the Cabinet Committee on government purchase (CCGP) has made a dicision for procurement award." References: Regulation 53 of the Public Procurement Regulations 2003, Bangladesh.
|
||||||||
| 48h: In law, unsuccessful bidders can challenge procurement decisions in a court of law. | ||||||||
|
||||||||
|
Comments: Subject to Regulation 50 (2), 50(3) and 50 (4) of the Public Procurement Regulations 2003, any tender who claims to have suffered loss or demage due to a breach of a duty imposed on a procuring entity by these regulations may complain in accordance with Regulations 51 and 53. References: Regulation 50, 51, 53 of the Public Procurement Regulations 2003, Bangladesh Ministry of Planning, Government of the Peoples Republic of Bangladesh, March 2004, The Procedures for Implementation of the Public Procurement Regulations 2003 . The Government Servants (Conduct) Rules, 1979, Government of Bangladesh. The Government Servants Discipline and Appeal Rules, 1985, Government of Bangladesh. Anti-Corruption Commission Act, 2004.
|
||||||||
| 48i: In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids. | ||||||||
|
||||||||
|
Comments: References: Regulation 15(3) of the Public Procurement Regulations 2003, Dhaka ,Government of Bangladesh.
|
||||||||
| 48j: In practice, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids. | ||||||||
|
||||||||
|
Comments: There is no country-wide white or black list, but few departments keep records of reputed companies. References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). World Bank, 1999, Bangladesh, The experience and perceptions of public officials, [ LINK ] ; [ LINK ] Transparency International, Berlin, 2004, National Integrity Systems Country Study Report: Bangladesh 2003.
|
||||||||
| 49 | Can citizens access the public procurement process? | |||||||
| 49a: In law, citizens can access public procurement regulations. | ||||||||
|
||||||||
|
Comments: According to the Regulation 8(1) of the Public Procurement Regulations 2003 "The Regulations, the Procedures, User Guides and instructions including standard documents shall be made available to the public, both in paper format and on the CPTU website and shall be systematically maintained by the CPTU." References: Regulation 8(1) of the Public Procurement Regulations 2003, Bangladesh
|
||||||||
| 49b: In law, the government is required to publicly announce the results of procurement decisions. | ||||||||
|
||||||||
|
Comments: References: Regulation 36 of the Public Procurement Regulations 2003, Bangladesh, [ LINK ]
|
||||||||
| 49c: In practice, citizens can access public procurement regulations within a reasonable time period. | ||||||||
|
||||||||
|
Comments: The regulations and other rules on public procurement are vailable on the website. Everybody can download and print from the website easily, within a reasonable time and cost. [ LINK ] References: Government of Bangladesh, Public Procurement Regulations 2003, Bangladesh, [ LINK ]" target="_blank">[ LINK ] Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept.1, 2007, at 11.00 a.m. Central Procurement Technical Unit, GOB, http://www.cptu.gov.bd/ProcurementPolicy.aspx
|
||||||||
| 49d: In practice, citizens can access public procurement regulations at a reasonable cost. | ||||||||
|
||||||||
|
Comments: The regulations and other rules on public procurement are available on the website. Everybody can download and print from the website easily, within a reasonable time and cost. [ LINK ] References: Central Procurement Technical Unit, GOB, [ LINK ] Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m.
|
||||||||
| 49e: In practice, major public procurements are effectively advertised. | ||||||||
|
||||||||
|
Comments: References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone).
|
||||||||
| 49f: In practice, citizens can access the results of major public procurement bids. | ||||||||
|
||||||||
|
Comments: References: Interview with Md. Motiur Rahman, Joint commissioner (Customs), Chittagong Customs House, Bangladesh, Aug. 18, 2007 Interview with A K Azad Khan, deputy director, Local & Revenue Audit Directorate, Audit Complex, Segunbagicha, Dhaka, Sept. 1, 2007, at 11.00 a.m. Interview with G M Kader, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone). Interview with Lt. Col. (Rtd.) Farouque Khan, former member of Parliament (MP), Dhaka, Sept. 6, 2007, at 10.30 a.m. (over phone).
|
||||||||
Global Integrity uses a