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2008 Assessment

Georgia: Integrity Indicators Scorecard

Georgia: Integrity Scorecard Report > Sub-Category: Procurement
Indicators		Score
51	Is the public procurement process effective?	33
52	Can citizens access the public procurement process?	63

Indicator and sub-Indicator Details

Is the public procurement process effective?

51a: In law, there are regulations addressing conflicts of interest for public procurement officials.

Score:

YES

Comments:

References: Not addressed by the law on Public Procurement, art.8

51b: In law, there is mandatory professional training for public procurement officials.

Score:

YES

Comments:

References: Law on Public Service does not stipulate any procedure or regulation

Peer Review Comments: Most officials learn on the job.

51c: In practice, the conflicts of interest regulations for public procurement officials are enforced.

Score:

100

Comments:

References: There are no regulations to enforce.

51d: In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials.

Score:

YES

Comments:

References: There is no mechanism for any public agency to monitor procurement officials. It is only the Prosecutor's Office, if a criminal investigation starts.

51e: In law, major procurements require competitive bidding.

Score:

YES

Comments:

References: Law on Public Procurement, art.10 Law on State Budget Law on Budgetary System

51f: In law, strict formal requirements limit the extent of sole sourcing.

Score:

YES

Comments:

References: There are no restrictions in law, if the president or the prime minister decide so.

Peer Review Comments: The Law in Public Procurement is by far one of the most poorly drafted laws in Georgia.

51g: In law, unsuccessful bidders can instigate an official review of procurement decisions.

Score:

YES

Comments:

References: Law on Public Procurement, art.15

51h: In law, unsuccessful bidders can challenge procurement decisions in a court of law.

Score:

YES

Comments:

References: Constitution of Georgia, art. 42 Law on Public Procurement, art.17

51i: In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids.

Score:

YES

Comments:

References: No regulation exists.

51j: 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: No regulations exist, but there is a practice with some ministries who publish so-called "black lists." It was so far done only by the Ministry of Education. see [ LINK ]

Peer Review Comments: The website is www.mes.gov.ge.

Can citizens access the public procurement process?

52a: In law, citizens can access public procurement regulations.

Score:

YES

Comments:

References: General Administrative Code of Georgia, Chapter 3, Freedom of Information

52b: In law, the government is required to publicly announce the results of procurement decisions.

Score:

YES

Comments:

References: General Administrative Code of Georgia, Chapter 3, Freedom of Information Law on Public Procurement Newspaper 24 Hours

52c: In practice, citizens can access public procurement regulations within a reasonable time period.

Score:

100

Comments: Contracts on building roads, as well as military and health sector procurements are not officially secret, but are not easily accessible.

References: Newspapers Rezonansi and Alia regularly publish info about denial of information.

52d: In practice, citizens can access public procurement regulations at a reasonable cost.

Score:

100

Comments: Due to the volume of information, it is pretty expensive.

References: Only photocopying costs are charged, as required by law. No other information has been reported.

Peer Review Comments: The cost is very low at 2.5 cents per page.

52e: In practice, major public procurements are effectively advertised.

Score:

100

Comments: The main issue is the quick deadlines. Ads might be placed in the newspaper three-four days before the deadline. Ads are not detailed -- they do not give concrete information as to the requested documents, etc.

References: Newspaper "24 Hours" is used for all advertisements.

52f: In practice, citizens can access the results of major public procurement bids.

Score:

100

Comments: Disclosure of information varies from case to case. Receipt of information depends on the type of information requested. Contracts on building roads, as well as military and health sector procurements are not officially secret, but are not easily accessible.

References: Interview with the chairman of GYLA, Giorgi Chkheidze