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2007 Assessment

Liberia: Integrity Indicators Scorecard

Liberia: Integrity Scorecard Report > Sub-Category: Procurement
Indicators		Score
48	Is the public procurement process effective?	68
49	Can citizens access the public procurement process?	54

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: This applies to the Inter-Ministerial Committee and to the commissioners of the PPCC.

References: Procurement Act, Part II, no. 13, 84

Peer Review Comments: This is hard visible and there shows to impact.

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

Score:

YES

Comments: There is no professional requirement in law as to who becomes a procurement officer.

References: Does not exist in law.

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

Score:

100

Comments: In practice, enforcement of conflict-of-interest for public officials is not noticed or has not been reported.

References: Brezhnev Paasawe, researcher, CENTAL, Oct. 2, 2007, Monrovia, Liberia

Dan Sayeh, executive director, LDI, Oct. 2, 2007, Monrovia, Liberia

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

Score:

YES

Comments: There is no mechanism that monitors the integrity of procurement officers.

References: Does not exist in law.

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

Score:

YES

Comments:

References: Part I Objective of the Law; Scope of Application; Procurement Act of September 2005

Peer Review Comments: This has been ignored grossly by possiuble cronies of the president. Oil deal case involving Harry Greeves, the Managing Director of this country's Oil Refinery is clear. Greeves is accused in a UN panel of experts report of ignoring the competitive bidding process and yet President Ellen Johnson Sirleaf is on record for backing him. She's only said he's doing a good job. Several million dollars are said to have gone missing and in the eyes of Mrs. Sirleaf, Greeves remains a good guy.

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

Score:

YES

Comments:

References: Procurement Act, #55 (Sole Source); 56

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

Score:

YES

Comments: Anyone, including a bidder with a grievance, can file a complaint.

References: Procurement Law, Part VIII-Complaints and Review Process

Peer Review Comments: This this can happen, but redress remains an illusion for them.

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

Score:

YES

Comments: Any dissatisfied party may take an appeal to a court of competent jurisdiction

References: Procurement Act, Part VIII 128(3)

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: Bidders may be blacklisted, following investigation.

References: Public Procurement Act, Part V, #44

Peer Review Comments: I have not witnessed any case of such. Bidding is like a secret deal here.

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: The system is still new, needs to be tried and tested.

References: Eve Gongloe, technical staff, PPCC, Oct. 2, 2007, Monrovia, Liberia

Dan Sayeh, executive director, LDI, Oct. 22, 2007, Monrovia, Liberia

Can citizens access the public procurement process?

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

Score:

YES

Comments: The regulations are available online and with the agencies.

References: [ LINK ]

Peer Review Comments: This is ac country with high level illiteracy. To give people access to such regultaions, they should made simple through the media (Broadcasting)

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

Score:

YES

Comments: Not mentioned in law.

References: Procurement Act, Part III, Sub-part 1 (22)

Peer Review Comments: Ethically it is implied that the governement should announce bid winners.

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

Score:

100

Comments:

References: Rep. Dusty Wolokolie, chair, National Legislature Governance Committee, Oct. 2, 2007, Monrovia, Liberia

Dan Sayeh, executive director, LDI, Oct. 2, 2007, Monrovia, Liberia

Peer Review Comments: This is an unknown practice.

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

Score:

100

Comments: The LPRC contract case shows that obtaining records on procurement is difficult, if not impossible, especially for journalists and civil society.

References: Rep. Dusty Wolokolie, chair, National Legislature Governance Committee, Oct. 2, 2007, Monrovia, Liberia

Dan Sayeh, executive director, LDI, Oct. 2, 2007, Monrovia, Liberia

Peer Review Comments: This not easily accessible.

Peer Review Comments: Retrieving records will come with a cost, direct or indirect

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

Score:

100

Comments: Procurement contracts are published, especially those above $10,000.

References: Rep. Dusty Wolokolie, chair, National Legislature Governance Committee, Oct. 2, 2007, Monrovia, Liberia

Dan Sayeh, executive director, LDI, Oct. 2, 2007, Monrovia, Liberia

Peer Review Comments: Not that I know of. Bidding like I have said looks more like a secret deal.

Peer Review Comments: Where there is a specific interest from the government to protect a bidder of its choice major public procurements are cunningly advertised for the sole purpose of formality. Sometimes the ads are placed in only one newspaper to prevent many bidders from participating or even placed at the eleventh hour on the expiration date.

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

Score:

100

Comments:

References: Rep. Dusty Wolokolie, chair, National Legislature Governance Committee, Oct. 2, 2007, Monrovia, Liberia

Dan Sayeh, executive director, LDI, Oct. 2, 2007, Monrovia, Liberia

Peer Review Comments: Not that I know of.