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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Procurement
Indicators		Score
48	Is the public procurement process effective?	80
49	Can citizens access the public procurement process?	58

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:

References: Public Procurement Act, Sec 19 (1)

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

Score:

YES

Comments:

References: Public Procurement Act, Secs 11 and 12

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

Score:

100

Comments:

References: 1) Interview with Mr. Tembo, director of Administration, Mzimba District Assembly, Sept. 11, 2007, Zomba

No document is available, as this is a new law.

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

Score:

YES

Comments:

References: This is not applicable.

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

Score:

YES

Comments:

References: Public Procurement Act, Secs 30, 31

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

Score:

YES

Comments:

References: Public Procurement Act, Sec 30 (10)

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

Score:

YES

Comments:

References: Public Procurement Act, Sec 37 (1)

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

Score:

YES

Comments:

References: Public Procurement Act, Sec 38 (13)

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:

References: Public Procurement Act, Sec 20, but it is not straight cut. The law only refers to the removal of the bidder from the current procurement exercise not from future procurement processes.

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: The system is not clear cut. The law only restricts bidders from the current and not future procurements. Therefore, the practice is that in most cases they are not barred in future procurements.

Interview with R. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Zomba, Sept. 12, 2007, Zomba

Can citizens access the public procurement process?

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

Score:

YES

Comments:

References: Public Procurement Act, Sec 5 (b)

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

Score:

YES

Comments:

References: There is no straight-cut rule. However, Sec 31 (11) states that tenders have to be opened to the public.

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

Score:

100

Comments:

References: 1) Interview with Mr. Tembo, director of Administration, Mzimba District Assembly, Sept. 12, 2007, Zomba

2) Interview with Mr. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

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

Score:

100

Comments:

References: 1) Interview with Mr. Tembo, director of Administration, Mzimba District Assembly, Sept. 12, 2007, Zomba

2) Interview with Mr. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

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

Score:

100

Comments:

References: 1) Interview with Mr. Tembo, director of Administration, Mzimba District Assembly, Sept. 12, 2007, Zomba

2) Interview with Mr. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

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

Score:

100

Comments:

References: 1) Interview with Mr. Tembo, director of Administration, Mzimba District Assembly, Sept. 12, 2007, Zomba

2) Interview with Mr. Tambulasi, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba