| Solomon Islands : Integrity Scorecard Report > Sub-Category: Procurement | ||
| Indicators | Score | |
| 51 | Is the public procurement process effective? | 33 |
| 52 | Can citizens access the public procurement process? | 8 |
Indicator and sub-Indicator Details
| 51 | Is the public procurement process effective? | |||||||
| 51a: In law, there are regulations addressing conflicts of interest for public procurement officials. | ||||||||
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Comments: "A person to whom this Chapter applies has a duty to conduct himself in such a way, both in his public or official life and his private life, and in his associations with other persons, as not - (a) to place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised; (b) to demean his office or position; (c) to allow his integrity to be called into question; or (d) to endanger or diminish respect for and confidence in the integrity of the government of Solomon Islands." [Constitution of Solomon Islands, 1978, S. 94. (1)] References: Constitution of Solomon Islands, 1978, [ LINK ] This provides a general rule for all public servants.
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| 51b: In law, there is mandatory professional training for public procurement officials. | ||||||||
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Comments: References: Public Finance and Audit Act, Cap 120 Laws of the Solomon Islands, 1996 Consolidation, [ LINK ]
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| 51c: In practice, the conflicts of interest regulations for public procurement officials are enforced. | ||||||||
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Comments: The tender process is out of date. Efforts are sometimes made to get around the procedures detailed in the 'Financial Instructions' by breaking larger bids into multiple smaller bids sometimes to get the size of deals down to the point where verbal bids are acceptable. The process urgently needs to be improved. References: Mark Anders, Procurement & Payments Adviser, Ministry of Finance and Treasury, Interview, May 8, 2009, Honiara Jean Tafoa, Executive Director, Transparency Solomon Islands, Interview, May 11, 2009, Honiara Ashley Wickham, Political Adviser, Prime Minister's Office, May 9, 2009
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| 51d: In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials. | ||||||||
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Comments: References: Public Finance and Audit Act, Cap 120 Laws of the Solomon Islands, 1996 Consolidation, [ LINK ] Public Service Act, Cap 92, Laws of the Solomon Islands, 1996 Consolidation, [ LINK ]
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| 51e: In law, major procurements require competitive bidding. | ||||||||
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Comments: References: Public Finance and Audit Act, Cap 120 Laws of the Solomon Islands, 1996 Consolidation, [ LINK ] Mark Anders, Procurement & Payments Adviser, Ministry of Finance and Treasury, Interview, May 8, 2009, Honiara Ashley Wickham, Political Adviser, Prime Minister's Office, May 9, 2009
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| 51f: In law, strict formal requirements limit the extent of sole sourcing. | ||||||||
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Comments: According to the Financial Instructions (internal government rules as regards financial procedures), it is only possible to give a waiver if a) there is only one supplier, or b) all suppliers have the same price (for example, as regards petrol where suppliers tend to sell at the same price). References: Public Finance and Audit Act, Cap 120 Laws of the Solomon Islands, 1996 Consolidation, [ LINK ], but also subsidiary regulations under the 'Financial Instructions'. Mark Anders, Procurement & Payments Adviser, Ministry of Finance and Treasury, Interview, May 8, 2009, Honiara Ashley Wickham, Political Adviser, Prime Minister's Office, May 9, 2009
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| 51g: In law, unsuccessful bidders can instigate an official review of procurement decisions. | ||||||||
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Comments: References: Public Finance and Audit Act, Cap 120 Laws of the Solomon Islands, 1996 Consolidation, [ LINK ] Mark Anders, Procurement & Payments Adviser, Ministry of Finance and Treasury, Interview, May 8, 2009, Honiara
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| 51h: In law, unsuccessful bidders can challenge procurement decisions in a court of law. | ||||||||
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Comments: References: Public Finance and Audit Act, Cap 120 Laws of the Solomon Islands, 1996 Consolidation, [ LINK ]
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| 51i: In law, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids. | ||||||||
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Comments: References: Public Finance and Audit Act, Cap 120 Laws of the Solomon Islands, 1996 Consolidation, [ LINK ]
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| 51j: In practice, companies guilty of major violations of procurement regulations (i.e. bribery) are prohibited from participating in future procurement bids. | ||||||||
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Comments: References: Jean Tafoa, Executive Director, Transparency Solomon Islands, Interview, May 11, 2009, Honiara Ashley Wickham, Political Adviser, Prime Minister's Office, May 9, 2009
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| 52 | Can citizens access the public procurement process? | |||||||
| 52a: In law, citizens can access public procurement regulations. | ||||||||
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Comments: The 'Financial Instructions' (which contain the relevant regulations) are not publicly available. However, most suppliers are familiar with the instructions and try to circumvent them. References: Mark Anders, Procurement & Payments Adviser, Ministry of Finance and Treasury, Interview, May 8, 2009, Honiara Ashley Wickham, Political Adviser, Prime Minister's Office, May 9, 2009
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| 52b: In law, the government is required to publicly announce the results of procurement decisions. | ||||||||
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Comments: References: Public Finance and Audit Act, Cap 120 Laws of the Solomon Islands, 1996 Consolidation, [ LINK ]
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| 52c: In practice, citizens can access public procurement regulations within a reasonable time period. | ||||||||
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Comments: These are not on the public record. References: Mark Anders, Procurement & Payments Adviser, Ministry of Finance and Treasury, Interview, May 8, 2009, Honiara Ashley Wickham, Political Adviser, Prime Minister's Office, May 9, 2009
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| 52d: In practice, citizens can access public procurement regulations at a reasonable cost. | ||||||||
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Comments: These are not on the public record. References: Mark Anders, Procurement & Payments Adviser, Ministry of Finance and Treasury, Interview, May 8, 2009, Honiara Ashley Wickham, Political Adviser, Prime Minister's Office, May 9, 2009
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| 52e: In practice, major public procurements are effectively advertised. | ||||||||
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Comments: Procurements worth SI$500,000 (US$63,500) and above are effectively advertised. Some advertisements are done for the sake of illusory transparency, with deals already agreed, according to the chief executive of Transparency International. References: Mark Anders, Procurement & Payments Adviser, Ministry of Finance and Treasury, Interview, May 8, 2009, Honiara Jean Tafoa, Executive Director, Transparency Solomon Islands, Interview, May 11, 2009, Honiara Ashley Wickham, Political Adviser, Prime Minister's Office, May 9, 2009
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| 52f: In practice, citizens can access the results of major public procurement bids. | ||||||||
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Comments: References: Mark Anders, Procurement & Payments Adviser, Ministry of Finance and Treasury, Interview, May 8, 2009, Honiara Ashley Wickham, Political Adviser, Prime Minister's Office, May 9, 2009
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