| 48 |
Is the public procurement process effective? |
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48a:
In law, there are regulations addressing conflicts of interest for public procurement officials.
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| Score: |
YES |
NO |
 |
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Comments:
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Law No. 8/2004, article 10
Peer Review Comments: See Code of Ethic for Civil Servants, 14. "Disclose to the public administration any direct or indirect benefit he or she may derive from any profitable activity, business or company under his or her responsibility or obligations."
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48b:
In law, there is mandatory professional training for public procurement officials.
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| Score: |
YES |
NO |
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Comments:
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Law on Procurement Nos. 10, 11, and 12
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48c:
In practice, the conflicts of interest regulations for public procurement officials are enforced.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Peer Review Comments: I heard plenty of anecdotes regarding procurements - with closed bidding, kickbacks, and no evidence of official clampdowns or investigations.
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48d:
In law, there is a mechanism that monitors the assets, incomes and spending habits of public procurement officials.
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| Score: |
YES |
NO |
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Comments:
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
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48e:
In law, major procurements require competitive bidding.
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| Score: |
YES |
NO |
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Comments:
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Laws Nos. 10, 11, and 12
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48f:
In law, strict formal requirements limit the extent of sole sourcing.
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| Score: |
YES |
NO |
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Comments:
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Laws Nos. 10, 11, and 12
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48g:
In law, unsuccessful bidders can instigate an official review of procurement decisions.
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| Score: |
YES |
NO |
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Comments:
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Laws Nos. 10, 11, and 12
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48h:
In law, unsuccessful bidders can challenge procurement decisions in a court of law.
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| Score: |
YES |
NO |
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Comments:
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Laws Nos. 10, 11, and 12
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48i:
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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| Score: |
YES |
NO |
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Comments: Punishment is limited to a certain period, depending on how much of an offense was committed.
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Laws Nos. 10, 11, and 12
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48j:
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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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The implementation is based on the investigation report, and this investigation remains subject to the political will, as well as the will of other ministry departments.
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Laws Nos. 10, 11, and 12
Peer Review Comments: This process is far too opaque and politicized to warrant a 75 score.
Peer Review Comments: As the author states, there needs to be a process of review and investigation, which I do not think happens all that often in practice.
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| 49 |
Can citizens access the public procurement process? |
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49a:
In law, citizens can access public procurement regulations.
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| Score: |
YES |
NO |
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Comments: There is the Jornal Republika, as well as published versions of related laws.
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
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49b:
In law, the government is required to publicly announce the results of procurement decisions.
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| Score: |
YES |
NO |
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Comments:
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Laws Nos. 10, 11, and 12
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49c:
In practice, citizens can access public procurement regulations within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: It also will depend on priorities and on the reasons given to obtain such information.
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
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49d:
In practice, citizens can access public procurement regulations at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Peer Review Comments: For all cases involving accessing documents, travel to the capital will be required.
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49e:
In practice, major public procurements are effectively advertised.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: These were well advertised in two big local newspapers in the capital of Timor Leste.
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
Peer Review Comments: There are cases where contracts are given without proper tendering.
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49f:
In practice, citizens can access the results of major public procurement bids.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Interview with Joao Coimbra, deputy of procurement office, at his office, on July 2007
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