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2007 Assessment

Vanuatu: Integrity Indicators Scorecard

Vanuatu: Integrity Scorecard Report > Sub-Category: Procurement
Indicators		Score
48	Is the public procurement process effective?	65
49	Can citizens access the public procurement process?	83

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: Government Contracts & Tenders Act

References: Government Contracts and Tenders Act - www.paclii.org/journals/fJSPL/vol09no1/2.shtml

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

Score:

YES

Comments: Contacts within the Finance Department advise that there is not, by law, madatory professional training for public procurement officials.

References: Public Service Act Laws of Vanuatu

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

Score:

100

Comments:

References: www.paclii.org/journals/fJSPL/vol09no1/2.shtml

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

Score:

YES

Comments:

References: State Law Office (legal aspect of it) Councils chosen by the state - www.paclii.org/journals/fJSPL/vol09no1/2.shtml

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

Score:

YES

Comments: But sometimes customary influences, family alliances and political patronage affects how public procurements contracts are formulated or executed. www.paclii.org/journals/fJSPL/vol09no1/2.shtml

References: www.paclii.org/journals/fJSPL/vol09no1/2.shtml

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

Score:

YES

Comments:

References: Government Contracts and Tenders Act - www.paclii.org/journals/fJSPL/vol09no1/2.shtml

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

Score:

YES

Comments:

References: Government Contracts and Tender Acts 1998 www.paclii.org/journals/fJSPL/vol09no1/2.shtml

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

Score:

YES

Comments:

References: Public Procurement Law Review Government Contracts and Tender Acts 1998 www.paclii.org/journals/fJSPL/vol09no1/2.shtml

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: "Specifically, the position in Vanuatu deserves further comment. The procurement law and regulations are silent on the issue of redress. There is no legislated means by which the tender proceedings could be measured against the background of fairness or equality of treatment. Also no mention is made of the remedies that the state could claim against negligent performance or non-performance of the contract.[140] These are lacunae which the present law needs to address."

References: www.paclii.org/journals/fJSPL/vol09no1/2.shtml

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: Specifically, the position in Vanuatu deserves further comment. The procurement law and regulations are silent on the issue of redress. There is no legislated means by which the tender proceedings could be measured against the background of fairness or equality of treatment. Also no mention is made of the remedies that the state could claim against negligent performance or non-performance of the contract.[140] These are lacunae that the present law needs to address. www.paclii.org/journals/fJSPL/vol09no1/2.shtml

References: Government Contracts and Tender Acts 1998 www.paclii.org/journals/fJSPL/vol09no1/2.shtml

Peer Review Comments: Supply-side bribery is a major problem in Vanuatu.

Can citizens access the public procurement process?

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

Score:

YES

Comments:

References: Government Contracts and Tender Acts 1998 www.paclii.org/journals/fJSPL/vol09no1/2.shtml

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

Score:

YES

Comments:

References: Government Contracts and Tender Acts 1998 www.paclii.org/journals/fJSPL/vol09no1/2.shtml

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

Score:

100

Comments: While regulations are available online, longer delays will be experiences by those outside of the capital without internet access.

References: www.paclii.org/journals/fJSPL/vol09no1/2.shtml

Peer Review Comments: Public procurement regulations are part of the Government Contracts and Tenders Act 1998. This act is available immediately online [ LINK ]

Hard copies are available at the State Law Office and these may take around two weeks to obtain. People living outside the capital without ready access to the Internet can experience longer delays, possibly many months. Access to regulations made by the Tenders Board could be delayed.

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

Score:

100

Comments: It costs around US$5 to obtain one copy of any act or regulation.

References: Attorney General's Office

Peer Review Comments: This cost may be considered unreasonable for many people, especially those outside the capital without paid employment.

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

Score:

100

Comments: Yes. For example, public procurement such as bidding for contracts are all advertised but most often they are done just to follow the procedures or laws of procurements. Most often a bidder is already identified. Sometimes money under the table or over the table plays a very big part in executing the public procurements. www.paclii.org/journals/fJSPL/vol09no1/2.shtml

References: www.paclii.org/journals/fJSPL/vol09no1/2.shtml NGO rep. - World Vision Vanuatu (Livelihood Manager) Rep. from the Ocean Computer - maintenance and services technician

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

Score:

100

Comments: Usually they do not advertise the results of the major public procurements, such as work contracts. They sometimes do, but not always. In rural areas access challenges are even greater.

The source is a government contrator who has tried to access bids.

References: Representative from the Ocean Computer - Maintenance and Services technician Micky M.