Project Anti-Corruption System (PACS)

 

PACS STANDARDS

PS 3:  Procurement

 

This PACS Standard  makes the following recommendations in relation to anti-corruption procurement measures.

  1. Many organisations have sophisticated and detailed procurement procedures.  This PACS Standard is not intended to supersede these procedures.  It is intended to recommend some anti-corruption principles with which the project owner’s procurement procedures should comply.

  2. This PACS Standard should apply, where appropriate, to pre-qualification, tender and nomination procedures.  This PACS Standard uses the term “tenderer” for simplicity.  This term should be read as also referring, where appropriate, to any party which is applying to pre-qualify for, or which is tendering for, or which is a nomination candidate for, a project contract.

  3. Written, fair and transparent procedures: The pre-qualification, tender and nomination procedures:

    • should be in writing, transparent, and fair;

    • should not provide an improper benefit or advantage to any individual or organisation;

    • should be operated in a fair and transparent manner.

  4. Non-restricted competitive tendering:  The project owner should normally use a non-restricted competitive tendering process whereby the tender is open to any tenderer which has the appropriate qualifications.

  5. Restricted competitive tendering:  The project owner should restrict the number of tenderers who will be invited to tender only where:

    • circumstances justify this restriction;

    • the criteria on which tenderers are selected to participate are fair and transparent;

    • the number of tenderers selected to tender is sufficient to provide genuine competition in the tender process; and

    • the full circumstances, process and results are published to the public.

  6. Negotiated competitive tendering and competitive dialogue procedures: (Some procurement procedures permit the procuring entity to invite a restricted number of tenderers to negotiate or to enter into a competitive dialogue prior to submission of tender, prior to award, or post award. The purpose of this negotiation/competitive dialogue may be to attempt to adapt the tenders to the requirements of the intended contract or to identify the best means for satisfying the needs of the procuring entity.) The project owner should use these procedures only where:

    • circumstances justify doing so;

    • the project owner ensures that the negotiation/dialogue process does not give preferential treatment to any tenderer;

    • the full circumstances, process and results are published to the public.

  7. Pre-qualification and tender submissions should be submitted sealed and be kept sealed in a secure place until the official opening date. (Equivalent security should be implemented in the case of electronic submissions.)

  8. Reasonable notice should be provided to all tenderers, funders, the independent assessor and the public, of the date, time and place of the opening of pre-qualification and tender submissions, and all these parties should be informed that they are entitled to be present at the opening.

  9. At the opening of the pre-qualification and tender submissions, the independent assessor should be present, the public should be entitled to be present, all submissions should be opened in the presence of the independent assessor, and the names of the tenderers, the titles of each document submitted by them, and the price of each tenderer should be read out.

  10. Tender evaluators should:

    • be properly qualified,

    • have no personal or business connections with any tenderer,

    • have no record of involvement in corruption,

    • be persons of integrity,

    • provide anti-corruption commitments,

    • be informed of the penalties for corruption.


  11. The identity of the tender evaluators should be kept secret until after the evaluation has taken place.  Following publication of the evaluation, the identity of the evaluators should be publicly disclosed.

  12. Pool of evaluators:  Where practicable, there should be a pool of evaluators from which a (computer-generated) random and confidential selection can be made at relatively short notice for a particular project.

  13. Isolation of evaluators:  During the evaluation process, the evaluators should have no ability to make direct or indirect contact with the tenderers or anyone connected with the tenderers.

  14. Fair and transparent evaluation criteria:  The evaluation process should be carried out according to fair and transparent criteria. The criteria should be publicised to the tenderers and the public.

  15. Disclosure of the evaluation and the award: The evaluation and the contract award should be publicly and promptly disclosed with details as to identity of the winning tenderer and of the terms of contract.

  16. Terms of contract:  All relevant contract documentation should be included in the tender documentation.

  17. Other PACS Standards:  The following PACS Standards will also be relevant to the procurement process:

    • Independent assessment:  The independent assessor should monitor the procurement process and the project owner should permit the independent assessor to be present at all tender submissions, meetings and negotiations and to review all relevant documents (PS 1).

    • Transparency:  Full details of the procurement process and results should be published to the public (PS 2).

    • Pre-contract disclosure:  The project owner and each tenderer should exchange information during the procurement process.  (PS 4)

    • Anti-corruption commitments:  The project owner and each tenderer should exchange anti-corruption commitments during the procurement process.  (PS 5)

  18. This Standard may be implemented on its own.  It is, however, recommended that it is implemented in conjunction with all other PACS Standards, as far as appropriate.

 

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PACS home page

PACS Standards:

PS 1:   Independent assessment

PS 2:   Transparency

PS 3:   Procurement

PS 4:   Pre-contract disclosure

PS 5:   Project commitments

PS 6:   Funder commitments

PS 7:   Government commitments

PS 8:   Raising awareness

PS 9:   Compliance

PS 10:  Audit

PS 11:  Reporting

PS 12:  Enforcement

 

 

 

 

Page updated on 1st November 2008

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