Despite continuous efforts, public procurement laws in several countries in the EBRD region remain unresponsive to the market economy and international trade. Much remains to be done particularly in the CIS countries. Governments in the region are increasingly aware of the economic costs of inadequate regulation. The EBRD plans to support public procurement reform efforts by drawing on the insights gained through the commercial law reform work carried out in the CIS countries, and its experience in conducting successful procurements for its investments in the region.
Several CIS countries originally based their legislation on the 1994 UNCITRAL Model Law on Procurement of Goods, Construction, and Services. If improvements are to be made to the legislation in these countries, the logical reference point will be the new revised UNCITRAL Model Law standard. The objective therefore would be to assist these countries to upgrading their public procurement regulation in accord with this revised PP standard.
The programme aims to develop a series of public procurement reform initiatives in the CIS countries. These initiatives have been carefully selected based on their potential transition impact and their relevance to the specific problems these countries face, as observed by LTT legal surveys (EBRD 2010 Public Procurement Legal Framework Assessment) and reported by the EBRD procurement function.
- Provide assistance with the development and implementation of public procurement policy reform in the CIS countries and Mongolia.
- Advisory and assistance in drafting primary and secondary legislation.
- Support in practical implementation of the new public procurement legal framework.
- Assistance through country-specific projects not only to national regulatory authorities and officials but also to local public procurement regime end users – contracting entities, contractors, procurement professionals, and commercial court judges.
- Promote appropriate balance between competition and transparency safeguards and efficiency instruments in the development of public procurement regulations.