Diagnostic Report Tajikistan PRINT E-mail
The diagnostic report has been prepared under the EBRD UNCITRAL Initiative on Enhancing Public Procurement Regulation in the Commonwealth of Independent States (CIS) Countries and Mongolia (the Initiative), established in 2011 by the European Bank for Reconstruction and Development in London (EBRD) and the United Nations Commission on International Trade Law (UNCITRAL) to promote modern regulatory standards for public procurement sector. It presents results of the analysis of the national public procurement legal and institutional framework in Tajikistan, completed on the basis of the legislation in force in September 2012.

The quality of the public procurement regulatory framework in the country was assessed against the key standards of the 2011 UNCITRAL Model Law on Public Procurement (the Model Law) and international best practice in public procurement, as recommended in the Guide to the Enactment of the Model Law (Guide to Enactment), adopted in 2012 (together the 2011 UNCITRAL Model Law benchmark).  Consequently, the report focuses on gaps and shortcomings in the legal framework as compared with the Model Law and it does not dwell on areas where the national legal and institutional framework is sufficient and compliant with the 2011 UNCITRAL Model Law benchmark.

The main regulatory shortcomings identified in the analysis include:

  • Complex and unclear legal framework in a need of major update by the means of adopting a single new public procurement law: recent amendments only added to the complexity of the legislation;
  • Institutional structure improved in 2012 by establishing an independent regulatory body, reporting to the President of Tajikistan but still lacking a clear allocation of roles and division between functions of regulatory body, central purchasing body, review authority and procurement capacity evaluator for the local public procurement sector;
  • Insufficient institutional and legislative safeguards of the integrity of review procedures;
  • Unclear approach to decentralisation of public procurement and specification of the central purchasing body function;
  • The absence of modern procurement methods and associated procedures found in the Model Law, including those for framework agreements and e-procurement.
  • Lack of sufficient detail in procedural rules, as well as requirements concerning qualification of sulawiers, domestic preferences and evaluation criteria, to ensure an objective basis for the procurement process;
  • Limited alawication of modern communication methods and eProcurement tools;
  • Insufficient regulation governing access to and recording of procurement information.

The report’s recommendations focus on increasing the transparency and accountability of public procurement processes; incorporating modern notification and communication methods in the current procurement publication system and implementing credible and fair procedures for handling complains related to public procurement procedures. A draft Action Plan is included which, if adopted by the national public procurement regulatory authorities, would support the development and implementation of the upgrades to the national public procurement regulatory framework to meet current procurement best practice and open the door to initiating the accession to the World Trade Organisation Agreement on the Government Procurement.
 
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