that the Government of Assam use a phased approach over a three-year period to implement the recommended strategy to remedy the main deficiencies of the present procurement system. It can be estimated that a minimum period of three years will be required to complete reforms and implement the process of change . In this process, it is critical for the Government of Assam:
4.
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To maintain a dialogue with the business community and the civil society in order to achieve real improvement with the legal, institutional, and organizational changes.
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To initiate, through the GOA, the necessary steps to establish an Advisory Committee of professionals from major Line Departments, the private and public sector, and international donors.
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To be advised that a new procurement regime with a legal and regulatory framework should be based on principles and norms generally accepted by the international community, such as the UNCITRAL Model on Procurement of Goods, Works and Services.
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To conduct procurement workshops as part of the reengineering process. Their main objectives would be to promote dialogue and discussions on the main legal and regulatory procurement issues. The audience for the workshops should be carefully selected and the number of attendees limited to around 20-25 persons including Officials from the Government as well as representatives from the business community and the civil society.
MEASURES TO BE TAKEN BY THE GOVERNMENT OF ASSAM
The following recommendations include a suggested timeline and identify the entity(ies) responsible for each recommended action.
Major Issues 1) Outdated legal and regulatory framework.
Recommended Actions a) Preparation of a new procurement Bill; b) Circulation of draft Bill for comments by public and private sector, and donors; c) Preparation of detailed regulations for the new procurement Bill; d) Submission of the Bill for approval by the Assembly; e) Approval of detailed regulations by GOA.
Drafted by Thomas Burola, Procurement Adviser -
Month after Start Date 1-7 month
Responsible Agency GOA
7-9 month
GOA
1-9 month
GOA
10-16 month
GOA/ Assembly GOA
17-20 month
2) Weak and inefficient organizational procurement structure.
3) Inefficient organizational and regulatory framework.
4) Weak and inefficient Protest and Dispute system.
f) Establishment of a procurement supervisory body, with composition and responsibilities to be defined under new procurement Bill; g) Preparation of administrative tools to discharge responsibilities, including: standard bidding documents; prequalification, evaluation, and contract forms; procurement manuals; guidelines and procedures; flow charts; and time schedules for all procurement methods.
17-18 month
GOA
17-24 month
GOA/Line Departments
a) Definition of structure and function of the regulatory authority and timetable for implementation; b) Making a needs analysis for Line Departments and other Public bodies, and recommending the appropriate structure to set up a procurement function; c) Implementing procurement training for key staff; d) Establishment of a management information system to improve present record keeping system; e) Preparation of a training program to explain and apply new procurement legislation, including regulations. a) Establishment of a Protest and Dispute system, with the composition and responsibilities to be defined under the new procurement Bill; b) Establishment of a management information system to improve record keeping of options;
17 month
GOA
17-19 month
GOA/Line Departments/ Public bodies
20-24 month
GOA
24-26 month
GOA/Line Departments
26-28 month
GOA/Line Departments
29-34 month
GOA
34-36 month
GOA
Drafted by Thomas Burola, Procurement Adviser -
5) A lack of Procurement professional capacity building.
6) Weak anticorruption measures enforcement.
c) Preparation of a training program to explain and apply the Protest and Dispute information in the public and private sectors. d) Establishment of skills, knowledge and experiencebased criteria to certify procurement staff and include a new remuneration structure in civil service for procurement profession; e) Implementation of a needs analysis, and establishment in the University of Assam of regular and customized procurement training for senior government officials, project managers and procurement practitioners. f) Establish a civil society anti-corruption watchdog group with independent and credible members to advise the GOA on public procurement; g) Establish a code of ethical conduct to professionalize the procurement workforce.
Drafted by Thomas Burola, Procurement Adviser -
34-36 month
GOA
10-14 month
GOA
20-26 month
GOA
34-36 month
GOA
1- month
GOA