Reforming Public Procurement in Emerging Market ... - KDID Portal

Reforming Public Procurement -- Syquia
Notes
i The World Bank Group, Philippines: From Short-term Growth to Sustained Development, p. 11 (2005).
ii Susan Rose-Ackerman, Corruption and Government: Causes, Consequences and Reform, p. 27 (Cambridge
University Press 1999).
iii The initiatives included, inter alia: the Countrywide Development Fund, Congressional Initiative Allocations,
the Public Works Fund and the School Building Fund—otherwise known as “pork barrel” projects—
iv Sheila S. Coronel, Ed., Pork and Other Perks: Corruption and Governance in the Philippines, pp. 38-43 (PCIJ
1998).
v See id.
vi Jose Luis C. Syquia, The Legislative History of Republic Act No. 9184, and the Policies and Principles Behind
Procurement Reform in the Philippines, 11 THE LAWYERS REVIEW 5 (November 30, 2003), citing the
Sponsorship Speech delivered by Senator Edgardo J. Angara for the Procurement Reform Bill, entitled
“Building Honest Roads to Progress” (October 24, 2002).
vii See Vietnam Financial Times, Shocking Losses: Interview with Mr. Mai Vinh, Deputy Director of the State
Budget Audit Department II, at 17 (September – October 2006).
viii The World Bank (Operations and Country Services), Increasing the Use of Country Systems in Procurement,
p. 5 (March 2005).
ix See Derick W. Brinkerhoff and Benjamin L. Crosby, Managing Policy Reform: Concepts and Tools for
Decision-Makers In Developing and Transitioning Countries, at 25 (Kumarian Press, Inc. 2002).
x The World Bank’s 2002 Country Procurement Assessment Report (CPAR) for Vietnam praised the move to
prepare and enact a new Procurement Ordinance to replace a piecemeal and scattered legal framework for public
procurement. See World Bank Vietnam, Vietnam Transforming Public Procurement: Country Procurement
Assessment Report, p. 9 (October 2002).
xi The World Bank’s 2003 CPAR for the Philippines identified an urgent need to review and revise the country’s
procurement laws and regulations to eliminate problems crated by a fragmented and outdated legal framework.
See World Bank Office Manila, Philippines: Country Procurement Assessment Report, p. 10 (March 2003).
xii See UNCITRAL, Guide to Enactment of UNCITRAL Model Law on Procurement of Goods, Construction and
Services .
xiii See UNCITRAL, 38th Session, Report of Working Group I (Procurement) on the work of its sixth session, p.
5 (Vienna, August 30 – September 3, 2004).
xiv See UNCITRAL Working Group I (Procurement), Seventh Session, Note by the Secretariat: Possible
revisions to the UNCITRAL Model LAW on Procurement of Good, Construction and Services – issues arising
form the use of electronic communications in public procurement, p. 2 (New York: April 4-8, 2005).
xv UNCITRAL, Thirty-eighth Session, Report of Working Group I (Procurement) on the work of its sixth
session, p. 8 (Vienna: July 4-222, 2005).
xvi The World Bank Office Manila, supra note xi, at 23.
xvii UNCITRAL, supra note xv, at 9.
xviii R.A. 9184, IRR, Sec. 8.1.2.
xix UNCITRAL Working Group I (Procurement), Note by the Secretariat: Possible revisions to the UNCITRAL
Model Law on Procurement of Goods, Construction and Services – issues arising from the use of electronic
communications in public procurement, Comparative study of practical experience with the use of electronic
(reverse) auctions in public procurement, p. 3 (New York: April 4-8, 2005).
xx For a contrasting case to the PrMO of Lao PDR, see Appendix 1 for a case study on Ghana’s Public
Procurement Board.
xxi Joseph J. Norton, International Financial Institutions and the Movement toward Greater Accountability and
Transparency: The Case of Legal Reform Programmes and the Problem of Evaluation, 35 THE INTERNATIONAL
LAWYER 1443, 1447 (2001), citing Michael Patton, Practical Evaluation, 33-37 (1982).
xxii Id, at 1448.
Fiscal Reform and Economic Governance Project 25