Benin report - Institut Africain de la Gouvernance

CHAPTER FOUR: ECONOMIC GOVERNANCE AND MANAGEMENT__________________________________________________________________________matter and it was sent to the Ministry of Justice. Transforming the Chamber ofAccounts into an audit office will ensure compliance with WAEMU directivesand confer total independence on the office.466. The public procurement system. The government is pursuing thestrengthening of the public procurement system by carrying out reforms aimedat: (i) improving the transparency of the public procurement system; and (ii)simplifying and modernising the internal and external audit systems. Thanks toan amendment to the Public Procurement Code in August 2004, thegovernment has started to establish a new institutional framework for thepublic procurement system. It is now based in the National PublicProcurement Regulation Committee (CNRMP), the National PublicProcurement Directorates (DNMPs), and the Public Procurement Units(CNPMPs). The Public Procurement Code is being revised in accordance withWAEMU directives. However, the actors involved in the public procurementchain should receive appropriate training. To that end, the programmeimplemented by the government also provides for the training of senior staff inthe procurement units and for the conduct of public procurement audits.Box 4.4: Legal and institutional frameworks for public procurement(i) Legal and regulatory frameworkPublic procurement in Benin is governed mainly by Order 96-04 of 31 January 1996,instituting the Public Procurement Code applicable to the Republic of Benin, and by threeregulations. These are: (i) Decree 99-288 of 2 June 1999, on the functioning of the variouscommissions involved in controlling and monitoring the application of public procurementregulations; (ii) Decree 99-311 of 22 June 1999, introducing a Code of Ethics andMoralisation of Public Procurement; and (iii) Decree 99-312 of 22 June 1999, fixing theceilings of direct negotiation and competitive bidding procedures and the rules applicable topublic procurement.(ii) Institutional framework for public procurement managementThe framework comprises mainly, on the one hand, project owners (deconcentrated anddecentralised administrative units) which are responsible for programming, planning andmonitoring the implementation of public procurements and, on the other, committees whoseresponsibility is to control and monitor the proper application of procurement regulations. Theresponsibilities, organisation and functioning of these different public units have weaknessesthat impede the efficiency, and even transparency, of the execution of public procurements.(iii) Contract award operations and performance of the private sector/public orderPublic contract awards and management operations are managed entirely by the respectiveproject owners (ministries or other public institutions and local authorities). The actualexecution of public procurements is carried out entirely by the private sector in Benin. Thissector is organised through an independent private entity, the Conseil national du Patronat duBénin and a public entity, the Chambre de Commerce et d’Industrie.166