UNCITRAL United Nations Commission on International Trade Law REGIONAL CONFERENCE ON ENHANCING INTEGRITY IN PUBLIC PROCUREMENT The role of new technologies in public procurement Caroline Nicholas UNODC/UNCITRAL Rabat, Morocco 3 April 2008 UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement UN Convention Against Corruption Article 9 – requirements for procurement systems Transparency, competition and objective criteria in decision-making UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement UNCAC Requirements mean: Legislative framework Regulations Institutional, administrative and legal infrastructure UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement Legislative framework UNCITRAL 1994 Model Law on Procurement In process of revision (UNCAC compliant) e-communications/e-procurement to be introduced Similar provisions in other international texts UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement E-procurement – why? Efficient new procurement methods Opportunity to achieve many procurement objectives More information, better controls Major potential benefit - enhanced transparency UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement How to translate good intentions into results Not enough to create a website Vital to integrate procurement, accountability + oversight systems Vital role of transparency UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement UNCITRAL Model Law revisions E-communications –“Functional equivalent approach” –Writing, signature, record or meeting can be by e-communication Legal recognition not in Model Law – in e-commerce laws UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement E-communications under UNCITRAL Means of communication chosen by procuring entity, No justification, but safeguards Approach allows e-tenders UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement Safeguards under UNCITRAL: Choice of communications subject to non- discrimination provisions – “readily capable of being utilized with those in common use by suppliers or contractors” Means of communication set out in solicitation documents Measures to ensure authenticity, integrity and confidentiality required UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement Electronic reverse auction (ERA) Bidding prices down over the Internet Commonly used, regulation varies Auctions not previously permitted under Model Law UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement Transparency provisions (1) In solicitation documents – Criteria to determine the successful bid – Price/non-price criteria – Relative weight of criteria – Mathematical formula UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement Transparency provisions (2) In solicitation documents –Any limits on numbers –Initial bids required Other/elsewhere –All other relevant information (list?) UNODC United Nations Office on Drugs and Crime

UNCITRAL United Nations Commission on International Trade Law The role of new technologies in public procurement E-procurement – useful new tool E-procurement = reform process Not just replacing letters with s UNODC United Nations Office on Drugs and Crime