The main objective of the Public Procurement Law is to make the procurement process open, transparent, and competitive. However, the procurement process has become more controversial in recent days. This situation arises when the work is not following the purpose of the law. If the existing law is to be implemented exactly, there will be no problem anywhere, because if it is done transparently, there will be no room for questioning.
Recently, there have been problems in public procurement in terms of 'Technical Specification', 'Qualification Criteria' and 'Evaluation Criteria'. It is also seen that contracts are made by making packages. Such things are played to reduce competition. After making a big package, small business companies will not be able to compete. This is illegal and against the law.
When negotiating, it is not only the company and the firm that are to be contracted but also the 'technical specifications' and 'qualification criteria'. For example, if there is an agreement to buy a car of a brand, the features of the same car are not kept in other vehicles. By doing so, the competition shrinks. There is also a habit of not studying the market before signing a contract.
Contract evaluation can also be flawed. In some cases, there is a lack of expertise in evaluating the contractor's qualifications, turnover, manpower, and equipment. In some cases, it is found that the mistake was made intentionally.
Contractors who have collusion in contracting have the same experience, equipment, and skills, and it is customary to contract accordingly. Pappu Construction had a big machine, based on which he got a contract for many bridges. In the end, the construction of many bridges fell into disrepair. The cost and time of the project also increased.
Weaknesses in evaluation also lead to this happening somewhere. According to the law, the process of contract evaluation is decided in stages. If a contractor is disqualified in only one level, the contractor should not be involved in the next level assessment. However, the work had to be done following the law with the right intention. Once everyone is qualified, the contractor will be selected from among those who promise less financially.
However, this feature should not be abused. The 'specification' should not be made in such a way as to give it to the desired company.
Special procurement laws are made to address the distortions and complexities seen in the procurement system. In case of such collusion or illegal contract, the concerned department, departmental secretary, and ministry can take action. There is even a provision to pay the fine.
Therefore, the law should be strictly implemented to prevent the current distortion. If necessary, laws will be amended. But, if you work with good intentions, there is no problem in law.
The Public Procurement Monitoring Office has to issue various directives to manage the procurement. There should be no discrimination in the contract, an environment should be created where everyone can compete.
In the contract process, you have to play your honest role wherever you are. No one in the position of contracting and implementing evaluation from the planning level should work in good faith.
Wherever there are problems, all concerned bodies should be responsible for solving them. Supervision of the contract process seems to be weak. None of the ministries, departments, and public procurement monitoring offices seem to have played their role in making the procurement transparent.
The connivance that is growing in the contract now is dangerous. It is very sad to see this. It cannot be imagined that the contract will be won in such a way that competition will be eliminated. But, that's what happened. Competition creates 'value for money. The government's budget is saved.
Purchasing should be planned from the beginning. There may be problems in some places even when working in a hurry. If there is an error in the contract once done, it takes another year to do it again. That is why the practice of contracting in a hurry also leads to confusion. Now, to make the procurement transparent, it will be necessary to work on the capacity building of the contracting agency officials.
There is no problem following the procedure. If the responsible person and body become accountable, there will be no problem. Being transparent benefits everyone. Contractors have a similar role to play.
(Based on an interview with online news worker Rabindra Ghimire with Public Procurement Expert Pradhan.)
