The influence of external procurement rules on national procurement system

Development partners and other donor countries resort to using their own procurement rules and reporting procedures when funding development projects which the recipient country must accept as part of the funding agreement. This practice, also adopted by bilateral donors and the multilateral development banks, has been attributed to the lack of confidence in the national procurement regulation in developing countries due to its ineffectiveness and corrupt practices as well as other accountability requirements of the donor. As a result, procurement officers in developing countries are faced with juggling through multiple as well as parallel procurement systems, thus the use of national procurement system on one hand but also donor procurement rules on the other. This creates multiple implications for national capacity building and delays in executing procurement contracts with further implications for overall service delivery.

The research project intends to look at what influence(s) has the use of the external procurement systems on the regulation, administration and practice of national procurement rules, using Ghana as a case study. It will examine the influence of using parallel procurement systems on the application and practice of national procurement rules in Ghana. The research will also consider the practice and application of complaint procedures for national as well as external procurement rules, looking at which external regimes, including China and the World Bank are relevant. With a socio-legal approach, the research will draw on legal and institutional resources. It will also seek to use interviews to develop the analysis and to employ the method of observation in gaining understanding of the practice of public procurement regulation.

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