Assessment of the Government of Mozambique’s Proposed Regulations for Public Works Contracts and Procurement of Goods or Services
The Confederation of Mozambican Business Associations (CTA) requested technical assistance to evaluate the Government of Mozambique’s proposed procurement policy: Regulations for Public Works Contracts and Procurement of Goods or Services.
This report reviews the Regulations for Public Works Contracts and Procurement of Goods or Services (Regulations) and provides CTA with a detailed analysis of the proposed law, comparing the law to international practices and standards. The report analyzes the potential effect of the law on the private sector and also provides answers to the following questions:
- How the law intends to address corruption?
- How transparent is the proposed law?
- How simple are the processes?
- How much discretion does the awarding body have?
- How does the law treat procurement from national and foreign firms?
- How does the proposal compare with best practices globally as well as within the SDAC region?
- How does the proposal affect Mozambique with regards to the cost and time of doing business?
- What is the expected impact on investments and foreign trade?
The report also looks carefully at clauses that favor local procurement and assesses the impacts (both positive and negative – e.g., corruption, higher costs, etc.) of favoring local procurement instead of procurement from foreign suppliers and provides insight into whether these clauses are in-line with international best practice and provides insight into whether the proposed law would be in compliance with WTO, UNCITRAL and other international government procurement agreements and models.