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Enhancing the Legal and Regulatory Public Procurement Framework to Better Respond to Emergencies: Lessons from COVID-19

November 19, 2020

Virtual

MULTIMEDIA

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Recording also available in French, Spanish, and Arabic

  • Natural disasters, health crisis such as Ebola, and pandemics such as COVID-19 can happen anywhere at any time. Emergencies of a magnitude like the 2020 coronavirus pandemic can have a devastating impact on the lives and livelihoods of millions of people, particularly the most vulnerable, and on the global economy. It is of vital importance that authorities make appropriate use of available public resources to mitigate, contain, and quickly recover from the adverse effects of such emergencies.

    The COVID-19 pandemic has exposed the vulnerabilities of supply chains, with the rapid spread of the disease and a massive demand for essential supplies for prevention, treatment, and emergency response. The increased demand for these items and restrictions on normal operations present the Governments with serious challenges and numerous predatory practices. Emergency situations can provide opportunities for fraud and corruption through the manipulation of procurement processes, specifications, estimated quantities, price gouging, and unscrupulous suppliers.

    Procuring under extreme urgency is not a new concept for public authorities. In most countries, the legal framework provides for procurement procedures during emergencies. However, very few countries have sound operating procedures/guidelines to cope up with the situation. During the COVID-19 pandemic there is public outcry in many countries. People are losing trust in the governments to handle emergency procurement.

    This worldwide health crisis has led to a debate on whether current public procurement legal frameworks are adequate. In this event, we will share experiences of procurement agencies interventions to address the emergency procurement challenges and the lessons learned so far.

    What will you learn:

    1) How we can improve legal frameworks to respond to emergencies;

    2) How different countries set up procurement arrangements to respond to COVID-19;

    3) Lessons learned and the way forward.

  • Opening Remarks: Vinay Sharma, Global Director, Governance Practice, World Bank

    Chair: Hiba Tahboub, Practice Manger - Procurement, AFE, World Bank

    Moderator: Manjola Malo, Procurement Specialist, LAC, World Bank

    Keynote Speakers: Peter Trepte, Senior Fellow in Public Procurement Law at the University of Nottingham (UK); and Carey Kluttz, Head of Country Programs, Open Contracting Partnership

    Panelists: From Ecuador, Senegal, Vietnam, and Morocco

    Discussants: Belita Manka, Senior Counsel, World Bank; and Francisca Ayodeji Akala, Practice Manager, AFE, World Bank

    Run of Show

    7:30 - 8:00 – Meet and Greet

    8:00 - 8:05 – Introduction by Nagaraju Duthaluri, Chair of PforD CoP, and Welcome Message by Hiba Tahboub

    8:05 - 8:10 – Opening Remarks from Vinay Sharma, Global Director, Global Procurement Unit

    8:10 - 8:25 – Keynote Speakers Address

    8:25 - 8:40 – Technical Note by OCP

    8:40 - 9:30 – Panelists Share their Experience (10 minutes each)

    9:30 - 9:40 – Discussants (5 minutes each)

    9:40 - 10:00 – Q+A

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    Carey Kluttz

    Head of Country Programs, Open Contracting Partnership

    Carey Kluttz leads the Open Contracting Partnership country engagement and open contracting implementation. She previously served as a Fulbright-Clinton Fellow with SODEMI, the national mining company of Côte d’Ivoire, where she also supported the development of Côte d’Ivoire’s first Open Government Partnership (OGP) National Action Plan. Prior to her Fellowship, Carey was with the World Bank’s Governance Global Practice, where she focused on open contracting as well as governance of the extractive industries. Before joining the World Bank, Carey served as Executive Director of the Bridges of Understanding Foundation, dedicated to fostering understanding between the United States and the Arab world. Carey holds an MA in Middle East and Islamic Studies from the American University of Paris and a BA in French and Anthropology from the University of Virginia. She has studied Arabic and is fluent in French.

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    Peter Trepte

    Senior Fellow in Public Procurement Law at the University of Nottingham (UK)

    Peter Trepte is a practicing barrister with Littleton Chambers in London and of Counsel to Grayston & Company in Brussels. He is a Senior Fellow in Public Procurement Law at the University of Nottingham, Head of the Unit on Corruption and Public Procurement and Deputy Director of the Public Procurement Research Group. In private practice, he concentrates on public procurement advising and representing public and private sector clients. At the international level, he has extensive and wide geographical experience in public procurement reform, including the drafting of national laws and implementing rules and regulations in the field of public procurement. Peter is a Fellow of the Chartered Institute of Arbitrators and a Member of the Chartered Institute of Procurement and Supply. He is currently Chair of the Procurement Review Board of the European Space Agency.

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    Abdessadeq Labdaoui

    ministerial treasurer at the Moroccan Ministry of Economy, Finance and Administrative Reforms

    Mr. Abdessadeq Labdaoui is a ministerial treasurer at the Moroccan Ministry of Economy, Finance and Administrative Reforms (in charge of Ministry of Justice). He has good skills in the following areas: public finance, public procurement law, strategic planning, financial analysis, and change management. Prior to joining the Ministry of Justice, Mr. Labdaoui has served as the Head of the local authorities' expenditure department at the Prefectural Treasury of Rabat. Mr. Labdaoui holds a license degree from Kadi Ayyad University in Marrakech and a Master degree in Economic science and International Economic Relations from Mohamed V University/ Faculty of Legal, Economic and Social Sciences in Rabat. Mr. Ladbaoui also wrote a book entitled “Les placements des sociétés d'assurances au Maroc: entre le principe de couverture des engagements techniques et la contribution au financement de l'économie nationale”.

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    Claire Iffli

    Ministry of Economy and Finance, France

    An expert in public procurement law, Ms. IFFLI has been working for the French Ministry of Economy and Finance for 10 years. She is in charge of the regulation of public procurement and of the negotiation, for France, of European draft texts relating to public procurement. In particular, she has worked on the provisional adaptation of the rules of public procurement to help deal with the COVID-19 health crisis.

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    Saer Niang

    Director General of Senegal Public Procurement Regulatory Authority

    Saer NIANG is the appointed Director General of Senegal Public Procurement Regulatory Authority since January 2011. Prior to that position, he was serving in the institution as Training and Technical Director. Mr. Niang holds a diverse and rich professional experience in both public and private sector as Sales and Commercial Director of the National Lottery of Senegal, where he worked for nine years, and as Marketing and sales Director of TIGO, the second telecommunication operator, for eight years. As a procurement professional, Mr. Niang has been involved in different international activities, such as MAPS co-chair, EIP (Effective Institution Platform) member, and Former African Public Procurement Network President. Mr. Niang holds a bachelor’s degree in economics and an MBA in Management.

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    Silvana Vallejo Páez

    General Director of the National Public Procurement Service of Ecuador

    Mrs. Vallejo is an Economist, born in Ambato, Ecuador. Graduated from the Ecuadorian Catholic University, holds a master's degree in Business Economics from the Central American Institute of Business Administration, and a diploma from Harvard Business School. Among other her experience includes: Coordinator of Public Policies of the Ministry of Production, Employment and Competitiveness; Vice-Minister of Rural Development of the Ministry of Agriculture, Livestock, Aquaculture, and Fisheries; Adviser in the Ministry of Urban Development and Housing; Vice Minister of Foreign Trade Policies and Services; Executive Director of the Institute for the Promotion of Exports and Investment PRO Ecuador; General Director of the National Public Procurement Service; and, Government Counselor of Ecuadorian current President Lenin Moreno Garcés. Mrs. Vallejo's experience with international organizations includes her work as a Policy, Trade, and Agribusiness specialist at the Inter-American Institute for Cooperation on Agriculture (IICA) and Dutch Cooperation. Mrs. Vallejo is the co-author of several books, articles, and scientific documents; as well as cathedralic in several universities of Ecuador.

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    Nguyen Thi Thuy Hang

    Ministry of Planning and Investment, Vietnam

    Ms. Nguyen Thi Thuy Hang is the Deputy Director General at Public Procurement Agency under the Ministry of Planning and Investment of Vietnam. She has more than 15 years of experience in public procurement as a policymaker, trade negotiator, adviser, and lecturer. She has been involved in many different assignments regarding public procurement in Vietnam, such as drafting public procurement national legislation (law, degree, etc.), procurement audit, FTA negotiations, capacity building activities. She was the lead negotiator for the public procurement in numerous Vietnam’s free trade agreements, including the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) and the European Union – Vietnam FTA. She was also selected as the chair for the procurement negotiations in the Regional Comprehensive Economic Partnerships (RCEP), involving ASEAN and six partner countries (Australia, China, India, Japan, South Korea, and New Zealand).