Pillar I - Legislative, Regulatory, and Policy Framework:

• Tunisia's public procurement legal framework comprises numerous legislative and regulatory instruments that align with international standards. However, the complexity and diversity of these elements hinder their clear and effective application, leading to gaps and overlaps.
• The framework is not on par with good international practices when it comes to operational procedures and suffers from discrepancies between physical and electronic procurement processes. Improving transparency through better dissemination of procurement-related information is essential, including the documentation of relevant decisions and positions.
• Inconsistencies exist in the application of procurement regulations across different public authorities, with various types of contracts subject to separate legal regimes. Harmonization efforts are needed to address these disparities.

Pillar II - Institutional Framework and Management Capacity:

• The institutional framework for public procurement in Tunisia faces challenges, including overlapping roles and inadequate separation of procurement, control, and regulatory functions. Reorganization and capacity-building efforts are necessary to enhance efficiency and reduce role conflicts.
• Integration between public procurement and financial management systems is lacking, with procurement plans often derived from budgets rather than guiding their formulation. Limited resources hinder the widespread adoption of electronic procurement systems and impede training initiatives for stakeholders.
• The absence of tailored training programs and institutional performance evaluation frameworks further restricts the development and improvement of Tunisia's procurement system.

Pillar III - Public Procurement Activities and Market Practices:

• Data limitations hindered the evaluation of procurement practices, but observations revealed shortcomings in planning, skills, and contract management. Variability in procurement practices highlights the need for standardized processes and improved staff training.
• Contract management deficiencies include inadequate sustainability considerations, inconsistent application of penalties, and delays in project execution and payments.

Pillar IV - Responsibility, Integrity, and Transparency of the Public Procurement System:

• Despite legal provisions promoting transparency and integrity, gaps exist in data availability, stakeholder participation, and oversight mechanisms. Limited resources and institutional overlaps hinder the effectiveness of control and anti-corruption efforts.
• Challenges include insufficient definition and enforcement of anti-corruption measures, inadequate protection for whistleblowers, and a lack of regular integrity training programs. The efficacy of dispute resolution mechanisms is also compromised by organizational dependencies and resource constraints.

Based on these finds, the assessment included the following recommendations:

Rationalization of the Legal and Institutional Framework

• Legislative reform to consolidate the fundamental principles of public procurement and align them with national and international objectives.
• Updating of implementing regulations and clarification of concepts and terminologies for better understanding and coherence.
• Improvement of operational tools such as manuals and guides, as well as the expansion of standard documents for better procurement management.

Performance of the Public Procurement System

• Strengthening of management capacity through the digitization of public procurement, including enhancing the functionalities of the TUNEPS system.
• Professionalization of public procurement personnel through the creation of a specific status and continuous training programs.
• Support for private sector performance to improve access to public procurement and contract performance, as well as the introduction of arbitration procedures.

Integrity of the Public Procurement System

• Improvement of access to information on public procurement by harmonizing legal provisions and providing adequate resources to the National Access to Information Authority (INAI).
• Strengthening of public procurement control through better governance, institutionalization of specialized audits, and coordination of controls.
• Strengthening of recourse mechanisms and the fight against corruption, including setting response deadlines for information requests and protecting the identity of whistleblowers.

The success of the reform relies on a combination of factors, including national political will, support from technical and financial partners, engagement of both public and private sectors, and active involvement of civil society. Effective coordination among public institutions, engagement of the private sector in implementing reforms, and the participatory role of civil society are deemed crucial for the reform's success. Additionally, support from international partners is essential to mobilize the financial and technical resources required for the reform's implementation.

A strategic action plan has been formulated based on the assessment’s findings and recommendations through the collaborative input of stakeholders, addressing urgent reform measures in the short and medium term. The plan's objective is to enhance the effectiveness and efficiency of public procurement by tangibly implementing the government's urgent economic measures.