| Year of assessment | 2018-2019 |
| Date of publication | July 2022 |
| Principal organisation | Procurement office / board from each country |
| Main partners | Caribbean Development Bank (CDB), Organization for EconomicCooperation and Development (OECD) |
Saint Kitts and Nevis
Recognizing the central role that public procurement plays in public service delivery, financial management, and sustainable development, this MAPS MAIN assessment resulted in recommendations concerning contract management both in the legal framework and in practice, sustainable public procurement provisions in the legal framework, introducing centralized procurement and e-procurement, professionalising both procurement staff and suppliers, improving market research and procurement planning, and strengthening appeal and control procedures.
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Quick facts
Background
Why was a MAPS assessment initiated?
The assessment was initiated as part of a public procurement reform project supported by the Caribbean Development Bank (CDB). The goal was to review and improve the legal framework for public procurement in five Eastern Caribbean countries, ensuring it supports effective policymaking, spending, and service delivery.
Who initiated the assessment?
The assessment was initiated as part of a CDB-supported regional public procurement reform project involving five Eastern Caribbean countries.
Brief description of the country procurement system
Public procurement in these five countries has not traditionally been seen as a strategic function. The system appears to be largely unregulated or inconsistently regulated, with varying degrees of reform progress across the islands. However, efforts to modernize procurement laws and regulations are underway, with each country at a different stage of implementation. The system is not explicitly subject to supranational regulations like EU directives but is influenced by regional organizations like CARICOM and OECS.
Anything else about the country that merits mention?
The five countries involved are either sovereign nations (Antigua and Barbuda, St. Kitts and Nevis) or British Overseas Territories (Anguilla, British Virgin Islands, Montserrat). Their legal systems are based on British common law. The procurement reform efforts have raised awareness of the importance of procurement, but progress has been uneven.
Were there any disruptions?
While the text does not specify major disruptions, it does note that the reform process has had uneven success across the islands, suggesting challenges in implementation. External factors such as political differences, administrative capacity, or economic conditions may have contributed to these discrepancies.
Main results and impact
The procurement systems in the five OECS states have strengths and weaknesses in all areas of the public procurement system, evidencing reform progress achieved in recent years. However, substantive challenges remain. Some of the key recommendations of this assessment, valid for all states were the following:
Weak Contract Management Rules
- Establish clear rules for contract management, including amendments, payments, and penalties for non-compliance.
Lack of Legal Provisions on Sustainable Public Procurement (SPP)
- Incorporate sustainable development principles and Anguilla’s international commitments into public procurement regulations.
Lack of Defined Complaint and Appeal Procedures
- Grant suppliers the right to lodge complaints and appeal procurement decisions.
Weak Record-Keeping Provisions
- Develop guidelines for proper safekeeping and management of procurement records.
Limited Budget Execution Feedback Mechanisms
- Refine the feedback mechanism for budget execution to improve visibility on public fund utilization.
Absence of a Centralized Procurement Mechanism
- Evaluate the possibility of institutionalizing a centralized purchasing system.
Weak E-Procurement Strategy
- Design and adopt a comprehensive e-procurement strategy.
Limited Market Engagement Training for Procurement Officials
- Provide training to procurement officials on market engagement and supplier analysis.
Limited Supplier Participation and Dialogue
- Promote the use of a free supplier register and actively engage suppliers in discussions with the Procurement Unit.
Lack of Market Research and Planning
- Strengthen procurement planning by requiring market analysis before tendering.
Inadequate Monitoring of Procurement Performance
- Develop mechanisms for tracking procurement efficiency and effectiveness.
Lack of Public Awareness on Procurement Processes
- Raise awareness among citizens on basic procurement processes.
Weak Audit and Oversight Mechanisms
- Establish a Supreme Audit Institution (SAI) and enforce the review of audit reports by the Public Accounts Committee.
Ineffective Procurement Appeal Mechanism
- Improve the administrative challenge procedure to ensure suppliers have effective remedies.
Insufficient Integrity Training for Public Officials
- Develop a code of conduct and implement regular integrity training programs for procurement officials.
During the time that has passed since the assessments, the five states have each begun the work on implementing the recommendations:
- In Anguilla a new procurement law and procurement regulations have been prepared and are currently undergoing final review by the legislative chambers.
- In Antigua and Barbuda a new procurement law has been passed and transitional regulations have been put in place while new regulations are being finalized.
- In the British Virgin Islands both a new procurement law and new regulations have been passed and are in operation, and training of government officials as well as the private sector has been initiated. Standard bidding documents are being drafted, including on the use of framework agreements.
- In St. Kitts and Nevis a new procurement law has been drafted and is under government review, with new regulations in preparation as well.
- In Montserrat a new procurement law is being drafted, which will be followed by new regulations as well.