MAPS assessment in:
	Name/organisation:	public procurement
	Date:
	Pillar I. Legal, Regulatory, and Policy Framework
			3 steps to assess each sub-indicator --> --> --> --> --> --> --> --> --> --> --> --> --> --> --> --> --> -->	Add checkmark if: - substantial gap / potential red-flag found
	Indicator/ Sub-indicator	Assessment criteria	Step 1: Qualitative analysis (comparison of actual situation vs. assessment criteria)	Step 2: Quantitative analysis	Step 3: Gap analysis / conclusions (describing any substantial gaps)		Initial input for recommendations
	1. The public procurement legal framework achieves the agreed principles and complies with applicable obligations.
	1(a) Scope of application and coverage of the legal and regulatory framework
	The legal and regulatory body of norms complies with the following conditions:
	(a) Is adequately recorded and organised hierarchically (laws, decrees, regulations, procedures), and precedence is clearly established.
	(b) It covers goods, works and services, including consulting services for all procurement using public funds.
	(c) PPPs, including concessions, are regulated.
	(d) Current laws, regulations and policies are published and easily accessible to the public at no cost
	1(b) Procurement methods
	The legal framework meets the following conditions:
	(a) Procurement methods are established unambiguously at an appropriate hierarchical level, along with the associated conditions under which each method may be used.
	(b) The procurement methods prescribed include competitive and less competitive procurement procedures and provide an appropriate range of options that ensure value for money, fairness, transparency, proportionality and integrity.
	(c) Fractioning of contracts to limit competition is prohibited.
	(d) Appropriate standards for competitive procedures are specified.
	1(c) Advertising rules and time limits
	The legal framework meets the following conditions:
	(a) The legal framework requires that procurement opportunities are publicly advertised, unless the restriction of procurement opportunities is explicitly justified (refer to indicator 1(b)).
	(b) Publication of opportunities provides sufficient time, consistent with the method, nature and complexity of procurement, for potential bidders to obtain documents and respond to the advertisement. The minimum time frames for submission of bids/proposals are defined for each procurement method, and these time frames are extended when international competition is solicited.
	(c) Publication of open tenders is mandated in at least a newspaper of wide national circulation or on a unique Internet official site where all public procurement opportunities are posted. This should be easily accessible at no cost and should not involve other barriers (e.g. technological barriers).
	(d) The content published includes enough information to allow potential bidders to determine whether they are able to submit a bid and are interested in submitting one.
	1(d) Rules on participation
	The legal framework meets the following conditions:
	(a) It establishes that participation of interested parties is fair and based on qualification and in accordance with rules on eligibility and exclusions.
	(b) It ensures that there are no barriers to participation in the public procurement market.
	(c) It details the eligibility requirements and provides for exclusions for criminal or corrupt activities, and for administrative debarment under the law, subject to due process or prohibition of commercial relations.
	(d) It establishes rules for the participation of state-owned enterprises that promote fair competition.
	(e) It details the procedures that can be used to determine a bidder's eligibility and ability to perform a specific contract.
	1(e) Procurement documentation and specifications
	The legal framework meets the following conditions:
	(a) It establishes the minimum content of the procurement documents and requires that content is relevant and sufficient for suppliers to respond to the requirement.
	(b) It requires the use of neutral specifications, citing international norms when possible, and provides for the use of functional specifications where appropriate.
	(c) It requires recognition of standards that are equivalent, when neutral specifications are not available.
	(d) Potential bidders are allowed to request a clarification of the procurement document, and the procuring entity is required to respond in a timely fashion and communicate the clarification to all potential bidders (in writing)
	1(f) Evaluation and award criteria
	The legal framework mandates that:
	(a) The evaluation criteria are objective, relevant to the subject matter of the contract, and precisely specified in advance in the procurement documents, so that the award decision is made solely on the basis of the criteria stipulated in the documents,
	(b) The use of price and non-price attributes and/or the consideration of life cycle cost is permitted as appropriate to ensure objective and value-for-money decisions.
	(c) Quality is a major consideration in evaluating proposals for consulting services, and clear procedures and methodologies for assessment of technical capacity are defined.
	(d) The way evaluation criteria are combined and their relative weight determined should be clearly defined in the procurement documents.
	(e) During the period of the evaluation, information on the examination, clarification and evaluation of bids/proposals is not disclosed to participants or to others not officially involved in the evaluation process.
	1(g) Submission, receipt, and opening of tenders
	The legal framework provides for the following provisions:
	(a) Opening of tenders in a defined and regulated proceeding, immediately following the closing date for bid submission.
	(b) Records of proceedings for bid openings are retained and available for review.
	(c) Security and confidentiality of bids is maintained prior to bid opening and until after the award of contracts.
	(d) The disclosure of specific sensitive information is prohibited, as regulated in the legal framework.
	(e) The modality of submitting tenders and receipt by the government is well defined, to avoid unnecessary rejection of tenders.
	1(h) Right to challenge and appeal
	The legal framework provides for the following:
	(a) Participants in procurement proceedings have the right to challenge decisions or actions taken by the procuring entity.
	(b) Provisions make it possible to respond to a challenge with administrative review by another body, independent of the procuring entity that has the authority to suspend the award decision and grant remedies, and also establish the right for judicial review.
	(c) Rules establish the matters that are subject to review.
	(d) Rules establish time frames for the submission of challenges and appeals and for issuance of decisions by the institution in charge of the review and the independent appeals body.
	(e) Applications for appeal and decisions are published in easily accessible places and within specified time frames, in line with legislation protecting sensitive information.
	(f) Decisions by the independent appeals body can be subject to higher-level review (judicial review).
	1(i) Contract management
	The legal framework provides for the following:
	(a) Functions for undertaking contract management are defined and responsibilities are clearly assigned,
	(b) Conditions for contract amendments are defined, ensure economy and do not arbitrarily limit competition.
	(c) There are efficient and fair processes to resolve disputes promptly during the performance of the contract.
	(d) The final outcome of a dispute resolution process is enforceable.
	1(j) Electronic Procurement (e-Procurement)
	The legal framework meets the following conditions:
	(a) The legal framework allows or mandates e-Procurement solutions covering the public procurement cycle, whether entirely or partially.
	(b) The legal framework ensures the use of tools and standards that provide unrestricted and full access to the system, taking into consideration privacy, security of data and authentication.
	(c) The legal framework requires that interested parties be informed which parts of the processes will be managed electronically.
	1(k) Norms for safekeeping of records, documents and electronic data
	The legal framework provides for the following:
	(a) A comprehensive list is established of the procurement records and documents related to transactions including contract management. This should be kept at the operational level. It should outline what is available for public inspection including conditions for access.
	(b) There is a document retention policy that is both compatible with the statute of limitations in the country for investigating and prosecuting cases of fraud and corruption and compatible with the audit cycles.
	(c) There are established security protocols to protect records (physical and/or electronic).
	1(l) Public procurement principles in specialized legislation
	The legal and regulatory body of norms complies with the following conditions:
	(a) Public procurement principles and/or the legal framework apply in any specialised legislation that governs procurement by entities operating in specific sectors, as appropriate.
	(b) Public procurement principles and/or laws apply to the selection and contracting of public private partnerships (PPP), including concessions as appropriate.
	(c) Responsibilities for developing policies and supporting the implementation of PPPs, including concessions, are clearly assigned.
	2. Implementing regulations and tools support the legal framework.
	2(a) Implementing regulations to define processes and procedures
	(a) There are regulations that supplement and detail the provisions of the procurement law, and do not contradict the law.
	(b) The regulations are clear, comprehensive and consolidated as a set of regulations readily available in a single accessible place.
	(c) Responsibility for maintenance of the regulations is clearly established, and the regulations are updated regularly.
	2(b) Model procurement documents for goods, works, and services
	(a) There are model procurement documents provided for use for a wide range of goods, works and services, including consulting services procured by public entities.
	(b) At a minimum, there is a standard and mandatory set of clauses or templates that reflect the legal framework. These clauses can be used in documents prepared for competitive tendering/bidding.
	(c) The documents are kept up to date, with responsibility for preparation and updating clearly assigned.
	2(c) Standard contract conditions
	(a) There are standard contract conditions for the most common types of contracts, and their use is mandatory.
	(b) The content of the standard contract conditions is generally consistent with internationally accepted practice.
	(c) Standard contract conditions are an integral part of the procurement documents and made available to participants in procurement proceedings.
	2(d) User's guide or manual for procuring entities
	(a) There is (a) comprehensive procurement manual(s) detailing all procedures for the correct implementation of procurement regulations and laws.
	(b) Responsibility for maintenance of the manual is clearly established, and the manual is updated regularly.
	3. The legal and policy frameworks support the sustainable development of the country and the implementation of international obligations.
	3(a) Sustainable Public Procurement (SPP)
	(a) The country has a policy/strategy in place to implement SPP in support of broader national policy objectives.
	(b) The SPP implementation plan is based on an in-depth assessment; systems and tools are in place to operationalise, facilitate and monitor the application of SPP.
	(c) The legal and regulatory frameworks allow for sustainability (i.e. economic, environmental and social criteria) to be incorporated at all stages of the procurement cycle.
	(d) The legal provisions require a well-balanced application of sustainability criteria to ensure value for money.
	3(b) Obligations deriving from international agreements
	Public procurement-related obligations deriving from binding international agreements are:
	(a) clearly established
	(b) consistently adopted in laws and regulations and reflected in procurement policies.