Procurement Risk:
Very High
Score:
22/100
Government Policy
Q57
25/100
Does the country have legislation covering defence and security procurement with clauses specific to corruption risks, and are any items exempt from these laws?
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This indicator is not assigned a score in the GDI. The 2016 Public Procurement Law (Law 9/16 of June 16) governs all public contracts,…
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Relevant legislation that covers defence and national security purchases include the Public Contracting Law (2016) and its implementing regulations, the Public Probity Law (2010)…
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There are regular exceptions to procurement requirements outlined in legislation for the defence and security sector, but their significance in terms of number and…
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Q58
38/100
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
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By law, only parts of the procurement cycle for defence (as well as other high-value contracts) are required to be disclosed publicly. Needs assessments…
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The Finance Ministry’s oversight body, the National Public Procurement Service (SNCP), is tasked with setting up a public contracts database; however, in 2018 the…
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This indicator has not been assigned a score due to insufficient information or evidence.
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Q59
33/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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Formalised procurement oversight mechanisms exist in the audit court; within the Ministry of Defense, the armed forces, and the inspectors-general and within the Finance…
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Oversight mechanisms are active, but not sufficiently transparent to allow scrutiny on their effectiveness. The public procurement law exempts arms procurement from scrutiny and…
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Evidence of activity is rarely made public by the relevant procurement oversight institutions and the content is missing key information. The public procurement law…
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The government has not produced a published white paper, though one has been written, it is not published yet. National Development Plans (the last…
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While arms and military logistics procurement is exempted from the 2016 Public Procurement Law, presidential approvals for other defence procurement contracts need to be…
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Capability Gap and Requirements Definition
Q62
0/100
What procedures and standards are companies required to have – such as compliance programmes and business conduct programmes – in order to be able to bid for work for the Ministry of Defence or armed forces?
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The public procurement law establishes some basic anti-corruption requirements. The parties interested in participating in a tender cannot get involved, participate or support corrupt…
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The bulk of known defence procurement contracts over the last few years were directly awarded (a simplified procedure or negotiation procedure under the previous…
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Q63
25/100
Are procurement requirements derived from a national defence and security strategy, and are procurement decisions well-audited? Are defence purchases based on clearly identified and quantified requirements?
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The government had not produced a white paper until April 2018 (it could not be accessed). National Development Plans (the last issued was for…
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By law, scrutiny of public procurement including defence (except arms and military logistics procurement classified as secret) is conducted by the audit court and…
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The Ministry of Defence and armed forces base some major purchases on clearly identified requirements, but there appear to be also opportunistic and unplanned…
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Tender Solicitation, Assessment and Contract Award
Q64
13/100
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
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From the few publicly available audit court records that review procurement contracts in the defence and security sector, the majority is single-sourced, by a…
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The audit court has powers to question restricted contract procedures and has done so occasionally, according to court records. However, it must be noted…
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Q65
13/100
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
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Members of assessment committees for public tenders must fill statements of impartiality, confidentiality and independence. However, there is no evidence so far that comprehensive…
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There is a limited audit trail that appears in opinions from the audit court; though very few have been published on defence and security…
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Direct awards appear to be the norm in the defence and security sector (1), (2).
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The audit court examines the formal compliance with the Public Procurement Law, including the justification for the procurement method chosen. Scrutiny regarding potential violations…
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Q66
0/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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Article 9 of the 2016 Public Procurement Law prohibits collusion between an official and a bidder, as well as between bidders (1). However, Article…
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There is no legislation covering defence procurement that addresses collusion. Thus, this indicator has been marked Not Applicable. The public procurement law grants authority…
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There is no legislation covering defence procurement that addresses collusion. Thus, this indicator has been marked Not Applicable.
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There is no evidence that comprehensive training has been provided so far.
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Contract Delivery and In-Service Support
Q67
19/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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Procedures are laid out in the 2016 Manual on Public Procurement of the National Public Procurement Service (SNCP) (1), however, there is a lack…
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The system has not been rolled out completely. Procedures are laid out in the 2016 Manual on Public Procurement of the National Public Procurement…
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Reports published by the National Procurement Service (SNCP) point to serious monitoring deficiencies (1). For example, in its most recent statistical bulletin (first trimester…
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There is no evidence that contract breaches have been acted upon when found. Enforcement capacity is low, given the limited information disclosed to the…
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Q68
50/100
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
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Complaints procedures during procurement and execution are laid out in the 2016 Public Procurement Law, but lack clarity. Chapter IV lays out procedures of…
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Complaints mechanisms do exist in the public procurement law, but there is little information on how they work, what their costs are, and whether…
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Though it appears likely that companies may fear discrimination in retaliation for complaints, there is no evidence to prove this. It is also the…
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The 2016 Public Procurement Law empowers procurement officials to exclude companies where there is credible evidence of bribery and corruption (Art. 9). Exclusion may…
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In July 2018, President Lourenço annulled several public procurement contracts with companies linked to his predecessor’s family for alleged fraudulent practices in direct adjudications…
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In July 2018, President Lourenço annulled several public procurement contracts with companies linked to his predecessor’s family for alleged fraudulent practices in direct adjudications…
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Offset Contracts
Q70
25/100
When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?
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In 2016, Angola passed specific legislation on offset contracts, Law 20/16 (Law of Countertrade Offsets/ Regime Jurídico das contrapartidas), and in 2017 a National…
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The general principles and provisions of the Public Procurement Law apply to anti-corruption and due diligence. The law establishes that contracting entities in the…
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Overall supervision is conducted by the National Public Procurement Service (SNCP) of the Finance Ministry, which was set up in 2015. The offset contracts…
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The rules of publication for offset contracts are the same as for public contracts, depending on the method applied (1). So far there is…
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There is no evidence to show that procurement offices are conducting reporting and delivery obligations at all.
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There is no evidence to show that breaches of contract are acted upon.
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IIt needs to be noted that the offset contract legislation and respective policy is very recent and depends on the equally recent rules for…
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Agents / Brokers
Q73
25/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
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The Public Procurement Law stipulates that foreign companies seeking government contracts must have a legal presence in Angola or a legally recognized representative. The…
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The use of third parties and intermediaries to secure procurement contracts by-passing the law have been common and are rarely sanctioned. For example, in…
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Financing Package
Q74
0/100
Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
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Under the 2016 Public Procurement Law, arms deals can be declared secret and are thus exempted from the application of the law (Art. 7,…
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Seller Influence
Q75
NS/100
How common is it for defence acquisition decisions to be based on political influence by selling nations?
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This indicator is not assigned a score in the GDI. Recent high-value purchases in the defence and security sector are of diverse origins, including…
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This indicator is not assigned a score in the GDI. Presidential contract approvals are published in the official gazette and are occasionally, no matter…
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This indicator is not assigned a score in the GDI. The lack of transparency over the decision-making process for defence purchases makes it difficult…
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