Procurement Risk:

Critical

Score:

11/100

Government Policy

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Q57 0/100

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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Legal framework Score: NS / 100
This indicator is not assigned a score in the GDI. According to Article 6 of Law N° 039 (2016), this Act does not apply…
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Corruption risks Score: 0 / 100
According to Article 6 of Law N° 039 (2016), this Act does not apply to contracts for works, supplies and services and public service…
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Effectiveness Score: 0 / 100
According to Article 6 of Law N° 039 (2016), this Act does not apply to contracts for works, supplies and services and public service…
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Q58 8/100

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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Formal procedures Score: 0 / 100
According to Article 6 of Law N° 039 (2016), this Act does not apply to contracts for works, supplies and services and public service…
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Transparency Score: 0 / 100
According to Article 6 of Law N° 039 (2016), this Act does not apply to contracts for works, supplies and services and public service…
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Implementation Score: 25 / 100
A decree issued by the Council of Ministers specifies the rules that govern the acquisition of goods and services (1).
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Q59 8/100

Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?

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Independence Score: 25 / 100
Articles 84 and 127 of the Constitution provide the Parliament and the Supreme Audit Institution with the power to scrutinize government institutions, including the…
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Effectiveness Score: 0 / 100
The provisions of Article 6 (1) of Law No. 039, exclude some items from being publicized for national defence and security purposes, this does…
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Transparency Score: 0 / 100
The provisions of Article 6 (1) of Law No. 039, exclude some items from being publicized for national defence and security purposes, this does…
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Q60 25/100

Are potential defence purchases made public?

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Policies Score: 25 / 100
In 2017, the MoD got the National Assembly to pass a law, the new law is known as the Law of Military Programming, for…
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Notice of planned purchases Score: 25 / 100
The 2017 Law of Military Programming provides some information on forward purchase plans by indicating the amount to be allocated every year, as well…
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Q61 0/100

Are actual defence purchases made public?

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Comprehensiveness Score: 0 / 100
Article 6 (1) of Law No. 039 (2016) states for defence and security purposes, the purchase of some military items are not made public.…
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Accessible data Score: 0 / 100
Data on defence procurement and contracting is not released in the accessible format (1). In 2008, the government of Burkina Faso created the regulatory…
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Capability Gap and Requirements Definition

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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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Formal policies Score: 0 / 100
No laws or procedures details how the government discriminates in its selection of suppliers and sub-contractors. Yet, signing anti-corruption clauses is not a prerequisite…
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Consistent implementation Score: NA / 100
Because there are no formal policies for business compliance, this indicator has been marked Not Applicable.
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Q63 8/100

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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Procurement requirements Score: 25 / 100
There is very little evidence on if defence procurement requirements derive from a national defence and security strategy. However, according to the provisions of…
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Scrutiny Score: 0 / 100
There is no evidence that oversight institutions perform any scrutiny of the defence sector, as to whether its procurement requirements derive from the existing…
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Purchases Score: 0 / 100
Purchases are made outside the national strategy. For example, in May 2018, the government purchased 59 vehicles (1), which were not planned in the…
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Tender Solicitation, Assessment and Contract Award

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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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Open competition Score: 0 / 100
According to Article 23 (1) of Law No. 039, “public contracts on works, supplies, usual services, and delegations of public services, are made after…
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Scrutiny of single/restricted competition procedures Score: 25 / 100
In Burkina Faso, Articles 84 and 127 of the Constitution give power to both the Parliament and the Supreme Audit Institution, to scrutinize defence…
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Q65 19/100

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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Conflicts of interest Score: 0 / 100
According to Article 36 (1) & (2) of Decree No. 0049 (2017), “are not eligible to make a bid for public contracts and delegated…
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Audit Trail Score: 25 / 100
In Burkina Faso, audits are carried out by a sub-technical committee, which makes its report available for the main committee after the audit (Article…
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Transparency Score: 0 / 100
The ARCOP aims at regulating public procurement and contracting, by establishing and enhancing bidding rules and criteria, ensuring access to public contracts and promoting…
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Scrutiny Score: 50 / 100
Articles 100 and above of Decree No. 0049 (2017) contains a section about audits. Audits are expected to take place immediately after the deadline…
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Q66 8/100

Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?

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Legal framework Score: 25 / 100
According to the Executive Secretary of the National Anti-Corruption Network (REN-LAC), “there is no legal framework available, which is specific to the defence sector…
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Sanctions Score: 0 / 100
According to the Executive Secretary of the National Anti-Corruption Network (REN-LAC), “as there is no legal framework specific to the defence prohibiting collusion, then…
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Enforcement Score: 0 / 100
Defence procurement for secret military expenditures is excluded from the provision of procurement laws. According to the Business Anti-Corruption Portal, enforcement of the law…
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Training Score: NEI / 100
This indicator has not been assigned a score due to insufficient information or evidence.
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Contract Delivery and In-Service Support

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Q67 0/100

Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?

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Reporting policies & procedures Score: 0 / 100
After the offering of a public contract, both the Law N° 039 and the Decree N° 0049 (2017) list some requirements that the winning…
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Transparency Score: 0 / 100
According to Article 6 of Law N° 039 (2016) does not apply to contracts for works, supplies and services and public service delegations, where…
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Monitoring Score: 0 / 100
Article 6 of Law N° 039 (2016) does not apply to contracts for works, supplies and services and public service delegations, where they relate…
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Enforcement Score: 0 / 100
Article 6 of Law N° 039 (2016) does not apply to contracts for works, supplies and services and public service delegations, where they relate…
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Q68 33/100

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 mechanisms Score: 100 / 100
Article 6 of Law N° 039 (2016) does not apply to contracts for works, supplies and services and public service delegations, where they relate…
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Effectiveness and Accessibility Score: 0 / 100
Article 6 of Law N° 039 (2016) does not apply to contracts for works, supplies and services and public service delegations, where they relate…
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Retaliation Score: 0 / 100
Corruption is widespread in Burkina Faso, and according to the United States Department of State (2017), “local NGOs criticized what they called the overwhelming…
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Q69 50/100

What sanctions are used to punish the corrupt activities of a supplier?

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Sanctions Score: 100 / 100
Law N° 039 (2016) is the legal framework for public procurement and contracting in Burkina Faso (1). It is complemented by Decree N° 0049…
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Undue influence Score: 25 / 100
Again, the legislation on public procurement is available, and it provides the contracting authority with the power to apply sanction where necessary. However, the…
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Application of sanctions Score: 25 / 100
Most offences to public procurement regulations rarely result in real sanctions, and often offences to procurement regulation in the defence sector remain unknown (3).…
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Offset Contracts

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Q70 0/100

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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Legal framework Score: 0 / 100
While the United State Department of State confirms the existence of offset contracts in Burkina Faso, the practice remains informal. The procurement legislation does…
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Due diligence Score: 0 / 100
There is no evidence that the government follows up the implementation of offset contracts, nor that it performs audits of benefits or integrity in…
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Q71 0/100

How does the government monitor offset contracts?

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Policies & procedures Score: 0 / 100
While the United State Department of State confirms the existence of offset contracts in Burkina Faso, the practice remains informal. The procurement legislation does…
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Transparency Score: 0 / 100
In absence of any law, policy or procedure applying to offset contracts, the government of Burkina Faso does not reveal information about offset contracts,…
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Monitoring Score: 0 / 100
Again, there is not a legislation, policy or procedure for offset contracts. Foreign suppliers can have their bids approved no matter they invest in…
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Enforcement Score: 0 / 100
According to the United States Department of State (2013), “the GOBF does not impose “offset” requirements, which dictate that major procurements be approved only…
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Q72 0/100

What level of competition are offset contracts subject to?

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Score: 0 / 100
The lack of legislation, specific policies or procedures organizing offset contracts, makes it difficult to ascertain whether they are open to competition. However, the…
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Agents / Brokers

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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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Policies Score: 25 / 100
ControlRisk (2016) writes, “the compliance risks associated with third parties have always been important because so many international corruption cases involve bribes paid by…
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Enforcement Score: NA / 100
Because there are no controls over the use of agents and intermediaries, this indicator has been marked Not Applicable.
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Financing Package

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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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Score: 0 / 100
Most defence purchases are made through single-sourced procurement contracts, which raises many concerns on transparency, democratic oversight, value for money, and corruption risks (2).…
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Seller Influence

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Q75 NS/100

How common is it for defence acquisition decisions to be based on political influence by selling nations?

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Prevalence: selling nations Score: NS / 100
This indicator is not assigned a score in the GDI. Given the current security context of Burkina Faso, it is believed that defence acquisition…
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Justification Score: NS / 100
This indicator is not assigned a score in the GDI. According to Diallo (2017), the defence minister said that “money granted through the Law…
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Prevalence: domestic pressures Score: NS / 100
This indicator is not assigned a score in the GDI. Some defence acquisitions likely result from domestic political pressures. With the country being the…
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