Procurement Risk:

High

Score:

36/100

Government Policy

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Q57 50/100

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. In Colombia, there is extensive legislation related to the State contracting process, including Law…
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Corruption risks Score: 50 / 100
Colombian law recognizes the risks of corruption that may arise in the contracting and procurement processes and has implemented regulations dealing with and mitigating…
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Effectiveness Score: NEI / 100
There is Not Enough Information to score this indicator. Purchases in the defence sector and in the respective forces are made in accordance with…
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Q58 63/100

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: 75 / 100
The laws related to public procurement in Colombia (Law 80 of 1993, [1] Law 1150 of 2007, [2] Decree 1510 of 2013, [3] and…
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Transparency Score: 50 / 100
In accordance with Law 1150 of 2007, [1] Decree Law 019 of 2012, [2] and Article 19 of Decree 1510 2013, [3] entities are…
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Implementation Score: NEI / 100
While there are formal procedures in place, it has not been possible to determine their level of implementation. As such, this indicator is not…
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Q59 50/100

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

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Independence Score: 75 / 100
There is no specific body with defence-wide jurisdiction. The Comptroller General has control offices within the defence sector, and specific entities like the Action…
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Effectiveness Score: NEI / 100
The Comptroller General has issued a report addressing in part the state of defence procurement, but in such a way that it remains unclear…
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Transparency Score: 25 / 100
The advertising and transparency of contracts concluded by the defence sector are characterised by the type of procurement-related expenditure. Contracts concluded with reserved expenses…
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Q60 13/100

Are potential defence purchases made public?

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Policies Score: 0 / 100
Potential defence acquisitions are planned on an annual basis through a procurement plan. Article 74 of Law 1474 of 2011 provides that all state…
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Notice of planned purchases Score: 25 / 100
The Ministry of Defence and affiliated entities publish their procurement plans annually. According to the Transparency Act 1712 of 2014, [1] this is a…
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Q61 50/100

Are actual defence purchases made public?

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Comprehensiveness Score: 50 / 100
The annual procurement plan identifies the needs of the defence sector in the area of hiring and procurement. As a part of the contract…
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Accessible data Score: 50 / 100
With regard to the accessibility of the documents in SECOP, the platform publishes all the procurement processes and uses a basic information template for…
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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
Article 8.1.J of Law 80 of 1993 states that individuals or companies found guity of corruption crimes are legally unable to contract with the…
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Consistent implementation Score: NA / 100
There are no policies and laws on the procedures and standards that companies are required to have in order to contract with the Ministry…
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Q63 13/100

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: 0 / 100
Every four years the Government of Colombia designs the Defence and Security Policy. This document contains the Strategic Guidelines of the State and an…
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Scrutiny Score: 25 / 100
The process of monitoring or counting the acquisitions or procurement carried out by the Ministry of Defence, Military Forces, and Police falls into three…
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Purchases Score: NEI / 100
In terms of procurement, the defence sector develops these activities taking into account the annual procurement plan or annual acquisitions plan. The resources with…
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Tender Solicitation, Assessment and Contract Award

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Q64 25/100

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: 25 / 100
The procurement and contracting process is carried out through tendering processes or public bidding, stipulated in Law 80 of 1993, [1] which defines in…
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Scrutiny of single/restricted competition procedures Score: 25 / 100
According to the contracting manual of the Ministry of Defence, the processes for the selection of a single supplier must be carried out in…
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Q65 NEI/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: 25 / 100
The defense sector is governed by the same regulations related to conflicts of interest in the bidding process as the entire public sector in…
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Audit Trail Score: NEI / 100
The Action Group for Institutional Transparency (GATRI) monitors and evalutes procurement in the defence sector and collects information with regard to the contracting and…
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Transparency Score: 50 / 100
Regarding transparency, the regulations and codes of conduct of the evaluation committees (bidding boards) are contained in different regulations: Decree 1510 of 2013, [1]…
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Scrutiny Score: NEI / 100
There is Not Enough Information to score this indicator. The Comptroller General is authorized to perform audits of tenders. Article 4 of Decree 267…
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Q66 69/100

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: 50 / 100
Colombia has a General Regime for Competition Protection composed of the following regulations: Law 155 of 1959, [1] Decree 2153 of 1992, [2] Law…
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Sanctions Score: 100 / 100
Colombia has a General Regime of Competition Protection composed of the following regulations: Law 155 of 1959, in which Article 1 prohibits agreements or…
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Enforcement Score: 75 / 100
The application of the rules on collusion is carried out by two entities, the SIC which imposes fines on bidders, and the Attorney General’s…
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Training Score: 50 / 100
In terms of training to identify patterns of collusion and report on potential bad practices, in interviews with the Ministry of Defence and with…
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Contract Delivery and In-Service Support

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Q67 75/100

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

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Reporting policies & procedures Score: 100 / 100
The defence sector has procedures and policies that allow contractors to fulfil their obligations which are outlined in the various contracting manuals, as legislated…
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Transparency Score: 50 / 100
With regard to transparency, it is clear that not all contracts are available to the public on the SECOP I platform, in particular contracts…
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Monitoring Score: 75 / 100
The supervisors of contracts in the defence sector are obliged to prepare reports of supervision and compliance with the contract. Directive No. 15 of…
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Enforcement Score: NEI / 100
The pecuniary criminal clause becomes effective when the procuring entity, the defence sector in this case, declares non-compliance with a contract. In the first…
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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 mechanisms Score: 50 / 100
The mechanisms that allow companies to submit complaints about bad practices in hiring and procurement are not clearly identifiable in the defence sector procurement…
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Effectiveness and Accessibility Score: 50 / 100
On the websites of the Military Forces and the Police, and of the Ministry of Defence, there are clear and easily accessible links to…
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Retaliation Score: NEI / 100
Article 5 of Law 80 of 1993 defines the rights and duties of contractors, [1] stipulating that contractors may go to the authorities in…
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Q69 67/100

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

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Sanctions Score: 50 / 100
Article 82 of the Anti-Corruption Statute or Law 1474 of 2011 establishes the civil, fiscal, criminal and disciplinary liability of the interveners, consultants, contractors…
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Undue influence Score: 50 / 100
Corruption cases by suppliers and contractors are investigated by the Attorney General’s Office. The Colombian criminal proceedings are divided into three phases: inquiry, in…
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Application of sanctions Score: 100 / 100
There is evidence that sanctions are applied to suppliers and contractors who engage in corrupt practices. It is common to request imprisonment and pre-trial…
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Offset Contracts

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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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Legal framework Score: 50 / 100
Offset agreements or industrial and social cooperation agreements represent economic, commercial, and social benefits for the Colombian state, either directly or indirectly. The execution…
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Due diligence Score: 0 / 100
Resolution 6302 of 2014, item 1.5.2.2 authorizes the Ministry of Defence to sign offset contracts. The procedure for direct contracting includes a “Verification, Control,…
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Q71 33/100

How does the government monitor offset contracts?

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Policies & procedures Score: 50 / 100
The offset agreements of the defence sector include a series of formal policies and procedures that structure the duties and rights of both the…
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Transparency Score: 0 / 100
According to the Procurement Manual of the Ministry of Defence, [1] the framework agreements (OFFSET) are developed under the modality of direct procurement. Law…
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Monitoring Score: 50 / 100
Section 5.3.1.7 of Resolution 6302 of 2014 establishes the general monitoring requirements for procurement contracts. [1] These requirements apply to all direct purchases, and,…
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Enforcement Score: NEI / 100
With regard to the performance of the contract, the manual of the Manual of Industrial and Social Cooperation [1] defines that if the good…
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Q72 0/100

What level of competition are offset contracts subject to?

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Score: 0 / 100
According to Permanent Directive 6 of 2009, [1] the structuring and negotiation of industrial and social cooperation agreements fall within the framework of direct…
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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: 50 / 100
The use of intermediary agents in the defence sector is common in contracts related to maintenance, sourcing, and transport. Its procurement is regulated under…
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Enforcement Score: 0 / 100
With regard to the application of sanctions when policies and laws on the use of agents are violated, it is clear that on many…
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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
The annual procurement plan defines the acquisition, the total value of the good or service, and the period within which the purchase process must…
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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. Since the 1990s, Colombia has consolidated a process of cooperation with the United States…
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Justification Score: NS / 100
This indicator is not assigned a score in the GDI. The Security and Defence Policy defines internal threats as those occurring from drug trafficking,…
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Prevalence: domestic pressures Score: NS / 100
This indicator is not assigned a score in the GDI. There is no evidence of domestic political pressures on the award of acquisitions. However,…
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