Procurement Risk:
High
Score:
36/100
Government Policy
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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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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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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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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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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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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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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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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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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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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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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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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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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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
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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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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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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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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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
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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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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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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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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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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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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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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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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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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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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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
Q67
75/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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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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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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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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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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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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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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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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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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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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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
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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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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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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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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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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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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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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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
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 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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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
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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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
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. Since the 1990s, Colombia has consolidated a process of cooperation with the United States…
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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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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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