Procurement Risk:
High
Score:
38/100
57
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. National defense is an almost exclusive prerogative of the executive, which defines the country’s…
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Article 17 of Decree No. 2006-343 establishing the Code of Ethics for Public Procurement recognises the existence of corruption risks such as conflicts of…
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Defence purchases must comply with the Public Procurement Code [1]. However, exceptions exist and concern certain large purchases such as aircraft offered to the…
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58
42/100
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 procurement and needs assessment cycle is defined by the armed forces each year [1]. These needs must be included in the budget of…
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Information on defense procurement may be publicly known because it is included in the finance law [1]. The Ministry of Defense’s calls for tenders…
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In terms of public finances, Madagascar has detailed policies and procedures for each stage of the procurement cycle implementation process. At least two decrees…
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59
50/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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At the Ministry of Defence there is a supervision mechanism for defence procurement. Concerning the supply of weapons and ammunition, special forms exist and…
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The Court of Auditors exercises control over the use of public funds, including defense procurement. It establishes reports but it is rare that the…
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The official audit reports of the Court of Auditors are accessible to the public but they do not include details and even less regarding…
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Within the Department of Planning and Strategic Anticipation there is a Strategic Planning Department. This service has a “Defense Planning” Division. This Division is…
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Prospective purchasing plans generally only cover the coming year or even less than a year. Normally, it is when the detailed budget of each…
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62
38/100
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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Decree No. 2006-343 establishing the Code of Ethics for Public Procurement stipulates in its article 17 that “any candidate and any holder of public…
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Some suppliers, including those of the Ministry of Defense, have been prosecuted for corruption. The authorities responsible for regulating public markets are aware of…
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63
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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According to government officials, defense procurement answers to the country’s defence and security policy but there is no clear national defence strategy with quantitfied…
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In reality, no active control exists. The Parliamentary Commission in charge of National Defense does not really have the supervisory power to control whether…
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Defence and security requirements are more or less respected [1]. However, in the case of Madagascar, and given the weakness of financial resources, the…
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64
NEI/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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Infrastructure construction follows the procedures detailed in the Public Procurement Code which stipulates in its article 32 paragraph 1 that the authorities in charge…
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There is no clear evidence that all single-source contracts are routinely justified to an external oversight body. We only have the legal framework side,…
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65
100/100
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 Law on the Public Procurement Code includes articles on the ethics that civil servants who participate in defining the specifications of calls for…
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A full audit trail exists to determine which officials were involved in the selection of suppliers, the design of specifications and the decisions to…
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The legal framework for public procurement is clear and applies to all stages leading to the award of public contracts. Transparency concerns tender committees…
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The ARPM always carries out checks between the drafting of the specific specifications of calls for tender. Audit missions are thus carried out. It…
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66
75/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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Article 8 of Decree No. 2006-343 establishing the Code of Ethics for Public Procurement stipulates that civil servants in charge of public procurement are…
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The Law on the Public Procurement Code, in Title X, provides for sanctions. Article 90 stipulates in particular “the public procurement regulatory authority establishes…
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Cases of investigations exist and prosecutions have been launched but interference, particularly political interference, is also present. The Guide for the prevention of corruption…
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The Guide for the Prevention of Corruption in the Public Procurement Process details the types of corruption, potential actors and their descriptions. It also…
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67
50/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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ARMP agents carry out an unannounced inspection in accordance with official procedures. They may request the necessary documents to determine whether contractors have complied…
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One of the ARMP’s missions is to promote transparency in the public procurement system by publishing all information relating to public procurement in the…
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One of the missions of the ARMP is to promote transparency in the public procurement system by publishing all information relating to public procurement…
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In the event of non-performance of contracts, appropriate measures are taken. Bidders can always make a request for review of a decision or an…
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68
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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Article 78 of the Law establishing the Public Procurement Code stipulates that “any person having an interest in bidding or concluding the contract and…
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Despite the existence of mechanisms allowing companies to denounce wrongdoing, cases of denunciation remain rare [1]. Therefore, the available mechanisms such as online reporting,…
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In general, it is rare for a company to complain when it is the victim of embezzlement [1]. Companies are always afraid of being…
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The various penalties are set out in articles 18 to 21 of the Code of Ethics for Public Contracts (Decree 2006-343), depending on the…
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Companies have been prosecuted for corruption. The most famous case is the conviction of the director of a large company to 5 years in…
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Article 39 of Law No. 2016-020 on the Fight against Corruption stipulates that recidivism as well as any fraud for the purpose of breaking…
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70
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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The Public Procurement Code does not mention the existence of compensation markets. [1] [2] [3]
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The Public Procurement Code does not mention the existence of compensation markets. [1] [2] [3]
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The Public Procurement Code does not mention the existence of compensation markets. [1] [2] [3]
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The Public Procurement Code does not mention the existence of compensation markets [1]. Specialists in the field also confirm this absence even in practice…
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The Public Procurement Code does not mention the existence of compensation markets [1]. Specialists in the field also confirm this absence [2][3].
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73
NEI/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
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Article 22 of the Public Procurement Code Law stipulates that “companies may present their application, their offer or their proposal in the form of…
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In the event that an agent does not comply with his obligations regarding corruption, he is subject to Article 17 of Decree No. 2006-343…
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74
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 only information that the public can have is that found in the finance law in which the defence budget appears [1]. The contracts…
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75
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. In Madagascar, certain countries have a certain influence on the country’s provisioning of military…
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This indicator is not assigned a score in the GDI. When justifying procurement from Russia, the Malagasy authorities stated that since all the weapons…
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This indicator is not assigned a score in the GDI. Certain high-ranking military officers exercise influence over countries supplying military equipment. This depends, in…
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0
NA/100
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Government Policy
Q57
NA/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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Q58
NA/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?
View Question
Q59
NA/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
View QuestionCapability Gap and Requirements Definition
Q62
NA/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
NA/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?
View QuestionTender Solicitation, Assessment and Contract Award
Q64
NA/100
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
View Question
Q65
NA/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?
View Question
Q66
NA/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
View QuestionContract Delivery and In-Service Support
Q67
NA/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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Q68
NA/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?
View QuestionOffset Contracts
Q70
NA/100
When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?
View QuestionAgents / Brokers
Q73
NA/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
View QuestionFinancing Package
Q74
NA/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?
View QuestionSeller Influence
Q75
NA/100