Procurement Risk:
Very High
Score:
27/100
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?
View Question
This indicator is not assigned a score in the GDI. The Law on Public procurements covers defence and national security purchases. [1] However, the…
Explore
The Law on Public procurements, covering defence and security procurement, regulates corruption and conflicts of interest. [1] International organisations estimate that the law establishes…
Explore
Important information about the procurements of the Ministry of Defence are not publicly available. [1] For example, all data on secret procurements, government to…
Explore
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?
View Question
The defence procurement cycle is partially formalised, but it lacks detailed policies and procedures. The Government never adopted a Regulation for secret procurements, [1]…
Explore
Information about the assessment of needs, conducted on an annual basis, in coordination with NATO, according to the government, is classified. [1] Information on…
Explore
The Law on Public Procurement does not clearly define procedures related to contract implementation and sign-off, all the way to asset disposal. [1] The…
Explore
Q59
50/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
View Question
Procurement oversight mechanisms are formalised but the European Commission underlined that checks on the overall public procurement cycle remain a cause for concern. [1]The…
Explore
The EU Commission progress report pointed out that the capacity of institutions to monitor contract awards and verify contract implementation needs to be further…
Explore
All decisions of the State commission for public procurements are available on their website, [1] but they are usually posted with some delay.[2] The…
Explore
The government published a 10-year plan for the development of defence. [1] The plan contains information about future purchases. It contains a specific list…
Explore
Only information on annual public procurement plans of the Ministry are publicly available [1] and they do not include any information about secret procurements,…
Explore
Some defence purchases are not made public, and there is no proper justification as to why this information is withheld. The Government did not…
Explore
Documents for each public tender are published online. [1] Data can be researched, but the results are unreliable. [2] The Ministry’s annual reports have…
Explore
Capability Gap and Requirements Definition
Q62
25/100
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?
View Question
Based on the information provided, bidders are not required to have any policies, codes of conducts etc, and it is unlikely that anti-corruption clauses…
Explore
The Rulebook on the manner of keeping record violations of anti-corruption rules prescribes the procedures for keeping the records on this matter. However, the…
Explore
Q63
33/100
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 Question
Procurement requirements are formally derived from the national defence strategy. [1] However, current and previous defence and security strategies are very vague and certainly…
Explore
The Parliament does not scrutinize whether procurement is in line with the national security strategy or if there was any need for a particular…
Explore
The Ministry of Defence claims that it bases all its purchases on clearly identified and quantified requirements specified in annual plans that are submitted…
Explore
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)?
View Question
Very valuable procurements are excluded from the Public procurements law and information about them is confidential. For example, in 2018 around 8 million euros…
Explore
The Parliamentary Committee for Defence and Security has powers to question any procurement procedure or purchase. [1] However, members of the Committee very rarely…
Explore
Q65
50/100
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
Officials in tender board decisions are subject to regulations or codes of conduct that are designed to prevent conflicts of interest. Procurement officials are…
Explore
When the State Audit Institution conducts an audit of defence institutions, it is provided with all the documents that it requests. [1] At least…
Explore
Tender board regulations are transparent – prescribed by the Law [1] or bylaws, [2][3] and no additional procedures exist. [4] According to the MoD…
Explore
The State Audit Institution very rarely scrutinises particular procurements of the Ministry. It conducts an annual revision of the state budget, which also includes…
Explore
Q66
13/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
View Question
There is no legislation specific to the defence sector. However, the Law on the protection of competition addresses collusion, which is limited to bidders…
Explore
In order to participate in public tenders, companies and their legal representatives have to prove that they were not found guilty by final judicial…
Explore
There are no publicly known cases where collusion for defence and security contracts was investigated or prosecuted [1][2].
Explore
According to the Law on Public Procurement (Official Gazzette of Montenegro no 42/11, 57/14, 28/15 i 42/17), officials for public procurements must undertake a…
Explore
Contract Delivery and In-Service Support
Q67
25/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
View Question
The Law does not include any provisions for contract management by contracting authorities, except the obligation to publish notices of contract amendments. [1] Inspections…
Explore
The law obliges all public institutions to publish modifications post award, [1] but not information on contract failures. There is no obligation to publish…
Explore
There are no procedures and no official control is envisaged, but if obligations are not delivered, court cases are initiated. [1] According to the…
Explore
It is not clear if breaches of contract are acted upon and this information is not publicly available, [1][2][3][4][5] but the government claims that…
Explore
Q68
58/100
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 Question
Companies are allowed to complain to the State commission (SC) for control of public procurements, and they are entitled to challenge its decisions in…
Explore
Companies submitting complaints have to pay a fee equalling 1% of the value of the procurement, which cannot exceed 20,000 euros. [1] Representatives of…
Explore
Companies rarely complain because they believe that they will be discriminated against or unfairly disadvantaged in future procurement cycles. [1][2][3]
Explore
The Law on public procurements requires all suppliers to prove that they and their legal representatives are not found guilty of organised crime with…
Explore
No cases related to corruption in public procurements in defence has been investigated by the prosecution. [1][2][3] The number of individuals and especially companies…
Explore
Offences do not result in sanctions because they are not prosecuted, [1][2] and in many cases citizens and/or whistleblowers are afraid to report possible…
Explore
Offset Contracts
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?
View Question
The government claims that there are no offset contracts and no specific legislation for such contracts. [1][2] Annual reports of the Ministry [3][4][5][6] as…
Explore
The government claims that there are no offset contracts and no specific legislation for such contracts. [1][2] The procedure for offset contracts is not…
Explore
There are no formal policies or procedures that outline the reporting and delivery obligations for offset contracts. [1][2]
Explore
The government claims that there are no offset contracts. [1][2] Annual reports of the Ministry [3][4][5][6] as well as reports on oversight adopted by…
Explore
The government claims that there are no offset contracts. [1][2] Annual reports of the Ministry [3][4][5][6] as well as reports on oversight adopted by…
Explore
The government claims that there are no offset contracts. [1][2] Annual reports of the Ministry [3][4][5][6] as well as reports on oversight adopted by…
Explore
The government claims that there are no offset contracts or specific legislation for such contracts. [1][2] Annual reports of the Ministry [3][4][5][6] as well…
Explore
Agents / Brokers
Q73
0/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
View QuestionFinancing Package
Q74
25/100
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 Question
The existence of a financing package and the identity of the provider are made public, [1][2][3][4] but all further details related to the equipment,…
Explore
Seller Influence
Q75
NS/100
How common is it for defence acquisition decisions to be based on political influence by selling nations?
View Question
This indicator is not assigned a score in the GDI. According to SIPRI in the last year, Montenegro imported arms Canadian helicopters worth 37…
Explore
This indicator is not assigned a score in the GDI. The government provides general statements justifying military procurement by referring to military needs, [1]…
Explore
This indicator is not assigned a score in the GDI. The European Commission in its recent strategy concluded that Western Balkans countries have elements…
Explore