Procurement Risk:
Very High
Score:
17/100
Government Policy
Q57
75/100
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. The Ministry of Defence includes the Department for Public Procurement, responsible for covering the…
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Niger passed legislation that covers defence and security procurement with particular attention to corruption risks. Article 8 of the 2016 Code defines corruption as…
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It is difficult to evaluate the effectiveness both of the 2016 (1) and 2013 Decrees (2). However, some indirect evidence shows that the procurement…
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Q58
50/100
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 defence procurement cycle is formalised and regulated by two decrees: the 2016 Code for Public Procurement (1) and the 2013 Decree that regulates…
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All purchases for the MoD fall under either the 2016 Code for Public Procurement (1) or under the 2013 Decree (2) that regulates security…
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The legislation includes policies and procedures for each step of the implementation process of the procurement cycle (1), (2). However, it is difficult to…
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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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The procurement oversight mechanism is a formalised process. According to art. 71 of the 2013 Decree on public procurement regarding defence and security: “without…
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The last audit was carried out by the State Inspectorate General in 2016 (1), who responds directly to the President and exercises oversight over…
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Given the confidential dimension of the procurement process (1), formal oversight mechanisms are no ttransparent. According to Art. 71 of the 2013 Decree, the…
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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?
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The Nigerien government has adopted legislation detailing how it selects suppliers and sub-contractors. The legislation also includes anti-corruption standards for the main contracts or…
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Given the confidentiality of the content of the procedures (1), it is difficult to determine whether contractors and sub-contractors of the Ministry of Defence…
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Q63
17/100
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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Niger’s procurement needs are primarily based on strategic security concerns and their efforts to contain the armed groups that have sprung up along its…
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An interviewee stated that the last time the Inspector General of the Army conducted oversight of procurement was in 2016. As for the Security…
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The inspector general of the army lacks resources to carry out field missions, so auditing is not conducted to establish whether purchases are always…
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Tender Solicitation, Assessment and Contract Award
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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Q65
31/100
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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According to Art. 28-29 of the 2013 Decree, tender boards can be formed for negotiations. Typically, they comprise of between three and five experts,…
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Article 35 of the 2013 Decree provides for a posteriori control: “Contracts negotiated by direct agreement in the context of the present decree are…
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There is transparency about the procedures of the tender board and the Code of Ethics. The system of ethics is available on the website…
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Article 35 of the 2013 Decree provides for a posteriori control: “Contracts negotiated by direct agreement in the context of the present decree are…
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Q66
25/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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Decree No. 2013/570/PRN/PM, Chapter XIII (Contrôle à postériori et sanctions A posteriori control and sanctions), Article 74, Section 3, prohibits acts of collusion among…
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Decree No. 2013/570/PRN/PM, Article 75, Sections 1–6, is clear about the sanctions imposed on companies convicted of bribery or corruption during a procurement bid.…
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The assessor found no evidence that collusion has taken place in defence procurement or more broadly in public procurement in recent years (1,2). However,…
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Decree No. 2013/570/PRN/PM, Chapter XIII (Contrôle à postériori et sanctions A posteriori control and sanctions), Article 74, Section 3, prohibits acts of collusion among…
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Contract Delivery and In-Service Support
Q67
13/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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There are several formal policies to ensure that contractors meet their service and delivery obligations. These are mentioned in Art. 10 of the 2013…
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Due to the confidentiality of the procurement process (1), the assessor identified no evidence related to reporting and delivery obligations of contractors.
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The Department of Public Procurement of the Ministry of Defence is composed of two divisions one regulates the procurement process, and another is responsible…
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Given the confidentiality of the procurement process (1), it is not possible to evaluate if there were breaches of contract and if they are…
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Q68
NEI/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 2016 Code on Public Procurement provides bidders with non-jurisdictional and jurisdictional mechanisms to file complaints about perceived malpractices or infringements (Art. 164-169) (1).…
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The assessor did not find any evidence that there were companies that have lodged complaints about being unfairly disadvantaged or debarred from future procurements.…
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This indicator has not been assigned a score due to insufficient information or evidence. Neither the 2016 Procurement Code (1) nor the 2013 Decree…
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Decree 2013/570/PRN/PM, Article 75, Sections 1–6 states clearly the sanctions that can be imposed on companies convicted of corrupt activities as a supplier. Article…
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Despite the formal inclusions of sanctions in the legislation, the assessor found no evidence of corruption cases being investigated or prosecuted, and therefore, no…
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Despite the formal inclusions of sanctions in the legislation, the assessor found no evidence of corruption cases being investigated or prosecuted, and therefore, no…
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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?
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The assessor found no formal policies or procedures that outline the reporting and delivery obligations for offset contracts in the case of Niger (1,…
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The assessor found no formal policies or procedures that outline the reporting and delivery obligations for offset contracts in the case of Niger (1,…
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The assessor found no formal policies or procedures that outline the reporting and delivery obligations for offset contracts in the case of Niger (1,…
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The assessor found no formal policies or procedures that outline the reporting and delivery obligations for offset contracts in the case of Niger (1,…
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The assessor found no formal policies or procedures that outline the reporting and delivery obligations for offset contracts in the case of Niger (1,…
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Agents / Brokers
Q73
0/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
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There is no indication that the government imposes any restrictions over the use of agents or intermediaries. No relevant provisions were found in the…
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There is no indication that the government imposes any restrictions over the use of agents or intermediaries. No relevant provisions were found in the…
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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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There is no evidence that the existence of a financing package and the identity of providers is usually made public (1,2). However, some major…
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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. Given the secrecy around the acquisition process, it is difficult to know if acquisitions…
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This indicator is not assigned a score in the GDI. The lack of justification(s) provided by the government for its (secret) acquisitions may warrant…
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This indicator is not assigned a score in the GDI. Given the secrecy around the acquisition process, it is difficult to know if acquisitions…
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