Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
64a. Open competition
Niger score: 25/100
The majority of defence procurements are not conducted as an open competition.
Less than half (30-50%) of defence procurements are conducted as open competition. A majority of procurements are either restricted competition (i.e. 2-3 suppliers invited to compete) or single-sourced.
Most (50%+) defence procurements are conducted as an open competition, though a significant percentage of the value of contract (30% to 50%) are single-sourced.
The majority (70%+) of defence procurements are conducted as an open competition, though a significant minority of the value of contracts (10% to 30%) are single-sourced.
The vast majority (90%+) of defence procurements are conducted as an open competition, except in clearly defined and limited circumstances. There is a relatively small component (less than 10%) of single-sourcing.
The 2016 Public Procurement Code (1) and the 2013 Decree (2) provide for an open competition and include penalties against those attempting to undermine this. According to an interviewee, most defence procurements are conducted in open competition, though some percentage of the value of the contract is single-sourced (3). It is unclear what the proportions are. At the same time, as another interviewee noted, sometimes to respond quickly to an imminent threat, it is more reasonable to shorten a procedure without engaging in open competition, especially if there are only very few competent companies with the required specialized expertise. This proves flexibility on part of authorities to bend the law when strategic security concerns may be present, which is the case for Niger. However, it is difficult to determine if more than 50% of defence procurements are conducted as an open competition given the inherent non-transparent nature of the whole process.
1. “Décret n°2016-641/PRN/PM du 1er décembre 2016, portant Code des Marchés Publics et des Délégations de Service Public,” (Decree no.2016-641/PRN/PM of 1st December 2016, setting out the Code of Public Procurement and Delegations of Public Service), Republic of Niger, December 1, 2016, http://www.armpniger.org/workspace/uploads/reglementation/decret-641_1.pdf.
2. “Décret n°2013-570/PPN/PM du 20 Decembre, 2013 Portant modalités particulières de passation des marchés de travaux, d’équipements, de fournitures et de services concernant les besoins de défense et de sécurité nationales,” (Decree no.2013-570/PRN/PM of 20th December 2013, setting out the terms for the procurement of works, equipment, supplies and services contracts relating to defence and national security needs), Office of the Prime Minister, December 20, 2013, http://www.armp-niger.org/workspace/uploads/reglementation/code-millitaire.pdf.
3. Interview with senior Ministry of Defence official, June 5, 2018.
64b. Scrutiny of single/restricted competition procedures
Niger score: 0/100
Oversight agencies have no powers to question single/sole or restricted competition procedures.
Oversight agencies have some powers to question single/sole/restricted competition procedure selected or purchase and occasionally do so.
Oversight agencies have powers to question the competition procedure selected and actively do so in a number of cases.
All single/sole source and restricted competition procedure contracts are justified to external scrutiny who have powers to question the competition procedure selected.
All single source and restricted competition procedure contracts must be justified and subject to external scrutiny (such as parliament or the external audit office), who have the power to reject the competition procedure selected.
The assessor did not find evidence that there is an oversight body to question single/restricted competition procedures (1,2).
1. Interview with project manager of International NGO, May 31, 2018.
2. Interview with senior Ministry of Defence official, June 5, 2018.
Compare scores by country
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|Country||64a. Open competition||64b. Scrutiny of single/restricted competition procedures|
|Algeria||0 / 100||0 / 100|
|Angola||0 / 100||25 / 100|
|Burkina Faso||0 / 100||25 / 100|
|Cameroon||0 / 100||0 / 100|
|Cote d'Ivoire||0 / 100||0 / 100|
|Egypt||0 / 100||0 / 100|
|Ghana||0 / 100||0 / 100|
|Jordan||0 / 100||0 / 100|
|Kuwait||0 / 100||25 / 100|
|Lebanon||NEI||25 / 100|
|Mali||25 / 100||25 / 100|
|Morocco||0 / 100||0 / 100|
|Niger||25 / 100||0 / 100|
|Nigeria||NEI||0 / 100|
|Oman||0 / 100||0 / 100|
|Palestine||75 / 100||25 / 100|
|Qatar||0 / 100||0 / 100|
|Saudi Arabia||0 / 100||0 / 100|
|Tunisia||0 / 100||25 / 100|
|United Arab Emirates||0 / 100||0 / 100|