Procurement Risk:
Very High
Score:
23/100
Government Policy
Q57
25/100
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. Palestine has no military or defence legislation that covers defence and national forces purchases.…
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Palestine has no legislation covering the security and national forces apparatuses (except the intelligence agency), which refers to corruption risks. The general law of…
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Security sector and national forces purchases are procured in line with the legislation of the MoF (2). However, there are a few exceptions that…
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Q58
58/100
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 cycle process is formalized in terms of providing requirements for contract execution and disposal of assets so that these instructions are effectively…
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The security and national forces procurement cycle is disclosed in the beginning (advertisement) for competition, however without clear explanations. Additionally, many elements from the…
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Acquisition of assets through the General Supplies Directorate is required to be done following the Procurement Law and in accordance with the clear working,…
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Q59
25/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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Procurement oversight mechanisms are formalized within the SBAAC and the military, financial auditing department within the MoF (1). However, their activity is inconsistent across…
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Procurement oversight mechanisms exist, however, not all activities mentioned in score four are present, and sometimes the mechanism is avoided because of political influence…
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Evidence of oversight, scrutiny, and monitoring are rarely made public by the relevant procurement oversight institutions, and when information is released, the content is…
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There is no planning for potential purchases within the PA or its national forces. Preparation for purchases usually happens within months, or in less…
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There is no information available about purchase planning. According to the MoF and the military department at the MoF, this data is not available…
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Security sector and military purchases are rarely (if ever) made public, though a total aggregate may be disclosed in the general budget of the…
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According to AMAN, HR organizations and journalists, there is no access to information law enforced in Palestine, and to access information related to purchases,…
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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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According to the website of the MoF, for companies that want to compete for bids, the only requirement from contractors or suppliers is to…
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This indicator has been marked Not Applicable because there is no evidence of policies that require contractors,and suppliers to sign an anti-corruption class. According…
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Q63
42/100
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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There is no national defence/security strategy, which makes the procedures in place for general procurements follow the civil administration guidelines of the PA. According…
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As no strategy covers defence and security sector procurement and purchases, there is no oversight on how procurements or needs of purchase are being…
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There is no national strategy, and therefore, all purchases are outside. In many cases, the purchases are opportunistic, as it is politically influenced or…
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Tender Solicitation, Assessment and Contract Award
Q64
50/100
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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Usually, security and national forces procurement is conducted in open competition and calls for tenders are typically published on the MoF website, and in…
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The MoF military audit department and the SAABC are oversight agencies that have some powers to question single/sole/restricted competition procedures. Questioning is a bureaucratic…
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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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Staff with a role in designing tender specifications are subject to regulations or codes of conduct that are designed to prevent conflict of interest,…
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It s difficult to access every detail as the system has some significant gaps in connecting data, officials, and their activities (1). They face…
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Transparency in tender and procurement procedures is vague, and it is impossible to access information on the tenders’ activities (1). However, the Code of…
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The SAABC and other auditing departments are allowed access to information in order to conduct monitoring and oversight (1).
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Q66
50/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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There is no legislation specific to the security/national forces sector, but there is broader legislation that addresses collusion between bidders and officials (1). The…
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There is clear legislation (1) and implementation guidelines empowering procurement officials to exclude companies that do not meet the guidelines and requirements stated within…
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Cases are nominally investigated but are not often pursued to prosecution (1). This legislation is only to regulate the relationship between bidders and the…
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There is no evidence that procurement officials receive training on collusion.
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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?
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There are no formal policies or procedures that outline how to monitor, assess and report on a supplier’s service and or delivery obligations (1),…
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As there are no reporting procedures and guidelines, when reporting is conducted, there is no transparency in the reporting and delivery obligations of contractors…
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Officials conduct some monitoring activities, but not regularly. They only submit a completion report of the delivery of the service or supplies, but rarely…
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Officials conduct some monitoring activities, but not regularly. They only submit a completion report of the delivery of the service or supplies, but rarely…
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Q68
33/100
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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According to Article 56 of General Supplies and Procurement Law (2014), there are formal mechanisms in place to allow companies to complain about perceived…
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The complaints mechanisms available to companies are costly and inefficient and are thus rarely used. This includes the suspension of financial payments and sometimes…
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Companies believe that if they complain they will be excluded from applying for other bids or be disadvantaged from future business. Therefore many use…
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There are a general supply and procurement regulations that provide officials with the capacity to exclude companies if they do not meet specific criteria,…
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In corruption cases, companies and officials can be investigated (1), (3). However, these investigations rarely go to trial or result in penalties. Generally, there…
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There are rare cases that officials and companies have been punished. Usually, incidents are ended by negotiating other solutions rather than punishments being handed…
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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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According to the law (1), some formal policies and procedures outline the delivery obligations for offset contracts (based on the amount of money), the…
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The MoF and security agencies do not make any details about off-set contracts transparent (1). Post-contracting remains ambiguous and no reports to either the…
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Officials rarely produce a complete report upon delivery, as they are for internal bureaucratic use (1). Reports that are made are superficial and are…
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As there are no regulations concerning offset contracts, there is no enforcment of any law (1), (2).
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Offset contracts are generally conducted outside the law as they have no defined policies and no regulations to manage them (1). Single source contracts…
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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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It is difficult to assess or validate its existence as there is no information concerning the use of agents and intermediaries. As the vast…
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This indicator is marked Not Applicable because there is no explicit policy of sanctions against the contractors or sub-contractors in general (1). As contractors…
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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 are no financing packages within the national forces sector. All ammunition, weapons, and needs are provided through donations from foreign countries (USA, EU).…
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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. Even though the national forces and security agencies in Palestine do not have huge…
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This indicator is not assigned a score in the GDI. The government does not justify the national forces and security agencies procurement by referring…
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This indicator is not assigned a score in the GDI. As Fatah is the leading party in the West Bank, and the entire PA…
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