Procurement Risk:
High
Score:
49/100
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?
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This indicator is not assigned a score in the GDI. The issues of awarding public contracts in the defence and security are generally regulated…
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Legislation on defence procurements is part of the Public Procurement Act, based on EU procurement directives. It covers some direct and indirect anti-corruption issues,…
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Legislation on defence procurements is part of the Public Procurement Act. It specifies a set of cases when the provisions of the act do…
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Q58
75/100
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 process of acquiring military equipment is a formal one and described from the stage of identification and generation of needs to implementation and…
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Description of processes is publicly available (see 58A). However their performance and documents produced are in most cases classified or not public. They are…
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There are detailed procedures for each step of the cycle, as described in 58A. However, important shortcomings happen, such as the cancellation of the…
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Q59
50/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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Procurement oversight is carried out outside the chain of command by the Anti-Corruption Procedures Unit in the minister’s office, Military Police and the Military…
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The Anti-Corruption Procedures Unit has the task of monitoring procurement procedures [1]. From January 2018 to April 2019 the unit provided general monitoring on…
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Usually, the reports and recommendations of the oversight bodies are classified (restricted), and consequently, they are not public. From time to time, the defence…
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Procedures of long term acquisition planning are based on Act on reconstruction, technical modernization and financing of the Armed Forces of the Republic of…
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Long term (15 year) plans for modernisation of armed forces are classified and only some general information on armament projects are published. [1] For…
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In the case of public procurements based in principle on the Public Procurement Law, the documentation of proceedings is public and is initiated after…
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Data on open, non-classified defence (and not-defence) procurements can be to some extend downloaded form two obligatory electronic information services, where procuring entities publish…
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Capability Gap and Requirements Definition
Q62
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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The defence chapter of the Public Procurement Law defines general criteria required of companies to participate in public procurement tenders. The law also defines…
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These weak regulations seem to be implemented, however, the implementation is based on the declarations of contractors mainly. The contracting entities, as the Armament…
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Q63
8/100
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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The Defence Concept of the Republic of Poland (May 2017), gives only very general indications on acquisition needs. They are too broad to indicate…
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The strategy documents are too general in nature to indicate clearly identified and quantified requirements, and whether real scrutiny is provided [1]. In many…
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Formally all procurements are based on a set of identified and quantified requirements. However, they are developed after the strategic planning stages. In many…
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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)?
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Counting the value of contracts, single-source procurements result in 64% of contracts awarded in line with the Public Procurement Act [1] and of 75%…
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The President of the Public Procurement Office has the formal power to question the accuracy of single-source procedure selection before the award of the…
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Q65
63/100
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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Members of tender boards and other staff taking part in the procurement procedure are required to submit a conflict of interest declaration. False statements…
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Audit trial is possible on the procurement stage. The procurement protocol usually contains necessary information on decisions undertaken by the tender committee. Audit trial…
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Tender boards regulations, based on the Public Procurement Law and the MoND’s Decision No.367/MON as well as codes of conduct are mainly transparent [1,…
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Only part of specifications are verified by the MoD anti-corruption unit before formal announcement of tenders.
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Q66
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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Collusion among bidders is prohibited by the Competition and Consumer Protection Act (Article 6, paragraph 1, point 7) [1]. Collusion between bidder(s) and official(s)…
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Article 305 of the Penal Code contains provisions on the unlawful obstruction of a public tender, including the collusion of contractors. The perpetrator is…
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There are several cases of investigations and prosecutions through formal processes. For example, an indictment (criminal case) against three individuals regarding the collusion between…
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There is no regular training regarding the identification of tender collusion [1].
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Contract Delivery and In-Service Support
Q67
56/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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he system of quality assurance is based on the Act on Conformity Assessment System of Products earmarked for the National Defence and Security purposes…
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The contracts are not published publicly [1]. On the Inspectorate of Armament’s website, there is only general information about the signed contract, such as…
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Monitoring of the contract implementation is provided by the Regional Military Representative Offices or respective foreign quality assurance institutions if rules on Mutual Government…
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There are instances of enforced contract violations. An example is the charging of 1 million PLN (~230,000 EUR) for the delay in the delivery…
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Q68
83/100
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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In procurement procedures implemented under the Public Procurement Law, the appeal procedure is described in section VI of the law [1]. It is possible…
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Companies use the complaint mechanism of the Public Procurement Law quite regularly. A total of 24 appeals related to defence and security procurements were…
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The complaints mechanism included in the Public Procurement Law has been widely used [1, 2]; therefore, it is possible to infer that companies are…
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A contractor convicted of corruption (as legal entity or its members of management or supervisory body) is excluded from public procurement procedures. Such provisions…
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Cases of suspected corruption are generally prosecuted using formal procedures of the Code of Criminal Procedure. [1]. An example of such activities can be…
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Offences can result in criminal sanctions (including imprisonment and fines) against a supplier’s representatives, however, very rarely against the supplier itself. The Act on…
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Offset Contracts
Q70
50/100
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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Offset contracts are permitted and regulated by the “Offset Law” of 2014. [1] Only direct offset is allowed, no third parties take part in…
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The “Offset Law” contains no provisions on imposing anti-corruption due diligence on contractors. Only direct offset is allowed, no third parties take part in…
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Offset contracts are monitored by the state, and the detailed rules for monitoring the performance of offset obligations are based on the “2014 Offset…
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Generally, the contracts are not considered to be secret, except for data that threatens the fundamental interests of national security, including classified or protected…
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Since the entry in force of the “Offset Act” [1], new contracts are monitored by the MoND, while earlier contracts are monitored by the…
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There are no data or information on offset contract breaches for the last 4 years, consequently the enforcement can not be ranked. The audit…
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In line with the art. 7 of the Offset Act the offset contracts are single-sourced. Even if the procurement is not single-sourced the offset…
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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?
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?
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Some information on the financing package is made publicly available, such as the sums involved in a tender advertisement. However, there are several cases…
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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. It is difficult to verify whether some acquisitions are granted as a result of…
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This indicator is not assigned a score in the GDI. The government justifies purchases by referring to military needs defined in relevant strategic programmes…
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This indicator is not assigned a score in the GDI. Domestic political pressure is very common when buying armaments. This is mainly related to…
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