Procurement Risk:
Critical
Score:
12/100
Government Policy
Q57
0/100
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. A procurement law was passed in 2018 and covers the security and defence sector…
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Corruption is not discussed as the main premise for enacting the Act. In other words, the Act does not originate from the premise that…
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The Procurement Act was signed into law on April 26, 2019. A key stipulation in the Act is the establishment of the South Sudan…
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Q58
33/100
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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There is a formalised process to evaluate and shortlist service providers and suppliers to the Ministry.[1] Contractors are also subject to an evaluation/assessment process…
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There is no evidence that detailed policies and procedures for the steps in the procurement cycle are made public. Moreover, since the Procurement Act…
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There is no evidence that detailed policies and procedures for the steps in the procurement cycle are made public. Since the Procurement Act was…
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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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Procurement oversight mechanisms are formalised but the extent to which they are independent is something that is yet to be established (eg. by an…
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A review of South Sudanese media coverage shows there is no evidence of such processes taking place so far, which is an indication of…
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There is no information that procurement oversight mechanisms inform the public about their activities. Subsequently, finding evidence of information that these mechanisms help the…
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There is no publicly available information to grade this indicator according to the types of timelines mentioned; as such, it is marked ‘Not Enough…
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There is no information made publicly available on forward purchase plans. Official policy documents such as the SPLA White paper suggest that there is…
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With an arms embargo in place, there isn’t any public information available on purchases. Under the embargo, non-lethal materials/equipment can still be purchased by…
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Data is hardly released to the public on defence procurement, which is also not made public. Information about defence procurement has in the past…
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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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The Procurement and Disposals Act obliges companies to meet a number of requirements, including declaring if their directors or people with decision-making authority have…
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This indicator is marked ‘Not Applicable’. The Procurement Act 2018 only came into effect on April 26, 2019. Since then, there have been no…
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Q63
25/100
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 policy is a public document but there is no detailed language in it about defence procurement tied to objectives spelt out in…
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There is no publicly available information to score this indicator; as such, it is marked ‘Not Enough Information’. While institutions such as the National…
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The Ministry of Defence bases at least its major purchases on clearly identified requirements, but there are opportunistic and unplanned purchases. For instance, nowhere…
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Tender Solicitation, Assessment and Contract Award
Q64
NEI/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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It is not possible to gauge percentages or rates for the amount of procurement conducted through open competition, because such information is not available…
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There is no publicly available information to score this indicator; as such, it is marked ‘Not Enough Information’. While institutions such as the National…
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Q65
44/100
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 the board, the governing body of the Procurement Authority (which is yet to be established), are obliged to disclose conflict of interest…
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There are several processes in the selection and design of tender specifications that leave an audit trail. For instance, the bid process must list…
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As listed in the Procurement Act, the regulations and codes of conduct are fully transparent throughout the bidding cycle. Bids are listed publicly, prices…
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The Procuring Authority is obligated to maintain links with relevant “oversight” agencies with related interest in public procurement. [1] In this case, these could…
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Q66
NEI/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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Laws are in place to prevent collusion between bidders and those awarding tender. The procurement act spells out a code of conduct for members…
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The legislation is clear. Bidders accused of exerting undue influence on officials can be penalized by law. Disbarment periods are unspecified but will be…
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There is no publicly available information to grade this indicator; as such it is marked ‘Not Enough Information’. While the procurement act spells out…
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There is no publicly available information to grade this indicator; as such it is marked ‘Not Enough Information’. Sources contacted for information have not…
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Contract Delivery and In-Service Support
Q67
8/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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Policies for monitoring, assessing and reporting on a supplier’s service and delivery obligations are outlined in the procurement act. They mostly focus on evaluation…
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According to the procurement act, when a contract comes into force, the Procuring Entity shall “promptly publish notice of the Award, of the Contract,…
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Although by law procurement departments are obliged to have an evaluation committee, the role of the committee seems to be restricted to evaluating contracts…
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There is no publicly available information regarding the breaches of contracts and the enforcement of monitoring practices. It is therefore not clear whether breaches…
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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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Formal mechanisms, including a court process do exist in South Sudan. The procurement act, for example, outlines an internal complaints mechanism that service providers…
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Although a complaints mechanism exists in the procurement act, there is no publicly available information on their effectiveness [1] to allow a grading of…
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There is no publicly available information to score this indicator; as such, this indicator is marked ‘Not Enough Information’. Sources contacted for information were…
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The Public Procurement and Disposal of Assets legislation provides for the exclusion of companies and their officials for fraudulent behaviour [1] [2]. Procurement officials…
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With specific reference to the defence sector, news of contractors being sued by the defence ministry do not exist in the public domain. As…
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The procurement act outlines the range of actions in the rubric for score 4, including barring any contractor from bidding for future contracts for…
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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 procurement act, and the public financial management act do not spell out any policy on offset contracts [1, 2]. The SPLA White Paper…
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As outlined in 70A and 71A, there is no mention of any policy on offset contracts in the the procurement act, the public financial…
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As outlined in 70A and 71A, there is no mention of any policy on offset contracts in the the procurement act, the public financial…
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As outlined in 70A and 71A, there is no mention of any policy on offset contracts in the the procurement act, the public financial…
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As outlined in 70A and 71A, there is no mention of any policy on offset contracts in the the procurement act, the public financial…
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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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A thorough review of the procurement act, with special focus on the parts that determine the qualification criteria for bidders, indicates that there is…
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A thorough review of the procurement act, with special focus on the parts that determine the qualification criteria for bidders, indicates that there is…
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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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Since South Sudan’s independence in 2011, there is no history of government engaging in an open process to buy military hardware that details aspects…
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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 that there is no publicly available information that has leaked out about the…
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This indicator is not assigned a score in the GDI. The government has not even acknowledged the purchase of the weapons cited in 75A,…
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This indicator is not assigned a score in the GDI. So far none of the known purchases in the SIPRI data base and those…
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