Procurement Risk:

High

Score:

36/100

Government Policy

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Q57 100/100

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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Legal framework Score: NS / 100
This indicator is not assigned a score in the GDI. According to our sources, there is a legislation that clearly provides mandates for the…
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Corruption risks Score: 100 / 100
According to our sources, the legislations mentioned in 57A recognise the risk of corruption and provide a path for handling these corruption risks (1,2).…
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Effectiveness Score: 100 / 100
According to the Ministry of Defence, there are no items exempt from the control of the different procurement committees, no expenses can be executed…
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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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Formal procedures Score: 50 / 100
According to our sources, since 2014 all procurement of the state’s ministries are formalised. The defence procurement cycle, from the assessment of needs, through…
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Transparency Score: 25 / 100
According to our sources, there is a formal decree that obliges the state to make public procurement available, including military, but at present, the…
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Implementation Score: 25 / 100
As the laws are being implemented there is some unclarity in some articles and in the ongoing development of implementation and monitoring mechanisms. The…
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Q59 42/100

Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?

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Independence Score: 25 / 100
According to our sources, there are oversight mechanisms (oversight units and defined procedures) designed by law to monitor and have oversight over the military…
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Effectiveness Score: 50 / 100
According to our sources, there are oversight bodies which have the capacity to issue reports, however, their reports do not include recommendations and they…
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Transparency Score: 50 / 100
General information about the activities of the special committees of control of expenditures can be found in the annual reports of the High Committee…
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Q60 13/100

Are potential defence purchases made public?

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Policies Score: 0 / 100
According to our sources, there is a some publication of small military purchases. These purchases are usually logistics, food, uniform, benzin, and similar items(1,2).…
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Notice of planned purchases Score: 25 / 100
According to our sources, there are rare times when forward planning purchases are made public. They usually advertise for procurement a few months before…
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Q61 13/100

Are actual defence purchases made public?

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Comprehensiveness Score: 25 / 100
According to our sources, strategic purchases are usually published online before the actual purchases occur. However, other items such as ammunitions may not be…
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Accessible data Score: 0 / 100
According to our sources, there is no detailed information about all purchases. It is hard to have access to all data because this information…
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Capability Gap and Requirements Definition

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Q62 63/100

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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Formal policies Score: 25 / 100
According to our sources, some laws and regulations define clearly the procedures and the process of discrimination against companies that are engaged in corruption…
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Consistent implementation Score: 100 / 100
According to our sources, these laws and regulations are applied strictly in all cases (1,2,3). The Ministry of Defence declared that the rules of…
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Q63 33/100

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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Procurement requirements Score: 0 / 100
According to our sources, although there is a defense strategy, it is no comprehensive and procurement are not derived from it. The procurement are…
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Scrutiny Score: 50 / 100
According to our sources, there are several agencies that have a mandate to scrutinise the procurement procedures of the MoD. These instiutions include the…
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Purchases Score: 50 / 100
According to our sources, major purchases such as tanks, armored vehicles, ammunition, and others are based on real needs and derived somehow indirectly from…
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Tender Solicitation, Assessment and Contract Award

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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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Open competition Score: 0 / 100
According to our sources, military procurement is not always conducted in an open competition (less than 15%). Although a big portion of the procurement…
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Scrutiny of single/restricted competition procedures Score: 25 / 100
According to our sources, there is, in theory, a committee that oversees and scrutinises the work on tenders’ commissions. However, this committee can be…
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Q65 38/100

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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Conflicts of interest Score: 50 / 100
According to our sources, the procurement officials are subject to sign a code of conduct and reveal any assets, as well as revealing if…
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Audit Trail Score: 50 / 100
Procurements are subject to prior control at each stage of the procedure. There is an audit trail of officials who are members of the…
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Transparency Score: 50 / 100
Tender board regulations and codes of conduct are only partially transparent when it comes to military procurement procedures. Although the regulations and policies exist,…
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Scrutiny Score: 0 / 100
According to our sources, there is no external verification mechanism for the specifications of tenders. The internal procurement officials are the only verification mechanisms…
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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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Legal framework Score: 50 / 100
A review of regulations applicable to the defence and security sector confirms the absence of specific provisions for collusion in defence and security. However,…
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Sanctions Score: 25 / 100
Article 177 of Decree n°1039-2014, dated 13 March 2014, organising public procurement, imposes that the public purchaser cancels the tender if the bidder is…
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Enforcement Score: 25 / 100
According to our sources, there are many cases investigated relating to procurement and bidders collusion, however, many cases end up being solved in a…
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Training Score: 0 / 100
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Contract Delivery and In-Service Support

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Q67 44/100

Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?

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Reporting policies & procedures Score: 50 / 100
Some formal policies and procedures outline how to monitor supplier’s services or delivery obligations. To ensure the contract holders respect this clause, the specifications…
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Transparency Score: 0 / 100
According to our sources, contract information on contracts, (failed or not failed) are not published or made available for the public. Post-award of Ministry…
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Monitoring Score: 50 / 100
According to our sources, there is an M and E mechanism in place and reports are produced by officials. These reports can be annual,…
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Enforcement Score: 75 / 100
According to our resources, breaches of contract are acted upon. Since 2013, there have been many cases where the breach of contract resulted in…
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Q68 58/100

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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Complaints mechanisms Score: 100 / 100
According to our sources, there is an accessible mechanism that allows companies to complain about misconduct or disputes between them and the MoD (1,2).…
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Effectiveness and Accessibility Score: 75 / 100
According to our sources, the mechanism is cheap in terms of cost, which includes a letter of complaint and waiting time. This mechanism allows…
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Retaliation Score: 0 / 100
According to our sources, there are few cases of complaints at the ministry level. Given the amount and size of procurement, there are few…
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Q69 75/100

What sanctions are used to punish the corrupt activities of a supplier?

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Sanctions Score: 100 / 100
According to our resources, there is clear and well-defined published legislation (Penal Code Article 82) with regards to sanctions against corruption activities within the…
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Undue influence Score: 75 / 100
According to our resources, there is clear evidence that corruption cases are being investigated, however, there might be political influence on the procedures of…
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Application of sanctions Score: 50 / 100
According to our sources, there are cases of persecution, but there are no follow ups from the media or the justice department on the…
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Offset Contracts

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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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Legal framework Score: 0 / 100
According to our sources, the Tunisian MoD and armed forces have not had a policy of offset contracts or regulations for a long time(1,2).
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Due diligence Score: 0 / 100
According to our sources, the Tunisian MoD and armed forces have not had a policy of offset contracts or regulations for a long time(1,2).
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Q71 0/100

How does the government monitor offset contracts?

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Policies & procedures Score: 0 / 100
According to our sources, the Tunisian MoD and armed forces have not had a policy of offset contracts or regulations for a long time(1,2).
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Transparency Score: 0 / 100
According to our sources, the Tunisian MoD and armed forces have not had a policy of offset contracts or regulations for a long time…
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Monitoring Score: 0 / 100
According to our sources, the Tunisian MoD and armed forces have not had a policy of offset contracts or regulations for a long time(1,2).
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Enforcement Score: 0 / 100
According to our sources, the Tunisian MoD and armed forces have not had a policy of offset contracts or regulations for a long time…
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Q72 0/100

What level of competition are offset contracts subject to?

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Score: 0 / 100
According to our sources, the Tunisian MoD and armed forces have not had a policy of offset contracts or regulations for a long time…
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Agents / Brokers

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Q73 100/100

How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?

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Policies Score: 100 / 100
According to our sources, the use of agents and mediators in military expenditures is forbidden by law in Tunisia. This policy is applied to…
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Enforcement Score: 100 / 100
According to our sources, sanctions are applied in cases of the use of agents and intermediaries. There are clear mechanisms on applying these sanctions(1,2).…
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Financing Package

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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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Score: 0 / 100
According to our sources, the MoD and the armed forces publish no data on the financing packages (1,2). Other sources argue that this aspect…
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Seller Influence

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Q75 NS/100

How common is it for defence acquisition decisions to be based on political influence by selling nations?

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Prevalence: selling nations Score: NS / 100
This indicator is not assigned a score in the GDI. According to our sources, Tunisia is one of the few North African countries whose…
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Justification Score: NS / 100
This indicator is not assigned a score in the GDI. According to our sources, the Government explains and justifies in many cases the military…
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Prevalence: domestic pressures Score: NS / 100
This indicator is not assigned a score in the GDI. According to our sources, there is no domestic pressure in relation to military purchases.…
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