| Year of assessment | 2023 |
| Date of publication | September 2024 |
| Country procurement volume | N/A |
| Principal organisation | Autoridade Reguladora das Aquisições Públicas (ARAP) – Public Procurement Regulatory Authority |
| Main partners | African Development Bank (AfDB), World Bank (WB), European Union (EU) Delegation in Cabo Verde |
Cabo Verde
Recognizing the central role that public procurement plays in public service delivery, financial management, and sustainable development, this MAPS MAIN assessment resulted in recommendations targeting the development of a National Public Procurement Strategy, improved enforcement of procurement planning and data transparency, the enhancement of ARAP’s technical capacity, the integration of sustainability criteria in procurement processes, increased contract award transparency, stronger support for MSME participation, the establishment of a whistleblower protection framework, the disclosure of beneficial ownership in public contracts, and the implementation of a National Corruption Prevention Strategy
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Quick facts
Background
Why was a MAPS assessment initiated?
The Government of Cabo Verde (GoCV) initiated the MAPS assessment to strengthen its public procurement system and align it with international best practices. The main goals were to:
- Identify strengths, weaknesses, and gaps in the procurement system.
- Improve public financial management (PFM).
- Enhance accountability, integrity, and transparency in procurement.
Who Initiated the Assessment?
- The Government of Cabo Verde (GoCV) requested the African Development Bank (AfDB) to lead the assessment.
- The assessment was conducted with the involvement of ARAP, other government agencies, private sector representatives, civil society, and international development partners.
Brief Description of the Country’s Procurement System
- Centralized or Decentralized? The procurement system follows a delegation model, where procurement units (UGAs) operate at the entity level but remain under central oversight.
- Regulation: The system is based on the Public Procurement Code (PPC) (2015) and the Legal Regime of Administrative Contracts (RJCA), with influences from Portuguese and European public procurement laws.
- International Alignment: Cabo Verde is a member of ECOWAS and follows regional procurement agreements. The country is also a signatory to the African Continental Free Trade Area (AfCFTA).
Other Notable Aspects
- Recent Reforms:
- The Public Procurement Code (PPC) and RJCA were revised in 2015 to modernize the system.
- The e-GP (electronic Government Procurement) system was introduced but is still in an early stage of implementation.
Main results and impact
Lack of Implementing Regulations
- Some necessary implementing regulations, such as those related to non-eligible bidders and contract price revisions, have not been enacted.
Recommendations:
- Expedite the adoption of missing implementing regulations.
- Ensure compliance with the existing legal framework by updating procurement manuals and providing clear procedural guidelines.
Absence of a Sustainable Public Procurement (SPP) Strategy
- The legal framework does not include a clear SPP strategy, making it difficult to integrate economic, environmental, and social considerations.
Recommendations:
- Develop and adopt a formal SPP strategy.
- Introduce guidelines for life-cycle costing and sustainability-based award criteria.
- Amend legal frameworks to fully incorporate sustainability requirements in procurement.
Outdated Standard Procurement Documents
- Procurement documents do not align with modern electronic Government Procurement (e-GP) requirements, creating inefficiencies.
Recommendations:
- Revise and update standard procurement documents and contract clauses.
- Align procurement documents with e-GP functionalities to ensure digital integration.
- Conduct specialized training for procurement professionals on new procurement procedures.
Lack of a National Public Procurement Strategy and Policy
- The absence of a guiding strategy results in fragmented procurement processes and unclear performance benchmarks.
Recommendations:
- Develop and implement a National Public Procurement Strategy and Policy.
- Align procurement reforms with national development goals.
Weak Procurement Planning and Data Transparency
- Procurement planning is inconsistent across entities, and data transparency is poor, making oversight difficult.
Recommendations:
- Introduce a mandatory deadline (e.g., 5 working days) for publishing annual procurement plans on e-Compras.
- Enforce the use of e-procurement systems for all procurement entities.
- Transition from Excel-based procurement planning to an online database.
Limited Capacity and Imbalance in Staffing at ARAP
- ARAP lacks specialized procurement experts, focusing too much on management rather than technical expertise.
Recommendations:
- Restructure ARAP to prioritize technical expertise over administrative roles.
- Develop long-term training programs with measurable competency benchmarks.
- Strengthen professionalization of procurement roles through accreditation programs.
Weak Market Research and Planning
- Procurement is largely price-driven rather than value-based, with insufficient market analysis.
Recommendations:
- Enhance public procurers' capabilities in conducting market studies and supplier consultations.
- Develop procurement strategies that emphasize value-for-money rather than just cost.
Lack of Sustainability Considerations in Procurement
- Environmental and social factors are not systematically included in procurement decisions.
Recommendations:
- Establish a Sustainable Public Procurement Policy or Strategy.
- Mandate sustainability criteria in tender evaluations.
- Promote awareness and training on sustainable procurement practices.
Low Transparency in Contract Awards
- Only 14% of awarded contracts are publicly disclosed, undermining transparency.
Recommendations:
- Increase the publication of procurement information and awarded contracts.
- Mandate real-time reporting of procurement data in the e-Procurement system.
- Strengthen civil society oversight in procurement processes.
Challenges for Private Sector Participation
- MSMEs face barriers such as limited access to financing and unclear award criteria.
Recommendations:
- Conduct a study on the challenges faced by MSMEs in public procurement.
- Simplify procurement procedures to facilitate MSME participation.
- Improve supplier registration and awareness programs for economic operators.
Weak Civil Society Engagement
- Civil society organizations (CSOs) lack resources and training to monitor public procurement effectively.
Recommendations:
- Develop a CSO Capacity Building Program focused on procurement monitoring.
- Strengthen collaboration between CSOs, ARAP, and oversight bodies.
Lack of Whistleblower Protection Mechanisms
- There is no clear legal framework protecting whistleblowers in procurement fraud cases.
Recommendations:
- Introduce strong legal protections for whistleblowers in procurement-related cases.
- Establish confidential reporting channels for corruption cases.
Lack of Beneficial Ownership Disclosure
- Contractors’ beneficial ownership information is not systematically disclosed, creating risks of conflicts of interest.
Recommendations:
- Mandate beneficial ownership disclosure for all public contracts.
- Establish a public registry of beneficial ownership information.
Weak Enforcement of Anti-Corruption Measures
- The current enforcement of integrity and anti-corruption policies is ineffective.
Recommendations:
- Develop a National Corruption Prevention Strategy.
- Strengthen the independence and capacity of enforcement agencies.
- Establish a "Coalition against Corruption in Public Procurement" using technology such as blockchain and AI for monitoring.