| Year of assessment | 2019 |
| Date of publication | April 2022 |
| Country procurement volume | 1.46 billion USD |
| Principal organisation | ARMP (Public Procurement Regulatory Authority) |
| Main partners | The World Bank (WB), African Development Bank (AfDB), Agence Française de Développement (AFD), European Commission |
Democratic Republic of the Congo
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 improvement of legal clarity on procurement regulations, the enhancement of institutional capacity and oversight mechanisms, the strengthening of procurement planning and execution processes, the promotion of competitive procurement methods, the establishment of structured transparency and accountability measures, and the reinforcement of engagement with the private sector and civil society.
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Quick facts
Background
Why was a MAPS assessment initiated?
The assessment was initiated to evaluate the gaps between the existing public procurement system in the DRC and international standards, propose actions for improvement, and train national evaluators to oversee reforms. This was driven by ongoing dissatisfaction with the system's performance despite past efforts at improvement.
Who initiated the assessment?
The MAPS assessment was proposed by the World Bank (WB) in collaboration with the Government of the DRC.
Brief description of the country procurement system
The DRC's procurement system is decentralized, with procurement management units (CGPMP) in each procuring entity. It is regulated by multiple bodies, including the ARMP (regulatory authority), the DGCMP (ex ante control), and an Approval Authority for final contract validation. A legal and regulatory framework was established in 2010, though weaknesses remain.
Anything else about the country that merits mention?
The public procurement system faces persistent challenges due to weak political support, inadequate funding, and resistance to change. The MAPS assessment aimed to address these issues through targeted strategic measures.
Were there any disruptions?
While not explicitly stated, the persistence of weaknesses 12 years after the 2010 reforms suggests ongoing disruptions linked to political, financial, and institutional resistance to change.
Main results and impact
Weak Enforcement of Procurement Audit and Oversight Mechanisms
- Issue: Audit and oversight mechanisms are not systematically enforced, leading to accountability gaps.
- Recommendations:
- Strengthen procurement audit functions and ensure the implementation of corrective actions.
- Improve coordination between oversight bodies to enhance accountability.
Limited Public Access to Procurement Information
- Issue: Procurement information, including contract awards, is not systematically published, limiting transparency.
- Recommendations:
- Expand public access to procurement data through an online portal.
- Mandate the proactive publication of procurement decisions, award notices, and contract execution data.
Limited Independence and Authority of the Public Procurement Regulatory Authority (ARMP)
- Issue: ARMP lacks sufficient independence and does not have the authority to enforce decisions, weakening oversight.
- Recommendations:
- Clarify ARMP’s legal status and grant it the necessary authority to ensure compliance.
- Strengthen ARMP’s institutional framework by ensuring its financial and administrative autonomy.
Weak Capacity and Lack of Professionalisation in Public Procurement
- Issue: The public procurement workforce lacks a structured capacity-building program, and there are no formal professionalisation pathways.
- Recommendations:
- Develop a national strategy for professionalising public procurement, including training programs and competency frameworks.
- Establish career paths and certification requirements for procurement professionals.
Excessive Use of Non-Competitive Procurement Methods
- Issue: Direct awards and other non-competitive procurement methods are frequently used without proper justification.
- Recommendations:
- Strengthen controls over direct awards and exceptional procurement methods to ensure they are justified and compliant with regulations.
- Promote competitive procurement practices through training and awareness programs.
Lack of Effective Market Engagement and Private Sector Participation
- Issue: Dialogue between the government and private sector on procurement practices is weak, leading to a lack of trust and low supplier participation.
- Recommendations:
- Establish structured mechanisms for government-private sector dialogue to enhance competition and trust in public procurement.
- Develop targeted initiatives to support SMEs and local businesses in participating in public procurement.
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.