COVID-19 Africa Public

Finance Response Monitor

Streamlining public procurement

processes during COVID-19:
Balancing efficiency and accountability
 Contents
Acknowledgements......................................................................................................................................................................................... 2
Tables ............................................................................................................................................................................................................. 3
Acronyms and abbreviations ......................................................................................................................................................................... 3

1. Introduction........................................................................................................................................................................................... 5

2. Principles of emergency public procurement .......................................................................................................................................7

3. African governments’ emergency procurement responses during COVID-19.......................................................................................8

3.1 Emergency procurement processes............................................................................................................................................8
3.2 Transparency and accountability measures..............................................................................................................................10

4. Case studies: Emergency procurement during COVID-19...................................................................................................................16

4.1 Senegal...................................................................................................................................................................................16
4.2 South Africa............................................................................................................................................................................17
4.3 The African Union..................................................................................................................................................................18

5. Conclusion .......................................................................................................................................................................................... 22
Annexure 1: Survey on adjustments to PFM processes in response to COVID-19. Questions asked relevant to procurement.................. 23
References..................................................................................................................................................................................................... 24

Acknowledgements
This report forms part of a series of publications informed by CABRI’s COVID-19 Africa Public Finance Response
Monitor. The reports support policymakers by providing insight into managing and mitigating crises, what elements of
their PFM systems need to be strengthened and how systems can prove more resilient and lower the cost associated
with exogenous crises in the future. This report was written by Kerry Kopke and reviewed by Philipp Krause, Danielle
Serebro and Fréjus Lingue of the CABRI Secretariat.

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COVID-19 Africa Public Finance Response Monitor
Tables

Table 1: COVID-19 emergency procurement processes in Africa.......................................................................................................9

Table 2: COVID-19 emergency procurement processes relating to finance in Africa......................................................................10
Table 3: COVID-19 emergency procurement transparency measures.............................................................................................12
Table 4: COVID-19 emergency procurement accountability measures............................................................................................13

Acronyms and abbreviations

Africa CDC African Centres for Disease Control and Prevention
AMSP Africa Medical Supplies Platform
ARMP Regulatory Authority on Public Procurement (or the l’Autorité de Régulation des
Marchés Publics du Sénégal)
AU African Union
CABRI Collaborative Africa Budget Reform Initiative
CSD central supplier database
DMA Disaster Management Act
EPG emergency procurement guideline
IMF International Monetary Fund
MFMA Municipal Finance Management Act
OECD Organisation for Economic Development
PFM public financial management
PFMA Public Finance Management Act
PPE personal protective equipment
SCM supply chain management
SIU Special Investigating Unit
SMEs small to medium-size enterprises
UNICEF United Nations International Children’s Emergency Fund

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Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
 Introduction
1

The COVID-19 pandemic placed governments worldwide and the correct individual or organisation is awarded the
under extreme procurement pressure to scramble and contract. Therefore, the rules in place are stringent, with
source COVID-19-related essential works, goods and services many levels of authorisation. This usually translates into
(Transparency International, 2020). Possibly only equivalent a time-consuming process, but following all the steps
to the world wars in the twentieth century, the global nature and lengthy time periods may not be appropriate in an
of the pandemic, unlike previous emergencies, has meant emergency. In emergency public procurement, the necessity
increased competition between countries for the same for proper procurement process must be balanced against
supplies. The responses to the pandemic, notably lockdowns the requirement of urgency and the ability of governments
and confinement measures, have also put supply chains at to respond with speed to source the required goods and
risk (OECD, 2020). This resulted in sky-rocketing demand for services.
certain works, goods and services, increasing the risk of fraud
This report provides a general overview of the emergency
and corruption and undesirable practices like price gouging
procurement measures implemented by African ministries
(Transparency International, 2020).
of finance and procurement authorities in response to
Africa has had recent experience with a viral epidemic the COVID-19 crisis and evaluates those measures against
in the form of the Ebola virus crisis in 2014 that impacted considerations of accountability and transparency. It is
countries in West Africa, namely Sierra Leone, Liberia, critical that this balance is achieved because the emergency
Guinea and Nigeria (Dupuy & Divjak, 2015). Furthermore, procurement process is very susceptible to corruption
Africa also has its share of political instability and civil unrest (Schultz, 2008). The report utilises data collected as part of
and, therefore, lessons learnt from the Ebola virus crisis the Collaborative Africa Budget Reform Initiative’s (CABRI)
have influenced emergency procurement requirements, as COVID-19 Public Finance Response Monitor (PF Response
illustrated by the development of the African Union’s (AU’s) Monitor) and contributes a big-picture analysis of how
internal emergency procurement guidelines (EPGs) in 2018. African public financial management (PFM) systems have
However, the specific procurement pressure introduced by fared during this crisis.
the COVID-19 pandemic, such as increased competition, has
The data collected for the PF Response Monitor comes from a
been further complicated by increased uncertainty (OECD,
variety of sources, including budget documents, government
2020). Consequently, COVID-19-related procurement has
press releases, international financing institutions’ press
called for unprecedented emergency procurement processes.
releases, news articles, trackers and information provided by
It is within this context that many African governments were ministries of finance and health officials. Information sourced
forced temporarily to amend their own public procurement from news articles are cross-checked with official documents
rules for purchasing COVID-19-related works, goods or information contained in the other trackers. A set of
and services. Procurement rules are critical to ensuring questions was disseminated to African ministries of finance
accountability as they include extensive checks and balances to learn how they have used their PFM systems to reallocate
to ensure that the procurement process is properly followed resources, disburse, track and account for emergency

Many African governments were forced temporarily to amend their

own public procurement rules for purchasing COVID-19-related works,
goods and services.

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Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
 expenditure, and ensure effectiveness and efficiency in available in order to compile a more in-depth case study.
spending. The emergency procurement-related questions are The AU emergency processes represent a unique continental
listed in Annexure 1. approach and solution to the particular procurement
challenges presented by COVID-19.
The data collected by the PF Response Monitor has
been supplemented by on-line research on emergency Not all of the data on emergency procurement processes was
procurement and further exploration of the sources used in readily available and, therefore, the report acknowledges
the PF Response Monitor. Additional and in-depth research that there will be limitations in the completeness of the
was conducted for the case studies, including interviews information presented. Furthermore, it may be premature to
with government and procurement officials. This has all been evaluate the implementation of the emergency procurement
collated to present a comprehensive report that represents processes because the COVID-19 pandemic is ongoing and has
an overview of emergency procurement during the COVID-19 not been subject to proper audit and review. However, the
crisis. findings of this report contribute to the current discussions
on policymaking for emergency procurement processes and
The report also looks at case studies of two African
provide high-level insights to African ministries of finance
governments, Senegal and South Africa, and at the emergency
and procurement officials to improve their emergency
procurement processes followed by the AU. These two
procurement process.
countries were chosen because they represent differing
procurement approaches, and the information was readily

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COVID-19 Africa Public Finance Response Monitor
 Principles of emergency
public procurement
2

Key public procurement principles include: (i) value for not an absolute requirement because some information
money; (ii) fairness and integrity; (iii) effective competition; would be regarded as confidential (Lynch, 2013). It seems
(iv) transparency; and (v) accountability (AU Procurement that this measure is critical as an ex post facto measure
Manual, 2016; Lynch, 2013). It is desirable that these after emergency procurement has occurred by publishing
principles of public procurement are adhered to as far as details of the awarded contract and audited financials of the
possible during emergencies, but it can be expected that they expenditure, which ensures enhanced accountability.
would have to be compromised in some ways to allow for
Accountability in public procurement is also enabled by
urgent purchases.
the segregation of duties and the appointment of separate
Value for money is defined as the trade-off between price and officials to: (i) determine the procurement need; (ii)
performance that provides the greatest overall benefit under undertake the procurement; and (iii) effect the payment
the specified evaluation criteria (AU Procurement Manual, (AU Procurement Manual, 2016). This reduces the chance of
2016). Value for money is synonymous with ‘economy’ and collusion by having separate people in charge of the various
‘efficiency’ and can be demonstrated by comparison with stages of the procurement process. The segregation of duties
market prices for the goods or services (Lynch, 2013). It is and allocation of responsibilities should also hold the officers
enabled by effective competition by applying the principles involved in the procurement accountable for their actions.
of fairness, integrity and transparency. Therefore, it is During an emergency, the segregation of duties for different
critical to ensure that there are enough suppliers, who are stages of the procurement process may be collapsed to
independent of each other and who are competing for allow for an expedited process. However, the payment of
the same opportunity under the same conditions (AU procurement is usually effected by a different department
Procurement Manual, 2016). Arguably, value for money or (finance) and it is expected that this segregation would be
economy is one of the public procurement principles that maintained. The use of emergency procurement procedures
may be compromised as part of any emergency procurement decreases the standard checks and balances and increases the
process, due to the potential to contract directly and not risk of fraud and corruption within the procurement process
engage in open bidding. Furthermore, the principle of value (Transparency International, 2020). It could be expected that
for money would have been more difficult to adhere to some procurement officials may be reluctant to take on the
with respect to COVID-19-related purchases because of the risk imposed by emergency procurement processes that
competition for works, goods and services and price-gouging would be subject to ex-post facto review.
practices.
Other key accountability principles include ensuring that
Transparency requires public procurement processes to funds are only used for the purposes they were entrusted
be open to applications from all qualified organisations (verification of the assets purchased) and that all transactions
and individuals (Lynch, 2013). These measures could also are properly authorised and are supported by written
be relaxed during emergency procurements with other evidence (AU Procurement Manual, 2016; Lynch, 2013).
procurement measures such as restricted or selective bidding,
It is critical that in an emergency these public procurement
which limit the availability of solicitation documents to only
principles are adhered to as far as possible, and that there is
those firms meeting certain qualifications. Further measures
a fine balance achieved between the speed of procurement
include the request for quotations (or shopping) and direct
and ensuring transparency and accountability. This was
contracting (sole source) (Lynch, 2013; World Bank, 2015).
evidenced in the procurement challenges associated with
A popular measure to counter the risks involved in altering
the Ebola virus outbreak identified by the Auditor General
the open competition stage of the bid process is the use of
of Sierra Leone. In this instance, payments for supplies were
framework agreements and pre-existing suppliers. In these
duplicated and undocumented, funds were paid to private
instances, it is assumed that the traditional procurement
individuals rather than to organisations, taxes and healthcare
processes and supplier due diligence have already been
worker salaries were not actually paid out as claimed, hazard
followed; this reduces the risk of emergency procurement by
pay was improperly provided to police and military personnel
utilising pre-approved suppliers (World Bank, 2015).
and procurement procedures were disregarded (Dupuy &
Transparency also means that the public should have Divjak, 2015).
access to public procurement information, although it is

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Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
 African governments’
emergency procurement
3
responses during COVID-19

The emergency procurement measures (see Table 1) that

3.1 Emergency procurement processes were enacted by African governments include:
• Simplified contractual procurement procedures for Covid-
Procuring essential works, goods and services under
19-related goods and services
emergency conditions is not a new concept for governments.
• Pooled procurement at central level to ensure rapid
Several countries worldwide have well-designed and tested
delivery of goods and services
rules relating to emergency procurement (OECD, 2020).
These rules usually allow governments to negotiate directly • Delegation of purchasing to subnational government or
with potential contractors, and include no prior publication line ministries
requirements, no time limits, no minimum number of • Sole-source contracts (or direct contracting).
candidates to be consulted, and additional procedural Table 1 records the readily available information from African
requirements are also released, such as a shorter bid validity countries on their specific emergency procurement processes.
period, no requirement for bid security, lighter due diligence Data on emergency purchases for countries are often not
checks and electronic/virtual opening of bids (World Bank, disclosed in open data formats or are only partially published
2020; OECD, 2020). (Open Contracting Partnership, 2020). The exclusion of
However, the particular circumstances of the COVID-19 a country from this table does not provide conclusive
pandemic have placed emergency procurement processes evidence that the measure has not been implemented, but
under extreme pressure by responding to unlimited demand rather that this information is not publicly available. It is
against supply shortages for the same essential personal possible that further information will be available once the
protective equipment (PPE) and medical supplies. This saw emergency procurement processes applied for COVID-19 can
increased competition for these goods between countries be reviewed, and this should be added to further analysis on
and also sometimes between central governments and this topic.
regional or local authorities. This also led to increased price Algeria, Angola, Cameroon, Chad, Comoros, Eswatini, The
volatility for goods and services, and undesirable practices Gambia, Morocco and South Africa simplified and shortened
such as price gouging (Open Contracting Partnership, 2020). the contractual procurement process for COVID-19-related
The responses of African finance ministries in the PF Response goods, services and works. Benin, Cameroon, Gabon, The
Monitor and the case studies indicated that their pre-existing Gambia, Mozambique, the Seychelles, Sudan and Togo
procurement rules did allow for deviations providing for appointed special committees, units or ministries to focus
emergency procurement. However, many of the emergency on the COVID-19 procurement decisions and the allocation
procurement provisions do not seem to be comprehensive of resources.
enough requiring the governments to issue further detailed Procurement processes could be pooled at a central level
notices for COVID-19-related emergency purchases. to ensure a co-ordinated approach and rapid delivery of
Furthermore, the emergency procurement measures had to goods or services. The alternative option is to decentralise
go beyond any established emergency procurement rules to procurement and delegate authority to regional areas to
respond effectively to the particular procurement challenges allow more relevant and usually more rapid decision-making
associated with COVID-19-related purchases. in target areas. However, it seemed that the centralisation of
A recent World Bank survey stated that countries with a well- procurement was the preferred method for COVID-19-related
developed legislative framework for emergency procurement purchases for African countries including Ethiopia, Niger and
were better prepared to face the COVID-19 pandemic, South Africa. It is accepted that the benefits of centralised
having to introduce fewer amendments or new legislation. purchasing activities include economies of scale, lower
Past exposure to similar pandemics such as the Ebola virus transaction costs, stronger purchasing power and improved
pandemic represented opportunities to strengthen the capacity and expertise (OECD, 2020). Arguably, the benefits
readiness of public procurement systems (Cocciolo, et al.; of centralised purchasing became even more important in
World Bank, 2020). This was evident in the AU’s development the context of COVID-19, which has seen unprecedented
of their own internal emergency procurement guidelines increased competition to purchase the same goods and
from procurement lessons learned from the Ebola virus services and practices such as price gouging.
outbreak.

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COVID-19 Africa Public Finance Response Monitor
Therefore, it would be undesirable to have different regions to reduce the risk of corruption and wasteful expenditure
or departments within the same country competing against (Davis, 2020).
each other for limited goods and services, which may drive
In addition to the procurement measures listed above, there
up the prices of those purchases. In addition, most of the
was a group of measures linked to the payment aspect of the
COVID-19-related purchases for PPE and medical equipment
procurement process (see Table 2). These included:
were imported (Holland & Knight, 2020) and countries
• expedited supplier payment procedures
would have lost some of the benefits of using decentralised
purchasing to buy from a local market. Furthermore, after • retroactive financing
discovering several incidents of corruption associated with a • no bid security
decentralised procurement system in respect of PPEs, South • advance payments
Africa advocated for centralising its procurement process • direct payments on a case-by-case basis.

Table 1: COVID-19 emergency procurement processes in Africa

Country name Simplified Pooled procurement Delegation of Sole source

contractual at central level purchasing to contracts/Direct
procurement to ensure rapid subnational contracting
procedures for delivery of goods government or line
COVID-19-related and services ministries
goods and services

Algeria X

Angola X

Cameroon X

Chad X

Comoros X

Eswatini X

Ethiopia X X

Gambia X X

Ghana X

Kenya X

Malawi X

Morocco X

Mozambique X

Niger X

Senegal X X X

South Africa X X

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Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
 Table 2 records available information from African countries To ensure rapid delivery of goods, there was an expedited
on their specific payment processes that facilitated emergency supplier payment programme in countries such as Botswana,
procurement. Again, the exclusion of a country from this Gambia, Rwanda and South Africa, and advance payments
table does not provide conclusive evidence that the measure in other countries such as Cabo Verde, Ethiopia and South
has not been implemented, but rather that this information Africa. These enhanced payment processes would have been
is not publicly available. It is possible that further information necessary in COVID-19 procurement conditions where there
will be available after the emergency procurement processes was a demand to source suppliers because some suppliers
applied for COVID-19 can be reviewed, and this should be would not even deliver goods or services until they were paid.
added to further analysis on this topic.

Table 2: COVID-19 emergency procurement processes relating to finance in Africa

Country name Expedited Retroactive No bid Advance Direct

supplier financing security payments payments on
payment case-by-case
procedures basis

Botswana X

Cabo Verde X X X X

Ethiopia X

Gabon X

Gambia X

Mali X

Rwanda X

Senegal X X X X

South Africa X

South Sudan X

Zambia X

3.2 Transparency and accountability A large majority of African countries received COVID-19-
measures related funding from international organisations such as the
International Monetary Fund (IMF) and World Bank.1 African
The COVID-19 pandemic placed public procurement systems
governments committed to stringent measures to ensure
under extreme pressure, exposing the systems to integrity
transparency and accountability of emergency procurement
risks. Thus, a greater emphasis was placed worldwide
to reduce the risk of corruption and fraud as a condition for
on improving transparency and accountability related to
receiving such funding.
emergency contracting (OECD, 2020). Furthermore, evidence
from the Ebola epidemic illustrated that corruption played a The transparency measures related to the publishing of
key role in the outbreak, spread and slow containment of the procurement information (see Table 3) aim to allow public
virus, thereby highlighting the need to focus on transparency accountability for COVID-19-related spending. These have
and accountability in the COVID-19 procurement process included publishing:
(United Nations, 2020).

1 It is reported that at least 33 African countries received some form of COVID-19-related financial assistance from the IMF Lending Tracker.

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COVID-19 Africa Public Finance Response Monitor
• COVID-19 procurement contracts above a minimum value This trend toward e-procurement represents an opportunity
• Names and beneficial ownership of companies awarded for governments not only to enhance efficiency, transparency
contracts and accountability but also to use the data collected from the
process to improve future procurement processes in general
• Bids and tender prices
and particularly for emergency procurement.
• Expenditure reports.
The e-procurement systems provide a practical way to
Table 3 records readily available information from African
manage supplier information, which is critical in managing
countries on their specific transparency measures. This
corruption risks. The e-procurement systems could, thus,
information was more readily available online because it
flag information such as the existence of multi-purpose
was reflected in countries’ commitments to receive funding
suppliers, the previous experience of firms, the types of
for COVID-19 from organisations such as the IMF and World
goods and services they can deliver, and the identification
Bank. It is possible that further information will be available
of any conflicts of interest (Open Contracting Partnership,
once the emergency procurement processes applied for
2020). Furthermore, for whatever corruption is flagged,
COVID-19 can be reviewed, and should be added to further
e-procurement systems should include measures that
analysis on this topic.
red-flag and retain such data. As a measure to ensure the
Most African countries are committed to publishing integrity of supply chains in the future, beneficial ownership
information about the awarded procurement contracts on data would be required to ban suppliers implicated in COVID-
government websites as a measure of ensuring accountability. 19-related wrongdoing and this could be accommodated by
It was also a consistent practice in many countries including e-procurement systems (Williams-Elegbe, S., 2020).
Djibouti, DRC and Mali that the publishing of contracts was
In addition to enhanced transparency measures, African
linked to amounts above a certain threshold (for example,
governments have committed to several additional
US$100 000).
accountability and transparency measures (see Table 4)
Governments have used e-procurement systems to increase including:
transparency and efficiency in public procurement, providing • validating delivery of services and goods
free access to relevant stakeholders to procurement • undertaking more frequent internal audits
information and making authorities more accountable to
• publishing COVID-19-specific reporting more frequently
the public. E-procurement systems allow for automation
and standardisation of procedures throughout the entire • publishing expenditure report
procurement cycle, and reduce the time needed to perform • developing specific budget lines for COVID-19 reporting.
tasks, thereby promoting efficiency (OECD, 2019). However, Table 4 records readily available information from African
the adoption of e-procurement has been slow in Africa due countries on their accountability measures applied to
to lack of capacity, information technology infrastructure and COVID-19 related procurement. This information was
resistance to change of administrative processes (Anthony, more readily available online because it was reflected in
2018). The COVID-19 pandemic stimulated an escalation in countries’ commitments to receive funding for COVID-19
the use of technology due to the particular circumstances from organisations such as the IMF and World Bank. It is
of the COVID-19 virus, which required social distancing and possible that further information will be available once the
remote working and, consequently, encouraged the trend emergency procurement processes applied for COVID-19 can
towards increased use and development of e-procurement. be reviewed, and should be added to further analysis on this
African governments used pre-existing on-line portals or topic.
developed a COVID-19 dedicated on-line digital portal for
publishing COVID-19 procurement information. For example: Other measures captured in the PF Response Monitor include:
• In Makueni County, Kenya, the county government has passing of supplementary budgets or spending plans; the
enhanced the Makueni Open Contracting Portal, which establishment of dedicated COVID-19 bank accounts at either
publishes data in Open Contracting Data Standard, to central banks or commercial banks; and special supervisory
include Covid-19 procurement data. The county plans to committees for COVID-19 funding and expenditure.
tag all Covid-19 tender data in the system and to track and Some African countries reduced accountability measures to
analyse these data to inform government decisions, and speed up the procurement process, for example Congo and
involve civil society and communities in the improvement Côte d’Ivoire suspended tax audits, but this was not a general
of emergency procurement  processes (Kilroy & Migwe- trend.
Kagume, 2020).
• In November 2020, the Ministry of Economy and Finance
of Madagascar set up its digital platform for the reporting
and publication of COVID-19-related revenue and
expenditure. The portal includes the publication of the
public contracts awarded for COVID-19-related purchases.

11
Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
 Table 3: COVID-19 emergency procurement transparency measures
Country name Publishing of Publishing name Publishing Publish bids Publish
procurement of companies beneficial and tenders and Expenditure
contracts awarded ownership prices Reports
(those that contracts information
exceed a of companies
certain receiving
threshold) contracts
published

Benin X X
Botswana X
Cameroon X X X
Chad X X X
Comoros X X X X
Djibouti X X
DRC X X
Egypt X X X X
Eswatini X X X X
Ethiopia X
Gabon X X
Guinea X X X X
Lesotho X X X X
Liberia X X X X
Madagascar X X X X
Malawi X X X X X
Mali X X X X
Mauritania X X X
Mozambique X X X X
Namibia X
Nigeria X X X X X
Rwanda X X X

São Tomé & Príncipe X X

Senegal X X X
Seychelles X X X X X
Sierra Leone X X X X
South Africa X X X X X
South Sudan X X X X
Uganda X X X X
Zambia X

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COVID-19 Africa Public Finance Response Monitor
Table 4: COVID-19 emergency procurement accountability measures
Country name Validate delivery Separate COVID-19 Increased internal Specific COVID-19
of products and account or fund to track audits external audits
services spending

Burkina Faso X
Burundi X
Cameroon X X
CAR X
Chad X
Comoros X X
Congo X X X
Djibouti X
DRC X
Egypt X
Eswatini X X X X
Ethiopia X
Gabon X X X X
Gambia X X
Guinea X X X X
Kenya X
Lesotho X X X
Liberia X X
Madagascar X X
Malawi X X
Mali X X
Mauritania X
Morocco X
Mozambique X X
Nigeria X X X
Rwanda X
São Tomé & X X
Príncipe
Senegal X X
Seychelles X
Sierra Leone X X
South Africa X X X X
South Sudan X X
Tanzania X
Uganda X X X

13
Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
 The use of COVID-19-specific external audits was identified as Despite all these transparency and accountability measures,
the most popular accountability measure to audit COVID-19 there were still instances of alleged corruption reported
specific spending.2 However, if this process is conducted only in the news in respect of the COVID-19 emergency
at the end of the COVID-19 crisis, then governments may procurement processes in Botswana, DRC, Lesotho,
lose crucial insights enabling adjustments to be made during Mauritius, Mozambique, Namibia, South Africa, Zimbabwe
an ongoing crisis. Arguably, the use of increased internal (Heywood et al. Daily Maverick, 2020) and Senegal (Baudin
audits, which are traditionally shorter than external audits, et al., 2020). For example, the Ministry of Industrialisation,
could be an effective measure in implementing more timely Trade and SME Development of Namibia identified small to
adjustments. Accountability measures and reviews of the medium-size enterprises (SMEs) across the country to make
procurement process should be conducted at an earlier stage masks on behalf of the government of Namibia. However,
than at the end of the emergency to allow for corrections to the Market Namibia Tender Bulletin later reported that the
be made to the procurement process during the emergency ministry did not issue a public tender for the procurement of
(Williams-Elegbe, 2020). The timing of the accountability suitable materials for mask production. No information was
measures would have to reflect the length of the crisis, as available on where the ministry had acquired the material
some emergencies could be short term such as civil conflicts, that was distributed to mask-makers, but it was reported that
while others, like pandemics, lend themselves to longer time the material was valued at N$40 000 (US$2 400). According
periods. to the Procurement Tracker Namibia, the masks were to be
provided for between N$15 (US$0.91) and N$25 (US$1.51),
Another accountability measure adopted by several African
but the price had been increased drastically by some of the
countries was the use of a separate COVID-19 fund to create
state-sponsored mask manufacturers, resulting in a public
a clearly defined audit trail, but there were other objectives
uproar. Mask-makers, however, claimed that the material
identified through the use of these funds. These included
provided by the government was not of good quality and
the need to (i) centralise procurement; (ii) raise and pool
that they had to buy better fabric, which pushed up the
together public and private resources, which standard
price of masks. In May 2020, Lesotho’s National Emergency
budget practices may not allow; and (iii) shorten the steps
Command Centre, comprising various government ministries
in the budgeting, spending or procurement processes
and departments, and which is charged with spearheading
to respond to the emergency (Allen et al., 2020). While
the fight against Covid-19, was accused of misusing public
extra-budgetary funds have been utilised previously by
funds meant to fight the virus. According to the Lesotho
African governments, their use became a popular measure
Times, a leaked budget revealed corrupt procurement plans
to respond to the specific challenges of the COVID-19
regarding a non-contact thermometer.
crisis, requiring emergency procurement processes while
developing enhanced accountability measures for the funds. The number of instances of alleged corruption for COVID-19-
However, in practice, the reverse has often been found to be related emergency procurement in Africa bring into question
true, and extra-budgetary funds have also attracted financial the efficacy of the transparency and accountability measures
mismanagement with limited accountability (Allen et al., targeted at reducing the risk of corruption in emergency
2020). It is regarded as premature to properly evaluate the procurement processes.
use of these funds during the COVID-19 pandemic, and this
should be re-evaluated later (Allen et al., 2020 ).

The number of instances of alleged corruption for COVID-19-related

emergency procurement in Africa bring into question the efficacy of
the transparency and accountability measures targeted at reducing
the risk of corruption in emergency procurement processes.

2 At least 33 African countries have made reference to COVID-19-specific external audits.

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COVID-19 Africa Public Finance Response Monitor
Policy insights for the emergency procurement process

• The procurement measures implemented in many African countries seemed to be based on the current
PFM laws and regulations and were adapted as required to retain the principles of public procurement
as far as possible. This was as opposed to having pre-existing comprehensive emergency procurement
provisions, which would have aided better preparedness for the COVID-19-related purchases.

• Consistent principles followed by countries included the shortening of procurement timelines and the
establishment of a separate team or committee to enable emergency procurement decisions.

• The centralisation of procurement measures was more popular than the delegation of procurement
authority. This conforms to the particular challenges of COVID-19-related procurement with increased
competition for limited works, goods and services. Centralising purchasing would be an effective
measure to reduce competition within a particular country. It was also cited by South Africa as a
measure to reduce corruption.

• Expedited payment processes would be necessary where there are supply shortages to be able to
effectively compete against other countries.

• The digitisation of the procurement process or e-procurement is a measure that can be implemented
to speed up the procurement process during emergency situations and can also enhance transparency
measures by making the information more widely accessible.

• Another accountability measure would be to utilise the information on the beneficial ownership of
procurement contract awardees to ban or suspend those that had transgressed previous procurement
processes from future procurement awards. The proper data management of this information
facilitated through e-procurement would be critical for future application.

• There is a greater emphasis on transparency and accountability measures ex-post facto. This is where
governments could validate expenditure and conduct COVID-19 specific external audits. Due to the
high levels of corruption associated with the COVID-19 procurement, the efficacy of the transparency
and accountability measures should be reviewed. One of the insights was that the accountability
measures utilised only after the emergency has been resolved may not achieve the desired outcome,
and should be implemented at an earlier stage to make adjustments during the emergency. This is
particularly appropriate for long-term emergencies such as pandemics.

• Therefore, in addition to COVID-19 external audits, governments should increase internal audits as
an enhanced accountability measure to be able to make the necessary adjustments to emergency
procurement processes during an ongoing crisis.

• The use of separate funds for COVID-19 funding has been another popular measure utilised by African
governments to fast-track procurement processes and provide enhanced accountability. However,
there is debate about whether the use of extra-budgetary funds is susceptible to corruption. These
funds should be subject to rigorous transparency and accountability measures, and the efficacy of
these funds should be further reviewed after the pandemic.

15
Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
 Case studies: Emergency
procurement during COVID-19
4

4.1 Senegal On the revenue side, these accounts are meant to be funded
primarily from resources outside the state budget, such as
4.1.1 Emergency procurement processes donations from individuals and firms and donor grants. On
and rules the spending side, they are usually subject to simplified,
The President of Senegal issued a special decree, Decree lighter-than-usual authorisation procedures for COVID-19-
No. 2020-781 of 18 March 2020, which excluded COVID-19- related procurement, but still managed by the Treasury.
related work, goods and services from the pre-existing Public A suggested improvement to the current emergency
Procurement Code. On this basis, contracting authorities procurement system was a specific manual of procedures
could rely on direct acquisitions without following the formal or codes that have been adapted for the health care system
procurement processes. However, despite the adoption of this (Samba, 2021).
decree, some contracting authorities continued to rely on the
advice of the Regulatory Authority on Public Procurement, or 4.1.2 Implementation of the emergency
the l’Autorité de Régulation des Marchés Publics du Sénégal procurement provisions
(ARMP), before beginning to contract for COVID-19 related The administrative doctrine of the ARMP has been to support
procurement. This meant that the Senegalese procurement the contracting authorities in making acquisitions in a speedy
officials would still follow the traditional tender processes for manner while preserving the principles of transparency
emergency contracting. The direct acquisition process would and competitiveness. Senegal adopted a case-by-case
have increased the procurement risk and may have caused method to applying procurement decisions. Therefore, in
reluctance amongst procurement officials to follow that some cases, such as the purchase of rice,5 although direct
process. Instead, they sought reassurance from the ARMP. purchase systems were encouraged as part of the COVID-19
If the procurement officials had a more comprehensive and procurement process, the standard procurement process,
detailed set of emergency procurement procedures to follow, which included competitive bidding, were followed. The
they might have been more confident about following those prevailing view was that even though direct purchases were
procedures. allowed, competitive bidding would support the value-for-
The special decree was also seen as a duplication of the money principle.
emergency procurement measures available under Article There were allegations in the news of irregularities in
76 of the Public Procurement Code,3 which allows for direct the Senegalese government’s response plan in awarding
contracting in the event of a pressing (i.e. an unpredictable contracts. Civil society organisations have also sounded the
and extreme) emergency, such as the COVID-19 pandemic. alarm, pleading for more transparency. But the government
A new COVID-19 committee has been set up to co-ordinate of Senegal and the companies cited in the particular case
the COVID-19 operations response. The committee, which have denied any possibility of fraud or collusion (Baudin et
has a broad composition, includes key ministries (economy al., 2020).
and finance, budget, health, etc.), representatives of the
national assembly, subnational authorities, civil society, etc.4
4.1.3 Transparency and accountability
measures
The committee retains the ability to refer the matter to the
ARMP. All contracting authorities are required to report on action
and public procurement processes undertaken with regard
Senegal, like several other Francophone countries, to COVID-19. The ARMP audits these steps (with the ability
including Cameroon, Comoros, Congo, Gabon and Guinea, to appeal to external auditors) but the oversight bodies
has established special earmarked accounts, comptes such as the Court of Auditors and the General Inspectorate
d’affectation spéciale, for COVID-19-related procurement. retain their ability to audit. Senegal also launched the

3 Article 76 of the Public Procurement Code, 2014 version, has the terms of direct agreement. Subsection 1.b states that there can only be a direct
agreement to proceed provided that supplies, services or work are required as a result of an unforeseen circumstance beyond the parties’ control
4 More details on the composition of this committee can be found at: https://www.sec.gouv.sn/d%C3%A9cret-n%C2%B0-2020-965-portant-
cr%C3%A9ation-et-fixant-les-r%C3%A8gles-dorganisation-et-de-fonctionnement-du
5 As part of the Covid-19 response and support to the economy, Senegal distributed 100 000 tons of miscellaneous food to one million households,
or 8 million Senegalese, across the country.

16
COVID-19 Africa Public Finance Response Monitor
procedure for the recruitment of audit firms for the audit municipal entities, to speed up the procurement of goods/
of the contracting authorities to reveal any irregularities in commodities required to reduce and control the spread of
the COVID-19 procurement process. On 30 October 2020, the virus. This is in support of effective and efficient service
Senegal published a special report on the Force- COVID-19 delivery and to curb the possible abuse of supply chain
fund, outlining expenditure and revenue flows from and to management (SCM) systems. The instruction note and the
the fund since its inception (PF Response Monitor). circular also list prices of goods/commodities to try to control
against price gouging.

4.2 South Africa On 30 June 2020, the South African government established
the following strategies for COVID-19 PPE product
4.2.1 Emergency procurement processes procurements: (i) all PPE products will be centrally procured,
and rules warehoused and distributed for the public sector; (ii) through
In March 2020, regulations for the South Africa’s Disaster the Solidarity Fund up-front credit will be provided in order to
Management Act 57 of 2002 (DMA) were enacted, which pay suppliers for bulk orders and ensure sustained liquidity;
stipulated that emergency procurement for institutions is and (iii) all government institutions are ordered to pay central
still subject to the Public Finance Management Act, 1999 implementer agents within ten days in order for these agents
(PFMA) and the Municipal Finance Management Act, 2003 to recover the working capital advancements and to refund
(MFMA) (South African National Treasury Instruction No. 05 the Solidarity Fund (PF Response Monitor).
of 2020/21). In terms of the worldwide scramble for procurement of the
There are two options available for emergency procurement COVID-19 vaccines, the chief procurement officer advised the
in South Africa: (i) the emergency procurement method; and Department of Health on the procurement procedures to be
(ii) procurement based on urgency which makes it impractical followed where it is impractical to follow a competitive bidding
to issue an open competitive bid (Corruption Watch Letter, process in-line with the public procurement rules (Corruption
2021, paragraph 9.1). Previous law enacted by National Watch Letter, 2021, paragraph 8). The Department of Health
Treasury allowed deviation from the standard procurement was advised to seek approval from the National Treasury on
processes, such as competitive bids, only in cases of a case-by-case basis to deviate from standard procurement
emergency and sole-supplier status. Deviation is allowed in processes based on urgency which makes it impractical to
situations that pose immediate risk to health, life, property or invite competitive bids (Corruption Watch Letter, 2021, para.
environment and where it is impractical to invite competitive 9.1). This type of limited approval illustrates the level of
bids. The reasons for the deviation must be recorded and oversight that the National Treasury intends to exercise over
approved by the appropriate accounting officer (South the procurement process for COVID-19-related expenditure.
African National Treasury Instruction No. 05 of 2020/21). Any Each type of procurement would have to be specifically
other deviation will be allowed in exceptional circumstances authorised by the National Treasury to deviate from the
subject to prior written approval from the relevant treasury public procurement regulations.
(Corruption Watch Letter, 2021, paragraph 9.1). The current procurement processes remain in place and will
The emergency procurement regulations require that all be kept central in respect of the purchase of the COVID-19
purchases of more than R1 million include a report on the vaccines in 2021. This is to allow for comprehensive central
goods and services, names of suppliers and reasons for control of procurement. This approach is intended to
dispensing with the competitive bidding process. In addition, minimise opportunity for corruption, provide for central
the threshold requirements for COVID-19-related works, record-keeping of agreements and centralised contact with
goods and services to contain or minimise the effects of manufacturers. It also allows for a more focused negotiation
the disaster have been increased to allow purchase without strategy with combined volumes for public and private health
National Treasury approval (South African National Treasury care practises (Corruption Watch Letter, 2021, para. 9.5).
Instruction No. 05 of 2020/21). The Department of Health also had to request for deviation
Maximum prices for PPE and cloth masks were set by National from the procurement processes for the transport, storage
Treasury to reflect realistic market prices (South African and distribution for COVID-19 vaccines for the short term.
National Treasury Instruction No. 05 of 2020/21). These departures included a single-source procurement
method and a closed bid for four storage providers to store
On 30 March 2020, the Minister of Finance issued a and distribute vaccines for a period of six months. The
conditional exemption notice under the MFMA to ensure motivation for the deviation was based on urgency to ensure
effective and efficient service delivery and to minimise any the vaccine reached frontline workers (Corruption Watch
potential delay in decision-making. National Treasury also Letter, 2021, para. 9.4). In the long term, this procurement
issued an Instruction Note 8 of 2019/20 applicable to PFMA process would be open to competitive bidding.
institutions and a MFMA Circular 100 for municipalities and

17
Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
 4.2.2 Implementation of the emergency publish COVID-19 expenditure reports (PF Response
procurement provisions Monitor).
In August 2020, the Special Investigating Unit (SIU) of South In October 2020, special templates were created to report
Africa announced a probe into allegations of corruption expenditures related to COVID-19 and a new category was
involving the R500-billion relief fund. At least 90 businesses added to the standard chart of accounts (PF Response
are suspected of setting up corrupt contracts with the health Monitor).
department. One deal, reportedly worth around R125
million, relates to a company called Royal Bhaca supplying Public procurement of COVID-19 vaccines would be subject to
the government PPE in Gauteng. It charged more than four the same monitoring and oversight as all public procurement
times the regular price. In another corrupt deal, after inflating and expenditure. The only enhanced measure for COVID-19
face mask prices by up to 900%, companies Sicuro Safety and vaccine procurement is the engagement of the Auditor-
Hennox Supplies admitted guilt and were fined (PF Response General to conduct real-time audits on the procurement
Monitor). of the COVID-19 vaccines (Corruption Watch Letter, 2021,
para. 9.6). In the light of widespread corruption allegations
These instances of corruption associated with COVID-19 targeted at the PPE procurement process, it is questionable
procurement questioned the method of deviation from the whether there is an overreliance on the monitoring and
current procurement processes. It also led to the focus on oversight mechanisms of the current process and the timely
centralising procurement of PPE and COVID-19 vaccines as a review of the Auditor-General.
measure to counter potential corruption.

4.2.3 Transparency and accountability 4.3 The African Union

measures
The following transparency and accountability measures
4.3.1 Emergency procurement processes
were implemented as part of the regulations to the DMA in
and rules
March 2020: The AU has recognised the need to adjust its standard
• Internal system for financial control, risk management and procurement policy for emergency situations, as reflected in
reporting to account for the funds used for COVID-19 its own internal EPGs that were developed with the benefit
of insight from previous pandemics such as the Ebola virus
• Ensure the officials committing any expenditure are duly
outbreak.6
authorised or properly delegated
• Increase internal audit functions to conduct audit checks The EPGs aim to balance the need to facilitate a rapid and
to proactively detect and prevent irregularities effective response, on the one hand, and the general public
procurement principles, on the other. The EPGs require an
• Regular monitoring of expenditure and generating
assessment of the specific requirements for the emergency,
frequent expenditure reports (South African National
the identification of associated risks that may undermine
Treasury Instruction No. 05 of 2020/21).
efficient procurement measures and the development of
To give effect to the strict monitoring and reporting measures mitigation measures.
required during times of emergency procurement, a new
instruction note and circular was issued in May 2020 for One of the key principles outlined in the EPGs is the
COVID-19 emergency procurement, to open the supply of consideration of the following alternative sources of goods,
these products to all suppliers conforming to specifications services and works before the full emergency procurement
and are registered on the central supplier database of the measures are enacted:
government. The instruction note and circular sets out the • Existing stocks from AU or neighbours
required PPE item specifications, the maximum prices at • Existing supplier framework agreements (purchase orders
which the government will procure these PPE items, and can be issued directly to the pre-existing suppliers and,
outlines the emergency procurement, monitoring and ideally, regardless of an emergency, these should be in
reporting requirements (PF Response Monitor). place for a 3-year option as an alternative)
In July 2020, the South African government received financial • Procurement directly from UN or specialised agencies
assistance from the IMF for COVID-19-related procurements • Direct contracting of previously used local or regional
and, accordingly, made several commitments to the IMF. suppliers.
The South African government will publish COVID-19 The emergency procurement methods in the EPGs still retain
public procurement contracts, validate delivery of products an element of flexibility to be adapted to each individual
and services, publish beneficial ownership information of emergency but would be subject to justifications for
companies receiving COVID-19 procurement contracts, departure from the guidelines.
conduct COVID-19 specific audit and publish results and

6 This information was provided by an African Union official.

18
COVID-19 Africa Public Finance Response Monitor
4.3.2 Implementation of the emergency Initially, it tried to use traditional emergency procurement
procurement provisions methods such as shortened bid processes and direct
The AU established the Africa Centres for Disease Control contacting of suppliers. However, it found that it was unable
and Prevention (Africa CDC) in 2017 as a direct response to to source appropriate suppliers due to the procurement
lessons learnt from the Ebola virus outbreak of 2014–2016. challenges of lack of supply and increased prices as part
The rapid spread of the virus required a more timely and co- of the COVID-19 pandemic. Therefore, for PPE and other
ordinated response from the AU and, therefore, encouraged COVID-19-related items, the African Union was able to use
the formation of a specific unit to deal with future virus UNICEF for procurement and the UN food programme for
outbreaks (Kalanado & Manlan, 2020). The AU, through the distribution services. Contracting with UN agencies directly
Africa CDC, established the ‘Africa Joint Continental Strategy is allowed as an option for emergency procurement in terms
for COVID-19 Outbreak’, which included the objective of SCM of the AU’s own EPG. UNICEF has pre-existing contractual
by establishing a supply chain for shared resources including arrangements or framework agreements with suppliers for
PPE, laboratory supplies and medical countermeasures. A specific emergency products and had already ensured that
working group for supply chains and the stockpiling of medical they were able to provide these COVID-19 related products.
commodities was formed with the following deliverables: However, the emergency procurement measures, including
• Work with existing supply chain systems to develop contracting with UN agencies were only implemented while
functioning regional laboratory referral networks to help the procurement of the products represented an emergency.
countries without diagnostic capacity to find a suitable, Due to the long-term and ongoing nature of the COVID-19
timely option for testing pandemic, the AU has been able to revert to its traditional
procurement processes including for the purchase of COVID-
• Build and manage relationships with reliable
19-related products. It was important for the AU to follow the
manufacturers, and connect member states who
traditional procurement processes where it was practical to
either have depleted stockpiles or who are anticipating
do so in order to adhere to their procurement guidelines.10
meaningful needs given positive cases
• Build out a stockpile and manage supply chains for shared 4.3.3 Transparency and accountability
continental resources such as PPE, laboratory supplies and measures
equipment, and, if necessary, medical countermeasures.7 The AU acknowledged that the emergency procurement
The Africa CDC also launched the Africa Medical Supplies operations would require a high level of scrutiny due to the
Platform (AMSP)8 in partnership with the African Export- high expenditure rate and profile. Therefore, throughout the
Import Bank, as a pooled procurement portal to facilitate procurement, complete documentation of the procurement
country procurement of critical medical and laboratory process had to be maintained in accordance with the AU’s
supplies from certified suppliers. The single-source platform standard procurement processes. The AU also implemented
enables faster, more transparent and cost-effective access enhanced reporting requirements, with reports to be
to COVID-19 supplies on an equitable basis to all 55 member submitted three months after the end of the emergency
states. In January 2021, the AMSP commenced with situation and such reports to be audited internally.11
the COVID-19 vaccines pre-order programme for AU member
In addition to the accountability measures available, the AU
states. To support vaccination operations, the AMSP has also
chairperson appointed a board of trustees specifically for
launched a new category on vaccine accessories, which will
the COVID-19 response fund. They provide oversight to the
help member states to procure products such as ultra-low
fund’s disbursement (African Union, 2020). Furthermore, a
temperature freezers, PPE, cotton-wool rolls, syringes and
procurement plan and budget were developed for COVID-19-
needles.9
related items, which was approved by the accounting officer
The African Union applied its own internal emergency of the AU.12
procurement guidelines for COVID-19-related procurement.

7 African Union Joint Continental Strategy for COVID-19 Outbreak.

8 Available to view on: www.AMSP.africa.
9 https://www.africanews.com/2021/01/19/africa-medical-supplies-platform-amsp-opens-covid-19-vaccines-pre-orders-for-55-african-union-
member-states//
10 This information was provided by an African Union official.
11 African Union Official.
12 African Union Official.

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Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
 Policy insights for the emergency procurement process

• The pre-existing procurement rules in Senegal and South Africa had sufficient scope to apply emergency
procurement principles to the emergency situation of the COVID-19 pandemic. In addition to that,
however, new regulations and notices were enacted in order to respond to the particular procurement
requirements of this emergency.

• Despite setting up separate protocols for emergency procurement practices including direct
contracting, the Senegalese government still relied on their pre-existing procurement practises such as
competitive bidding as advised by the AMRP. This illustrated the potential reluctance of procurement
officials to follow the emergency procurement processes due to the inherent risks in the processes. A
point to consider is if the emergency procurement process had been outlined in greater detail before
the crisis whether it would have been followed more closely.

• South Africa had to apply for deviations from the public procurement process on a case-by-case basis.
This may have slowed down operations but ensured that the Naational Treasury maintained a degree
of oversight.

• As indicated by both Senegal and South Africa, a centralised procurement process was utilised in many
cases to co-ordinate procurement for both public and private purchase for COVID-19-related items
such as COVID-19 vaccines. This was deemed to be an effective measure to decrease internal country
competition for the same goods and to decrease the potential for corruption.

• In terms of the lessons learned from Senegal, it is critical to create specific codes for the response-
plan expenditure. To have a COVID-19 response plan with its own coding system allows the relevant
expenditure to be isolated at any time, for refund and audit purposes.

• A significant focus of the South African government’s approach was to mitigate against the risk of price
gouging on essential goods (such as PPE) by fixing the price on these goods to minimise the potential
for abuse.

• Despite a number of transparency and accountability measures, both Senegal and South Africa have
had reported instances of corruption. It seems that most of the measures were introduced after the
fact, once the damage had already been done.

• Despite widespread allegations of corruption in the procurement of PPE, South Africa also seemed to
still be relying on its pre-existing procurement accountability measures to review the new COVID-19
vaccines procurement. It is questionable whether there should be a greater degree of flexibility in the
monitoring and oversight mechanisms when potential issues have already been identified.

• In addition to pre-existing public procurement legislation and regulations, it may be useful to have
emergency procurement protocols such as the AU’s EPG to serve as guidance in these types of
situations. The protocols, however, still have to be flexible to adapt to the specifics of the emergency
situation. However, having a comprehensive set of emergency procurement guidelines that has been
developed in advance was proven to help the ability respond to the crisis.

• A number of African countries reported simplified and shortened contractual procurement processes
for COVID-19 related goods, services and works, and others appointed special committees, units or
ministries to focus on the COVID-19 procurement decisions and the allocation of resources. Both of
these approaches would be consistent with measures implemented in terms of the AU EPGs.

20
COVID-19 Africa Public Finance Response Monitor
• The AU’s development of the on-line AMSP platform is a critical approach to centralise procurement
on a continental level for a scare resource such as COVID-19 vaccines. It is a trend that may become
increasingly important for the procurement of essential goods and services that are in short supply
on a global scale.

• The difficulties that the AU initially experienced using some of its own emergency procurement
processes should be subject to further review and amendment of processes.

• Due to the success of using UN agencies’ framework agreements, the AU should develop its own
framework agreements with the emergency suppliers so that it is less dependent on the UN agencies
for procurement. UN agencies would charge an additional price on top of the manufacturer’s price
for the sourcing of the required emergency procurement goods, works and services. The preapproval
of the suppliers would reassure the AU that the required due diligence of the suppliers had already
been conducted. This is an approach that could be followed by African governments.

• The experience of the AU also highlights that the emergency procurement processes may not be
followed throughout the existence of the ‘emergency’. Once the demand and lack of supply of PPE
equipment dropped, the AU was able to follow its standard procurement processes.

• The AU developed enhanced accountability measures for its COVID-19-related procurement,

including the appointment of a board of trustees for oversight, and increased reporting mechanisms.

21
Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
 Conclusion
5

The world is still battling the COVID-19 pandemic, highlighting Several countries digitised their procurement processes
the importance of improving emergency public procurement after being forced to by the COVID-19 pandemic, and
processes. Countries are in the midst of a scramble to utilised on-line portals for publishing COVID-19-related
secure COIVD-19 vaccines. Therefore, a review and analysis procurement information. It is anticipated that some of
of emergency public procurement is critical now to better these e-procurement trends will continue after the COVID-19
manage the ongoing crisis, as well as for future emergencies. pandemic. The use of data from these portals will also provide
vital information to manage suppliers for future emergency
Many African governments did not appear to have extensive
procurements.
emergency procurement processes in place but used the
exceptions or deviations allowed in their pre-existing public However, the instances of corruption that were reported
procurement legislation to apply to purchases of COVID-19 in the news questioned the efficacy of such transparency
works, goods and services. This was further supplemented and accountability measures and, therefore, further work
by specific new emergency procurement processes for the is still required on emergency procurement measures to
COVID-19-related purchases. These were also applied on a mitigate the risk of abuse of the system. The establishment
case-by-case basis to the specific purchases. of framework agreements with preapproved suppliers was
advanced as an optimal measure to mitigate against the
The COVID-19 pandemic also presented unique challenges
potential for corruption of emergency procurement.
to the emergency procurement processes with supply-side
shortages and unprecedented levels of competition for the There must be a sound justification for deviating from
same works, goods and services, which saw the development standard public procurement processes, and it should
of undesirable practices such as price gouging. Measures be done on a case-by-case basis. It is not the existence of
implemented to counter these COVD-19 specific procurement the emergency per se that should inform whether the
challenges included centralising procurement processes and emergency procurement processes should be followed, but
introducing fixed prices for the specific products that were in rather whether the specific requirements of the emergency
demand such as PPE and medical supplies. determine that it is not practical to follow traditional
procurement processes.
There was also substantial focus on the post-transaction
enhanced transparency and accountability necessary to African ministries of finance and procurement officials should
protect the integrity of the public procurement system. review the implementation of the emergency procurement
The publication of contract details, including the beneficial processes during the COVID-19 crisis and ensure that there
owners, was a consistent approach proposed by most African is enhanced transparency and accountability. Detailed
countries. Other measures such as validation of goods and emergency procurement measures should be developed
services, publication of expense reports, and COVID-19- to provide better guidance to those implementing the
specific audits were also adopted. It was recommended that purchasing with an element of flexibility to respond to the
the transparency and accountability measures be focused particular needs of any crisis. The procurement challenges
on monitoring during the procurement process so that of the pandemic are also ongoing and will require that the
adjustments could be made for future purchases. emergency procurement processes be subject to regular
review and amendment.

It is not the existence of the emergency per se that should inform

whether the emergency procurement processes should be followed,
but rather whether the specific requirements of the emergency
determine that it is not practical to follow traditional
procurement processes.

22
COVID-19 Africa Public Finance Response Monitor
Annexure 1
Survey on adjustments to PFM processes in response to COVID-19. Questions asked
relevant to procurement

1. What adjustments have you made to PFM rules and 3. Have you introduced additional, COVID-19-specific
processes to ensure rapid delivery of COVID-19 goods transparency and accountability measures for
and services? COVID-19 financing and expenditure?
□ Use of single-source procurement □ Publishing all COVID-19 related contracts
□ Establishment of pooled procurement at central level □ Undertaking more frequent internal audits
□ Elimination of bid securities and guarantees □ Commitment to ex-post audit of COVID-19 related
expenditures
□ Increasing advances paid to suppliers
□ Commitment to publishing COVID-19 audit findings
□ Decree setting out emergency processes
□ Established dedicated budget lines to facilitate tracking
□ Utilising development partner procurement assistance,
of funds
e.g. Bank Facilitated Procurement
□ Collaborating with CSOs to disseminate information on
□ Decentralised budget reallocation decisions to line
COVID-19 financing
ministries or local government
□ Publishing statements on commitments and payments
□ Decentralised spending approval to line ministries or
of COVID-19-related activities
local government
□ Set up a supervisory committee for COVID-19 funding
□ Allowing ministries to spend beyond existing budget
appropriation □ Set up a supervisory committee for COVID-19
expenditure
□ Creation of a special COVID-19 budget line
□ Commitment to ex-post validation of delivery of
□ Allowing existing budget lines to be used for COVID-19
contracts
expenditure
□ Establishment of extra-budgetary funds
□ Other (please specify)

2. What efficiency and cost-effectiveness measures have

you introduced into your healthcare financing and
purchasing processes? Please tick all that apply.
□ Pooled procurement
□ Public-private partnerships
□ Delegation of purchasing to subnational government
□ Emergency recruitment of healthcare workers
□ Insurance for frontline healthcare workers
□ Other (please specify)

23
Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
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Streamlining public procurement processes during COVID-19: Balancing efficiency and accountability
For information on CABRI, or to obtain copies of this publication, please contact:
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