Opportunities for Sustainable Public Procurement in Mozambique

The document analyzes the Mozambican legal framework for public procurement, concluding that while the current regulation does not expressly prioritize sustainability, there are several entry points for reform and interpretation to promote sustainable public procurement (SPP). It examines the roles of procurement authorities, the various contracting modalities—including public tenders, limited tenders, and direct contracting—and the criteria used for awarding contracts, suggesting shifts from 'lowest-price' to 'lowest-cost' or 'conjugated' criteria to better account for environmental and social impacts.

• The current Mozambican procurement regulation, Decree No. 15 of 24 May 2010, lacks a comprehensive focus on sustainability, containing only one mention of the environment and no mention of sustainable development.
• The standard decision criterion for public tenders is the lowest price, which the author argues may hinder the adoption of sustainable alternatives that might have higher immediate costs but lower long-term costs.
• The regulation allows for a 'conjugated criterion' (combining technical evaluation and price) in exceptional cases, which could be used to incorporate sustainability factors.
• The only explicit reference to environmental considerations in the entire regulation is found in the list of factors that may be considered during a conjugated evaluation, specifically 'environmental benefits'.
• Mozambique employs a system of preference for national tenderers, offering margins of 10 per cent for public works and 15 per cent for goods, which the author suggests could be conditioned on socio-environmental standards.
• The legal framework defines three primary regimes for contracting: the General Regime (Public Tender), the Special Regime (international agreements or foreign-funded projects), and the Exceptional Regime (justified public interest).
• The 'Tender with Pre-Qualification' modality allows the government to restrict participation to tenderers who meet specific quality and qualification standards before proposals are submitted.
• The 'Limited Tender' modality is restricted to natural persons and micro, small, and medium enterprises (MSMEs) based on specific value thresholds: MT3,500,000 for public works and MT1,750,000 for goods and services.
• The regulation provides a structured three-step process for tenderers to challenge procurement decisions: a complaint to the Contracting Entity, a hierarchical appeal to the supervising authority, and a final judicial appeal.
• The framework includes strict ethical standards and sanctions for 'corrupt', 'fraudulent', 'collusive', and 'coercive' practices, which can lead to the rejection of proposals and the declaration of tenderer ineligibility.

APA

Brauch, M. D. (2013). Opportunities for Sustainable Public Procurement in Mozambique. International Institute for Sustainable Development. https://www.iisd.org/system/files/publications/spp_mozambique.pdf

Chicago

Brauch, Martin Dietrich. Opportunities for Sustainable Public Procurement in Mozambique. International Institute for Sustainable Development, 2013. https://www.iisd.org/system/files/publications/spp_mozambique.pdf.

Wikipedia

{{cite report |last1=Brauch |first1=Martin Dietrich |title=Opportunities for Sustainable Public Procurement in Mozambique |publisher=International Institute for Sustainable Development |date=2013 |url=https://www.iisd.org/system/files/publications/spp_mozambique.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{brauch2013opportunities, author = {Brauch, Martin Dietrich}, title = {{Opportunities for Sustainable Public Procurement in Mozambique}}, institution = {International Institute for Sustainable Development}, year = {2013}, url = {https://www.iisd.org/system/files/publications/spp_mozambique.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }