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Public Procurement and Very Private Benefits

In every national budget, there is a part multi-phase tendering process. Public
called "Public Procurement". This is the competitive bidding is not
portion of the budget allocated to corruption-proof: many times officials
purchasing services and goods for the and bidders collude and conspire to award
various ministries, authorities and other the contract against bribes and other,
arms of the executive branch. It was the noncash, benefits. But we still know of
famous management consultant, Parkinson, no better way to minimize the effects of
who once wrote that government officials human greed.Procurement policies,
are likely to approve a multi-billion procedures and tenders are supervised by
dollar nuclear power plant much more state auditing authorities. The most
speedily that they are likely to famous is, probably, the General
authorize a hundred dollar expenditure on Accounting Office, known by its acronym:
a bicycle parking device. This is because the GAO.It is an unrelenting, very
everyone came across 100 dollar thorough and dangerous watchdog of the
situations in real life - but precious administration. It is considered to be
few had the fortune to expend with highly effective in reducing procurement
billions of USD.This, precisely, is the - related irregularities and crimes.
problem with public procurement: people Another such institutions the Israeli
are too acquainted with the purchased State Reviser. What is common to both
items. They tend to confuse their daily, these organs of the state is that they
household-type, decisions with the have very broad authority. They possess
processes and considerations which should (by law) judicial and criminal
permeate governmental decision making. prosecution powers and they exercise it
They label perfectly legitimate decisions without any hesitation. They have the
as "corrupt" - and totally corrupt legal obligation to review the operations
procedures as "legal" or merely and financial transactions of all the
"legitimate", because this is what was other organs of the executive branch.
decreed by the statal mechanisms, or Their teams select, each year, the organs
because "this is the law".Procurement is to be reviewed and audited. They collect
divided to defence and non-defence all pertinent documents and
spending. In both these categories - but, correspondence. They cross the
especially in the former - there are information that they receive from
grave, well founded, concerns that things elsewhere. They ask very embarrassing
might not be all what they seem to questions and they do it under the threat
be.Government - from India's to Sweden's of perjury prosecutions. They summon
to Belgium's - fell because of witnesses and they publish damning
procurement scandals which involved reports which, in many cases, lead to
bribes paid by manufacturers or service criminal prosecutions.Another form of
providers either to individual in the review of public procurement is through
service of the state or to political powers granted to the legislative arm of
parties. Other, lesser cases, litter the the state (Congress, Parliament,
press daily. In the last few years only, Bundestag, or Knesset). In almost every
the burgeoning defence sector in Israel country in the world, the elected body
saw two such big scandals: the developer has its own procurement oversight
of Israel's missiles was involved in one committee. It supervises the expenditures
(and currently is serving a jail of the executive branch and makes sure
sentence) and Israel's military attache that they conform to the budget. The
to Washington was implicated - though, difference between such supervisory,
never convicted - in yet another.But the parliamentary, bodies and their executive
picture is not that grim. Most branch counterparts - is that they feel
governments in the West succeeded in free to criticize public procurement not
reigning in and fully controlling this only in the context of its adherence to
particular budget item. In the USA, this budget constraints or its cleanliness -
part of the budget remained constant in but also in a political context. In other
the last 35(!) years at 20% of the words, these committees do not limit
GDP.There are many problems with public themselves to asking HOW - but also
procurement. It is an obscure area of engage in asking WHY. Why this specific
state activity, agreed upon in expense in this given time and location -
"customized" tenders and in dark rooms and not that expense, somewhere else or
through a series of undisclosed some other time. These elected bodies
agreements. At least, this is the public feel at liberty - and often do -
image of these expenditures.The truth is intervene in the very decision making
completely different.True, some ministers process and in the order of priorities.
use public money to build their private They have the propensity to alter both
"empires". It could be a private business quite often.The most famous such
empire, catering to the financial future committee is, arguably, the Congressional
of the minister, his cronies and his Budget Office (CBO). It is famous because
relatives. These two plagues - cronyism it is non-partisan and technocratic in
and nepotism - haunt public procurement. nature. It is really made of experts
The spectre of government official using which staff its offices.Its apparent -
public money to benefit their political and real - neutrality makes its
allies or their family members - haunts judgements and recommendations a
public imagination and provokes public commandment not to be avoided and, almost
indignation.Then, there are problems of universally, to be obeyed. The CBO
plain corruption: bribes or commissions operates for and on behalf of the
paid to decision makers in return for American Congress and is, really, the
winning tenders or awarding of economic research arm of that venerable
benefits financed by the public money. parliament. Parallelly, the executive
Again, sometimes these moneys end in part of the American system - the
secret bank accounts in Switzerland or in Administration - has its own guard
Luxembourg. At other times, they finance against waste and worse: the Office of
political activities of political Management and Budget (OMB).Both bodies
parties. This was rampantly abundant in produce learned, thickset, analyses,
Italy and has its place in France. The reports, criticism, opinions and
USA, which was considered to be immune recommendations. Despite quite a
from such behaviours - has proven to be prodigious annual output of verbiage -
less so, lately, with the Bill Clinton they are so highly regarded, that
alleged election financing virtually anything that they say (or
transgressions.But, these, with all due write) is minutely analysed and
respect to "clean hands" operations and implemented to the last letter with an
principles, are not the main problems of air of awe.Only a few other parliaments
public procurement.The first order have committees that carry such weight.
problem is the allocation of scarce The Israeli Knesset have the extremely
resources. In other words, prioritizing. powerful Finance Committee which is in
The needs are enormous and ever growing. charge of all matters financial, from
The US government purchases hundreds of appropriations to procurement. Another
thousands of separate items from outside parliament renowned for its tight
suppliers. Just the list of these goods - scrutiny is the French Parliament -
not to mention their technical though it retains very few real
specifications and the documentation powers.But not all countries chose the
which accompanies the transactions - option of legislative supervision. Some
occupies tens of thick volumes. of them relegated parts or all of these
Supercomputers are used to manage all functions to the executive arm.In Japan,
these - and, even so, it is getting way the Ministry of Finance still scrutinizes
out of hand. How to allocate ever scarcer (and has to authorize) the smallest
resources amongst these items is a expense, using an army of clerks. These
daunting - close to impossible - task. It clerks became so powerful that they have
also, of course, has a political the theoretical potential to secure and
dimension. A procurement decision extort benefits stemming from the very
reflects a political preference and position that they hold. Many of them
priority. But the decision itself is not suspiciously join companies and
always motivated by rational - let alone organizations which they supervised or to
noble - arguments. More often, it is the which they awarded contracts -
by product and end result of lobbying, immediately after they leave their
political hand bending and extortionist previous, government, positions. The
muscle. This raises a lot of hackles Ministry of Finance is subject to a major
among those who feel that were kept out reform in the reform-bent government of
of the pork barrel. They feel Prime Minister Hashimoto. The Japanese
underprivileged and discriminated establishment finally realized that too
against. They fight back and the whole much supervision, control, auditing and
system finds itself in a quagmire, a prosecution powers might be a Pyrrhic
nightmare of conflicting interests. Last victory: it might encourage corruption -
year, the whole budget in the USA was rather than discourage it.Britain opted
stuck - not approved by Congress - to keep the discretion to use public
because of these reactions and funds and the clout that comes with it in
counter-reactions.The second problem is the hands of the political level. This is
the supervision, auditing and control of a lot like the relationship between the
actual spending. This has two butter and the cat left to guard it.
dimensions:How to make sure that the Still, this idiosyncratic British
expenditures match and do not exceed the arrangement works surprisingly well. All
budgetary items. In some countries, this public procurement and expenditure items
is a mere ritual formality and government are approved by the EDX Committee of the
departments are positively expected to British Cabinet (=inner, influential,
overstep their procurement budgets. In circle of government) which is headed by
others, this constitutes a criminal the Ministry of Finance. Even this did
offence.How to prevent the criminally not prove enough to restrain the
corrupt activities that we have described appetites of Ministers, especially as
above - or even the non criminal quid pro quo deals quickly developed. So,
incompetent acts which government now the word is that the new Labour Prime
officials are prone to do.The most Minister will chair it- enabling him to
widespread method is the public, exert his personal authority on matters
competitive, tender for the purchases of of public money.Britain, under the
goods and services.But, this is not as previous, Tory, government also pioneered
simple as it sounds.Some countries an interesting and controversial
publish international tenders, striving incentive system for its public servants
to secure the best quality in the as top government officials are
cheapest price - no matter what is its euphemistically called there. They
geographical or political source. Other receive, added to their salaries, a
countries are much more protectionist portion of the savings that they effect
(notably: Japan and France) and they in their departmental budgets. This means
publish only domestic tenders, in most that they get a small fraction of the end
cases. A domestic tender is open only to of the fiscal year difference between
domestic bidders. Yet other countries their budget allowances and what they
limit participation in the tenders on actually spent. This is very useful in
various backgrounds: the size of the certain segments of government activity -
competing company, its track record, its but could prove very problematic in
ownership structure, its human rights or others. Imagine health officials saving
environmental record and so on. Some on medicines, or others saving on road
countries publish the minutes of the maintenance or educational consumables.
tender committee (which has to explain This, naturally, will not do.Needless to
WHY it selected this or that supplier). say that no country officially approves
Others keep it a closely guarded secret of the payment of bribes or commission to
("to protect commercial interests and officials in charge of public spending,
secrets").But all countries state in however remote the connection is between
advance that they have no obligation to the payment and the actions.Yet, law
accept any kind of offer - even if it is aside many countries accept the
the cheapest. This is a needed provision: intertwining of elites - business and
the cheapest is not necessarily the best. political - as a fact of life, albeit a
The cheapest offer could be coming from a sad one. Many judicial systems in the
very unreliable supplier with a bad past world even make a difference between a
performance or a criminal record or from payment which is not connected to an
a supplier who offers goods of shoddy identifiable or discernible benefit and
quality.The tendering policies of most of those that are. The latter - and only the
the countries in the world also latter - are labelled "bribery".Where
incorporates a second principle: that of there is money - there is wrongdoing.
"minimum size". The cost of running a Humans are humans - and sometimes not
tender is prohibitive in the cases of even that.But these unfortunate
purchases in small amounts.Even if there derivatives of social activity can be
is corruption in such purchases it is minimized by the adoption of clear
bound to cause less damage to the public procurement policies, transparent and
purse than the costs of the tender which public decision making processes and the
is supposed to prevent it!So, in most right mix of supervision, auditing and
countries, small purchases can be prosecution. Even then the result is
authorized by government officials - bound to be dubious, at best.
larger amounts go through a tedious,




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