XXVII. Public Procurement and Very Private Benefits

In every national budget, there is a part called "Public

Procurement". This is the portion of the budget allocated

to purchasing services and goods for the various

ministries, authorities and other arms of the executive

branch. It was the famous management consultant,

Parkinson, who once wrote that government officials are

likely to approve a multi-billion dollar nuclear power

plant much more speedily that they are likely to authorize

a hundred dollar expenditure on a bicycle parking device.

This is because everyone came across 100 dollar

situations in real life - but precious few had the fortune to

expend with billions of USD.

This, precisely, is the problem with public procurement:

people are too acquainted with the purchased items. They

tend to confuse their daily, household-type, decisions with

the processes and considerations which should permeate

governmental decision making. They label perfectly

legitimate decisions as "corrupt" - and totally corrupt

procedures as "legal" or merely "legitimate", because this

is what was decreed by the statal mechanisms, or because

"this is the law".

Procurement is divided to defence and non-defence

spending. In both these categories - but, especially in the

former - there are grave, well founded, concerns that

things might not be all what they seem to be.

Government - from India's to Sweden's to Belgium's - fell

because of procurement scandals which involved bribes

paid by manufacturers or service providers either to

individual in the service of the state or to political parties.

Other, lesser cases, litter the press daily. In the last few

years only, the burgeoning defence sector in Israel saw

two such big scandals: the developer of Israel's missiles

was involved in one (and currently is serving a jail

sentence) and Israel's military attache to Washington was

implicated - though, never convicted - in yet another.

But the picture is not that grim. Most governments in the

West succeeded in reigning in and fully controlling this

particular budget item. In the USA, this part of the budget

remained constant in the last 35(!) years at 20% of the

GDP.

There are many problems with public procurement. It is

an obscure area of state activity, agreed upon in

"customized" tenders and in dark rooms through a series

of undisclosed agreements. At least, this is the public

image of these expenditures.

The truth is completely different.

True, some ministers use public money to build their

private "empires". It could be a private business empire,

catering to the financial future of the minister, his cronies

and his relatives. These two plagues - cronyism and

nepotism - haunt public procurement. The spectre of

government official using public money to benefit their

political allies or their family members - haunts public

imagination and provokes public indignation.

Then, there are problems of plain corruption: bribes or

commissions paid to decision makers in return for

winning tenders or awarding of economic benefits

financed by the public money. Again, sometimes these

moneys end in secret bank accounts in Switzerland or in

Luxembourg. At other times, they finance political

activities of political parties. This was rampantly abundant

in Italy and has its place in France. The USA, which was

considered to be immune from such behaviours - has

proven to be less so, lately, with the Bill Clinton alleged

election financing transgressions.

But, these, with all due respect to "clean hands"

operations and principles, are not the main problems of

public procurement.

The first order problem is the allocation of scarce

resources. In other words, prioritizing. The needs are

enormous and ever growing. The US government

purchases hundreds of thousands of separate items from

outside suppliers. Just the list of these goods - not to

mention their technical specifications and the

documentation which accompanies the transactions -

occupies tens of thick volumes. Supercomputers are used

to manage all these - and, even so, it is getting way out of

hand. How to allocate ever scarcer resources amongst

these items is a daunting - close to impossible - task. It

also, of course, has a political dimension. A procurement

decision reflects a political preference and priority. But

the decision itself is not always motivated by rational - let

alone noble - arguments. More often, it is the by product

and end result of lobbying, political hand bending and

extortionist muscle. This raises a lot of hackles among

those who feel that were kept out of the pork barrel. They

feel underprivileged and discriminated against. They fight

back and the whole system finds itself in a quagmire, a

nightmare of conflicting interests. Last year, the whole

budget in the USA was stuck - not approved by Congress

- because of these reactions and counter-reactions.

The second problem is the supervision, auditing and

control of actual spending. This has two dimensions:

1. How to make sure that the expenditures match and

do not exceed the budgetary items. In some

countries, this is a mere ritual formality and

government departments are positively expected to

overstep their procurement budgets. In others, this

constitutes a criminal offence.

2. How to prevent the criminally corrupt activities

that we have described above - or even the non

criminal incompetent acts which government

officials are prone to do.

The most widespread method is the public, competitive,

tender for the purchases of goods and services.

But, this is not as simple as it sounds.

Some countries publish international tenders, striving to

secure the best quality in the cheapest price - no matter

what is its geographical or political source. Other

countries are much more protectionist (notably: Japan and

France) and they publish only domestic tenders, in most

cases. A domestic tender is open only to domestic bidders.

Yet other countries limit participation in the tenders on

various backgrounds:

the size of the competing company, its track record, its

ownership structure, its human rights or environmental

record and so on. Some countries publish the minutes of

the tender committee (which has to explain WHY it

selected this or that supplier). Others keep it a closely

guarded secret ("to protect commercial interests and

secrets").

But all countries state in advance that they have no

obligation to accept any kind of offer - even if it is the

cheapest. This is a needed provision: the cheapest is not

necessarily the best. The cheapest offer could be coming

from a very unreliable supplier with a bad past

performance or a criminal record or from a supplier who

offers goods of shoddy quality.

The tendering policies of most of the countries in the

world also incorporates a second principle: that of

"minimum size". The cost of running a tender is

prohibitive in the cases of purchases in small amounts.

Even if there is corruption in such purchases it is bound to

cause less damage to the public purse than the costs of the

tender which is supposed to prevent it!

So, in most countries, small purchases can be authorized

by government officials - larger amounts go through a

tedious, multi-phase tendering process. Public competitive

bidding is not corruption-proof: many times officials and

bidders collude and conspire to award the contract against

bribes and other, noncash, benefits. But we still know of

no better way to minimize the effects of human greed.

Procurement policies, procedures and tenders are

supervised by state auditing authorities. The most famous

is, probably, the General Accounting Office, known by its

acronym: the GAO.

It is an unrelenting, very thorough and dangerous

watchdog of the administration. It is considered to be

highly effective in reducing procurement - related

irregularities and crimes. Another such institutions the

Israeli State Reviser. What is common to both these

organs of the state is that they have very broad authority.

They possess (by law) judicial and criminal prosecution

powers and they exercise it without any hesitation. They

have the legal obligation to review the operations and

financial transactions of all the other organs of the

executive branch. Their teams select, each year, the

organs to be reviewed and audited. They collect all

pertinent documents and correspondence. They cross the

information that they receive from elsewhere. They ask

very embarrassing questions and they do it under the

threat of perjury prosecutions. They summon witnesses

and they publish damning reports which, in many cases,

lead to criminal prosecutions.

Another form of review of public procurement is through

powers granted to the legislative arm of the state

(Congress, Parliament, Bundestag, or Knesset). In almost

every country in the world, the elected body has its own

procurement oversight committee. It supervises the

expenditures of the executive branch and makes sure that

they conform to the budget. The difference between such

supervisory, parliamentary, bodies and their executive

branch counterparts - is that they feel free to criticize

public procurement not only in the context of its

adherence to budget constraints or its cleanliness - but

also in a political context. In other words, these

committees do not limit themselves to asking HOW - but

also engage in asking WHY. Why this specific expense in

this given time and location - and not that expense,

somewhere else or some other time. These elected bodies

feel at liberty - and often do - intervene in the very

decision making process and in the order of priorities.

They have the propensity to alter both quite often.

The most famous such committee is, arguably, the

Congressional Budget Office (CBO). It is famous because

it is non-partisan and technocratic in nature. It is really

made of experts which staff its offices.

Its apparent - and real - neutrality makes its judgements

and recommendations a commandment not to be avoided

and, almost universally, to be obeyed. The CBO operates

for and on behalf of the American Congress and is, really,

the research arm of that venerable parliament. Parallelly,

the executive part of the American system - the

Administration - has its own guard against waste and

worse: the Office of Management and Budget (OMB).

Both bodies produce learned, thickset, analyses, reports,

criticism, opinions and recommendations. Despite quite a

prodigious annual output of verbiage - they are so highly

regarded, that virtually anything that they say (or write) is

minutely analysed and implemented to the last letter with

an air of awe.

Only a few other parliaments have committees that carry

such weight. The Israeli Knesset have the extremely

powerful Finance Committee which is in charge of all

matters financial, from appropriations to procurement.

Another parliament renowned for its tight scrutiny is the

French Parliament - though it retains very few real

powers.

But not all countries chose the option of legislative

supervision. Some of them relegated parts or all of these

functions to the executive arm.

In Japan, the Ministry of Finance still scrutinizes (and has

to authorize) the smallest expense, using an army of

clerks. These clerks became so powerful that they have

the theoretical potential to secure and extort benefits

stemming from the very position that they hold. Many of

them suspiciously join companies and organizations

which they supervised or to which they awarded contracts

- immediately after they leave their previous, government,

positions. The Ministry of Finance is subject to a major

reform in the reform-bent government of Prime Minister

Hashimoto. The Japanese establishment finally realized

that too much supervision, control, auditing and

prosecution powers might be a Pyrrhic victory: it might

encourage corruption - rather than discourage it.

Britain opted to keep the discretion to use public funds

and the clout that comes with it in the hands of the

political level. This is a lot like the relationship between

the butter and the cat left to guard it. Still, this

idiosyncratic British arrangement works surprisingly well.

All public procurement and expenditure items are

approved by the EDX Committee of the British Cabinet

(=inner, influential, circle of government) which is headed

by the Ministry of Finance. Even this did not prove

enough to restrain the appetites of Ministers, especially as

quid pro quo deals quickly developed. So, now the word

is that the new Labour Prime Minister will chair it-

enabling him to exert his personal authority on matters of

public money.

Britain, under the previous, Tory, government also

pioneered an interesting and controversial incentive

system for its public servants as top government officials

are euphemistically called there. They receive, added to

their salaries, a portion of the savings that they effect in

their departmental budgets. This means that they get a

small fraction of the end of the fiscal year difference

between their budget allowances and what they actually

spent. This is very useful in certain segments of

government activity - but could prove very problematic in

others. Imagine health officials saving on medicines, or

others saving on road maintenance or educational

consumables. This, naturally, will not do.

Needless to say that no country officially approves of the

payment of bribes or commission to officials in charge of

public spending, however remote the connection is

between the payment and the actions.

Yet, law aside many countries accept the intertwining of

elites - business and political - as a fact of life, albeit a sad

one. Many judicial systems in the world even make a

difference between a payment which is not connected to

an identifiable or discernible benefit and those that are.

The latter - and only the latter - are labelled "bribery".

Where there is money - there is wrongdoing. Humans are

humans - and sometimes not even that.

But these unfortunate derivatives of social activity can be

minimized by the adoption of clear procurement policies,

transparent and public decision making processes and the

right mix of supervision, auditing and prosecution. Even

then the result is bound to be dubious, at best.

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