Preview

Corruption and Procurement

Powerful Essays
Open Document
Open Document
20259 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Corruption and Procurement
International Handbook on the Economics of Corruption, Volume Two

Edited by

Susan Rose-Ackerman
Yale University, USA

Tina Søreide
Chr. Michelsen Institute, Norway

Edward Elgar
Cheltenham, UK • Northampton, MA, USA

© Susan Rose-Ackerman and Tina Søreide 2011 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or photocopying, recording, or otherwise without the prior permission of the publisher. Published by Edward Elgar Publishing Limited The Lypiatts 15 Lansdown Road Cheltenham Glos GL50 2JA UK Edward Elgar Publishing, Inc. William Pratt House 9 Dewey Court Northampton Massachusetts 01060 USA

A catalogue record for this book is available from the British Library Library of Congress Control Number: 2011925769

ISBN 978 1 84980 251 2 (cased) Typeset by Servis Filmsetting Ltd, Stockport, Cheshire Printed and bound by MPG Books Group, UK

5

A fighting chance against corruption in public procurement?
Gustavo Piga1

‘When I use a word’, Humpty Dumpty said, in rather a scornful tone, ‘it means just what I choose it to mean – neither more nor less.’ ‘The question is’, said Alice, ‘whether you can make words mean so many different things.’ ‘The question is’, said Humpty Dumpty, ‘which is to be master – that’s all.’ (Through the Looking-Glass, and What Alice Found There, 1871, Lewis Carroll)

1. Introduction Public procurement is said to account for between 15 and 20 percent of the GDP of most countries.2 The allocation of these funds brings to the fore a vast array of interests, both over specific tenders and also over broad national and supra-national legislation regarding procurement.3 Those interests are often said to be non-benevolent, that is, prone to generate corruption, in both poor and rich countries. Economic and social development is not sufficient to eradicate corruption. Why is the battle against corruption in



References: Albano, Gian Luigi, Milo Bianchi and Giancarlo Spagnolo (2007), ‘Bid average methods in procurement’, in Gustavo Piga and Khi Thai (eds), The Economics of Public Procurement, Basingstoke: Palgrave Macmillan, pp. 39–59. Albano, Gian Luigi and Nicola Dimitri (2008), ‘Basi d’asta nelle gare per gli acquisti pubblici’, Rivista di Politica Economica, May–June: 55–88. Albano, Gian Luigi, Roberto Cavallo Perin and Gabriella Racca (2010), ‘The safeguard of competition in the execution phase of public procurement: framework agreements as flexible competitive tools’, Consip Working Paper, Consip Ltd, Rome. A fighting chance against corruption in public procurement? 179 Albano, Gian Luigi and Roberto Zampino (2011), ‘The integrity of centralized procurement processes in Italy: what do data about the management of national frame contracts tell us?’, Consip Working Paper, Consip Ltd, Reme. Bajari, Patrick and Steve Tadelis (2006), ‘Incentives and award procedures: competitive tendering vs. negotiations in procurement’, in Nicola Dimitri, Gustavo Piga and Giancarlo Spagnolo (eds), Handbook of Procurement, Cambridge: Cambridge University Press, pp. 121–42. Bandiera, Oriana, Andrea Prat and Tommaso Valletti (2009), ‘Active and passive waste in government spending: evidence from a policy experiment’, American Economic Review, 99(4): 1278–308. Banfield, Edward C. (1975), ‘Corruption as a feature of governmental organization’, Journal of Law and Economics, 58: 587–605. Bardhan, Pranab and Dilip Mookherjee (2006), ‘Decentralisation and accountability in infrastructure delivery in developing countries’, Economic Journal, 116(1): 101–27. Batra, Geeta, Daniel Kaufmann and Andrew Stone (2003), ‘Investment climate around the world: voices of the firms in the World Business Environment Survey’, World Bank/IBRD, Washington, DC. Bos, Iwan and Joseph E. Harrington Jr (2010), ‘Endogenous cartel formation with heterogeneous firms’, RAND Journal of Economics, 41(1): 92–117. Burguet, Roberto and Yeon-Koo Che (2004), ‘Competitive procurement with corruption’, RAND Journal of Economics, 35: 50–68. Celentani, Marco and Juan-José Ganuza (2002), ‘Competition and corruption in procurement’, European Economic Review, 43: 1273–303. Ciciretti, Rocco, Simone Meraglia and Gustavo Piga (2010), ‘Capture, industry concentration, politics and antitrust effectiveness’, mimeo. Compte, Olivier and Ariane Lambert-Mogiliansky (2000), ‘Efficacité et transparence dans les procédures de spécification sur les marchés publics’, Direction de la Prévision, Ministère de l’Économie des Finances et de l’Industrie, Paris. Compte, Olivier, Ariane Lambert-Mogiliansky and Thierry Verdier (2005), ‘Corruption and competition in procurement auctions’, RAND Journal of Economics, 36(Spring): 1–15. Conley, Timothy and Francesco Decarolis (2010), ‘Collusion in average bid auctions’, mimeo. Coppier, Raffaella, Mauro Costantini and Gustavo Piga (2009), ‘Do ‘clean hands’ ensure healthy growth? Theory and practice in the battle against corruption’, Economics Series no. 238, Institute for Advanced Studies, Vienna, May. Coviello, Decio and Stefano Gagliarducci (2010), ‘Building political collusion: evidence from procurement auctions’, IZA Discussion Papers no. 4939, Institute for the Study of Labor (IZA), Bonn. Della Porta, Donatella and Alberto Vannucci (2011), The Dark Side of Power: Norms and Mechanisms of Political Corruption, Farnham, UK: Ashgate. Dimitri, Nicola, Federico Dini and Gustavo Piga (2006), ‘When should procurement be centralized?’, in Nicola Dimitri, Gustavo Piga and Giancarlo Spagnolo (eds), Handbook of Procurement, Cambridge: Cambridge University Press, pp. 47–81. Dini, Federico, Riccardo Pacini and Tommaso Valletti (2006), ‘Scoring Rules’, in Nicola Dimitri, Gustavo Piga and Giancarlo Spagnolo (eds), Handbook of Procurement, Cambridge, : Cambridge University Press, pp. 293–321. Ferraz, Claudio and Frederico Finan (forth coming), ‘Accountability and corruption in local governments: evidence from audit reports’, American Economic Review. Gershon, Peter (1999), ‘Review of Civil Procurement in Central Government’, April, available at: http://archive.treasury.gov.uk/docs/1999/pgfinals.html. Grimm, Veronika, Riccardo Pacini, Giancarlo Spagnolo and Matteo Zanza (2006), ‘Division into lots and competition in procurement’, in Nicola Dimitri, Gustavo Piga and Giancarlo Spagnolo (eds), Handbook of Procurement, Cambridge: Cambridge University Press, pp. 168–92. 180 International handbook on the economics of corruption, volume two Harding, Chris (2009), ‘Capturing the cartel’s friends: cartel facilitation and the idea of joint criminal enterprise’, European Law Review, 34(2): 298–309. H.M. Treasury (2006), ‘PFI: Strengthening Long-term Partnerships’, London. Huntington, Samuel Phillips (1968), Political Order in Changing Societies, New Haven, CT: Yale University Press. Reprinted in A. Heidenheimer, M. Johnston and V. LeVine, 1989, Political Corruption: A Handbook, New Brunswick, NJ: Transaction Publishers, pp. 377–88. Iossa, Elisabetta and Giancarlo Spagnolo (2009), ‘Contracts as threats: on a rationale for rewarding A while hoping for B’, CEIS Working Paper no. 147, Rome. Kelman, Steven (2002), ‘Remaking federal procurement’, Public Contracts Law Journal, Summer, 3(1): 57–74. Kelman, Steven (2004), ‘Deregulating federal procurement: nothing to fear but discretion itself ’, in John D. Dulilio Jr (ed.), Deregulating the Public Service: Can Government be Efficient?, Washington, DC: Brooking Institution Press, pp. 102–28. Kelman, Steven (2005), Unleashing Change: A Study of Organizational Renewal in Government, Washington, DC: Brookings Institution Press. Koenig, Gaspard (2009), Les discrètes vertus de la corruption, Paris: Grasset. Kosenok, Grigory and Ariane Lambert-Mogiliansky (2009), ‘Fine–tailored for the cartel – favoritism in procurement’, Review of Industrial Organization, 35(1): 95–121. Laffont, Jean and Jean Tirole (1991), ‘Auction design and favoritism’, International Journal of Industrial Organization, 9: 9–42. Lambert-Mogiliansky, Ariane and Grigory Kosenok (2009), ‘Fine-tailored for the cartel – favoritism in procurement’, Review of Industrial Organization, 35(1): 95–121. Lambert-Mogiliansky, Ariane and Konstantin Sonin (2006), ‘Collusive market-sharing and corruption in procurement’, Journal of Economics and Management Strategy, 15(4): 883–908. Lambsdorff, Johann Graf (2007), The Institutional Economics of Corruption and Reform: Theory, Evidence, and Policy, Cambridge: Cambridge University Press. Lengwiler, Yvan and Elmar Wolfstetter (2006), ‘Corruption in procurement auctions’, in Nicola Dimitri, Gustavo Piga and Giancarlo Spagnolo (eds), Handbook of Procurement, Cambridge: Cambridge University Press, pp. 412–32. Magrini, Paola (2005), ‘Transparency in public e-procurement: the Italian perspective’, paper presented at the OECD Expert Group Meeting on Integrity in Public Procurement, Paris, 20–21 June. McHenry, William, and Denis Pryamonosov (2010) ‘Emerging electronic procurement in Russia’s regional governments’, Journal of Public Procurement, 10(2): 211–46. Moon, M. Jae (2005), ‘E-procurement management in state governments: diffusion of e-procurement practices and determinants’, Journal of Public Procurement, 5(1): 54–72. Olken, Benjamin (2007), ‘Monitoring corruption: evidence from a field experiment in Indonesia’, Journal of Political Economy, 115(2): 200–49. Picci, Lucio (2011), Reputation-based Governance, Stanford, CA: Stanford University Press. Roberts, John, (2004), The Modern Firm: Organizational Design for Performance and Growth, Oxford: Oxford University Press. Rose-Ackerman, Susan (1978), Corruption: A Study in Political Economy, New York: Academic Press. Rose-Ackerman, Susan (1999), Corruption and Government: Causes, Consequences, and Reform, Cambridge: Cambridge University Press. Søreide, Tina (2005), ‘Grey zones and corruption in public procurement: issues for consideration’, in Fighting Corruption and Promoting Integrity in Public Procurement, Paris: OECD. Søreide, Tina (2006), ‘Corruption in international business transactions: the perspective of Norwegian firms’, in Susan Rose-Ackerman (ed.), International Handbook on the Economics of Corruption, Cheltenham, UK and Northampton, MA, USA: Edward Elgar, pp. 381–417. Søreide, Tina (2008), ‘Beaten by bribery: why not blow the whistle?’, Journal of Institutional and Theoretical Economics/Zeitschrift für die Gesamte Staatswissenschaft, 164(3): 407–28. A fighting chance against corruption in public procurement? 181 Sosa, Luis A. (2004). ‘Wages and other determinants of corruption’, Review of Development Economics, 8(4): 597–605. Spagnolo, Giancarlo (2008), ‘Leniency and whistleblowers in antitrust’, Chapter 7 in Paolo Buccirossi (ed.), Handbook of Antitrust Economics, Cambridge, MA: MIT Press, pp. 259–303. Svensson, Jakob (2005), ‘Eight questions about corruption’, Journal of Economic Perspectives, 19(3): 19–42. Sweet, Justin (1994), Legal Aspects of Architecture, Engineering, and the Construction Process, St Paul, MN: West. Úbeda, Francisco and Andy Gardner (2010), ‘A model for genomic imprinting in the social brain: adults’, Evolution, no. doi: 10.1111/j.1558-5646.2010.01115.x. Wrong, Michela (2009), It’s Our Turn to Eat, London: Harper.

You May Also Find These Documents Helpful

  • Powerful Essays

    The United States government is the largest single purchaser of goods and services in the world. Even during times of economic hardship, the US continues to dump billions into the private sector. The federal procurement spending rate of growth has surpassed the rate of U.S. inflation every year, since 2000. With annual federal procurement budgets of more than $400 billion, it is no surprise that the competition for government contracts has increased tremendously. Consequently, more and more companies are trying to get a piece of the action. When these companies adhere to all of the required regulations and statutes, they expect their proposals to be evaluated and the contract awarded in a fair and unbiased manner (Nacke & Ralston 2011).…

    • 4029 Words
    • 17 Pages
    Powerful Essays
  • Good Essays

    Part 14 Sealed Bidding; Part 15 Contracting by Negotiation; Subpart 6.2—Full and Open Competition After Exclusion of Sources;Subpart 6.4—Sealed Bidding and Competitive Proposals…

    • 928 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Teamcourroptie.org website 4-2-15 What is corruption? Major corruption thrives on a broad base of small corruption-payments orbribes. Anyone who wants to fight corruption and safeguard integrity in governanceshould not only prevent politicians and public officials from unlawfully acceptinggifts, but should also fight the 'high and mighty' that abuse their power andauthority to give privileges such as land rights, permits, diplomas, allowances,money, against a reward.…

    • 470 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    I would like to present information to recommend a full financial status review prior to submitting a government contract bid. I will discuss the impact of fraud and abuse on a company, government oversight of fraud and abuse, the potential corruption schemes to be aware of and the recommended types of accounting evidence and methods of gathering evidence to support the financial status review. I will present the definitions for each and possible impacts of…

    • 722 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    does Bribery help or hurt

    • 867 Words
    • 4 Pages

    First, the author explains that government institutions can be considered as one of the factors that influence firms to apply bribery as a political strategy and as one of the sources that provide a perfect environment for bribery, where officials might abuse the government power to get some “private benefits and solicit illegal payments from firms”. A good example is the case of Wal-Mart when the retail store in the attempt to expand in Mexico. The company used bribery to facilitate the establishment in Mexico. Then the scandal hits the world’s biggest retailers. The company lost over $10 billion of market value overnight and just for the bribery of Mexican officials for the amount of $24 million.…

    • 867 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    When a company makes a contract with a government for supplying goods or services without competing against bidders, there is a real risk of corruption and overpricing. The company may feel that it can charge what it wants without worrying about the competition, weakening the incentive to be efficient and provide a good deal.…

    • 773 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    gain”1. This suggests that corruption is in abundance when there are conditions that allow for…

    • 2095 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Siemens Bribery Case

    • 559 Words
    • 3 Pages

    Before 1999 the use of bribery in Germany was not illegal and could be deducted as a business expense in a company’s taxes. This allowed companies like Siemens to gain the upper hand and have an unfair advantage over their competition in acquiring business deals around the world. Then when the law changed, Siemens still utilized bribery, and employed bribery tactics in other countries where it was also illegal. In this case study I’m going to analyze the rationale and high levels of corruption that transpired in the Siemens bribery scandal and utilize the Organization for Economic Cooperation and Development’s (OECD) Guidelines for Multinational Enterprises to illustrate the negative impact of bribery.…

    • 559 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Ethics

    • 308 Words
    • 2 Pages

    1. Bribes to government officials, side payments, facilitation payments, donations to political parties before elections….when is corruption MORALLY corrupt? Analyze critically the meaning of corruption in an international business setting and assess its economic and moral impact.…

    • 308 Words
    • 2 Pages
    Satisfactory Essays
  • Best Essays

    Corruption, what is it and why does it seem to flourish in the world of business and in particular government contracting? Corruption as defined by Webster’s dictionary is a lack of integrity or honesty (especially susceptibility to bribery); use of a position of trust for dishonest gain (“corruption,” 2010). All over the world there are stories of corruption from money laundering, unfair awarding of contracts, bribery, and even espionage. Procurement and contracting seem to be one of the areas most prone to corruption, which inevitably has a bearing on how effective public spending can be. Additionally, corruption impairs government agencies as well as private companies because it increases production costs, eliminates true competitiveness, and in a nutshell is not good for business.…

    • 4590 Words
    • 19 Pages
    Best Essays
  • Better Essays

    Political Corruption

    • 2392 Words
    • 7 Pages

    Throughout the world, a fundamental truth that must be acknowledged is that our governments are plagued by corruption. This corruption is a pervasive force firmly entrenched across all societies. With that being said, not all governments were created equal. Corruption manifests itself in a multitude of manners causing some countries to be more corrupted than others. The chief focus of this paper is to examine corruption across the world and analyze the factors that create this issue. Using an array of data analysis techniques I will attempt to investigate governments across the world, and provide insight into the political and economic aspects of corruption.…

    • 2392 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Many authors tried to understand the subject of corruption and its causes. Among them, the government weaknesses or shortcoming may lead to higher corruption since companies are not afraid of being apprehended (David Conklin, 2009). Besides, government officials with low wages and low educational levels will be more likely to accept illegal payments to survive but also because they do not realize the consequences for the nation’s economic development (David Conklin, 2009). Other reasons are given by the author like the widespread poverty, the possession of major reserves of natural resources, as being likely to influence positively the corruption. On top of that, the current literature identified a linear relationship between corruption and government regulations (Naved Ahmad, 2002) and it seems that higher degree of government regulations leads to higher levels of corruption. This is easily understandable. The more the companies need the intervention of the government to run a business (licenses and permits, control over procurement, contracts,…

    • 1551 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Corruption Analysis

    • 386 Words
    • 2 Pages

    This paper will look at some of the views of corruption both in Western society as well as cultures and societies where the exchange of goods and services as payment for other deeds is viewed as an everyday part of life. First corruption should be defined; Transparency International defines corruption as “the abuse of entrusted power for private gain.” (TI) Transparency International further breaks down corruption into two types. These types are based on whether the bribe is for services that someone is required to provide or they are services that are prohibited from providing.…

    • 386 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Médard, J.-F. (2002) „Corruption in the Neo-Patrimonial States of Sub-Saharan Africa‟, in A.J. Heidenheimer and M. Johnston (eds), Political Corruption – Concepts and Contexts. New Brunswick & London: Transaction Publishers. Miller, G.J. (2000) „Above Politics: Credible Commitment and Efficiency in the Design of Public Agencies‟, Journal of Public Administration Research and Theory 10: 289-327. Miller, G.J. and Hammond, T. (1994) „Why Politics is more fundamental than Economics: Incentive-Compatible Mechanisms are not credible‟, Journal of Theoretical Politics 6: 5-26. Nieuwbeerta, P., De Geest G. and Siegers, J. (2003) ‟Street-Level Corruption in Industrialized and Developing Countries‟ European Societies 5: 139-165. North, D. Wallis, J.J. and Weingast, B. (2009) Violence and Social Orders. Cambridge: Cambridge University Press. Northcote, S.H. and Trevelyan C. E. (1853) Report on the Organisation of the Permanent Civil Service. London: House of Commons. Tilly, C. (1985). „War Making and State Making as Organized Crime‟, in P. Evans, D. Rueschmeyer, and T. Skocpol (eds). Brining the State Back In. Cambridge: Cambridge University Press. Painter, M. and Peters, B. G. (2010). „Administrative traditions in Comparative Perspective: Families, Groups and Hybrids‟, in Painter, M. and Peters B. G. (eds). Tradition and public administration. Basingstoke: Palgrave Macmillan. Rauch, J. (1995) „Bureaucracy, Infrastructure, and economic Growth: Evidence from U.S. Cities During the Progessive Era‟, The American Economic Review 85: 968-979. Rauch, J. and Evans, P. (2000) „Bureaucratic structure and bureaucratic performance in less developed countries‟, Journal of Public Economics 75:49-71. Rose-Ackerman, S. (1999) Corruption and Government. Causes, Consequences and Reform. Cambridge: Cambridge University Press. Rose-Ackerman, S. (2006) „Introduction and overview‟, in S. Rose-Ackerman (ed.) International Handbook on the Economics of Corruption. Cheltenham: Edward Elgar. Rothstein, B. and Teorell, J. (2008) „What is Quality of Government? A Theory of Impartial Government Institutions‟, Governance 21: 165-190. Rouban, L. (2007) „Politicization of the Civil Service‟, in B.G. Peters and J. Pierre (eds) The Handbook of Public Administration. London: Sage. Rubinstein, W. D. (1983) „The End of Old Corruption in Britain, 1780-1860‟, Past & Present 101: 55-86. Schultz, D. and Maranto, R. (1998) The Politics of Civil Service Reform. New York: Peter Lang. Sotiropoulos, D. (2004), „Two faces of politicization of the civil service: the case of contemporary Greece‟, in B.G. Peters and J. Pierre (eds) Politicization of the Civil Service in Contemporary Perspective. London: Routledge.…

    • 6275 Words
    • 26 Pages
    Powerful Essays
  • Best Essays

    References: Awan, Malik Khuda Bakhsh (2004), Anti-Corruption: Strategies in Pakistan. Lahore: Book Biz. Chene, Marie (2008), Overview of corruption in Pakistan. Retrieved May 17, 2010, from http://www.u4.no/helpdesk/helpdesk/query.cfm?id=174. Hussain, Mushahid and Akmal Hussain (1993), Pakistan: Problems of Governance. Lahore: Vanguard Books Pvt. Ltd. Ismail, Zafar H. and Sehar Rizvi, Some issues of governance in Pakistan. Retrieved on May 17, 2010 from http://www.spdc.org.pk/pubs/cp/cp39.pdf. Khan, Masood, Niaz A. Shah Kakakhel and Melvin J. Dubnick (2004), Prosecuting Corruption: The Case of Pakistan. Ethics Forum, American Society for Public Administration, 26-27 March, 2004. Rose-Ackerman, Susan (1999), Corruption and Government. UK: Cambridge University Press. Sala-i-Martin, Xavier and Michael E. Porter (2008), The global competitiveness report 2007-2008. Retrieved May 17, 2010 from http://www.gcr07. weforum.org/. UNDP (1997), Corruption and good governance, Discussion paper 3, Retrieved May 17, 2010 from http://www.undp.org/oslocentre/PAR_Bergen_2002/ corruption3.htm. UNDP (2002), National anti-corruption strategy – 2002. Retrieved on May 17, 2010 from http://www.undppc.org.fj/userfiles/file/Pakistan National Anti-Corruption Strategy.pdf. Vittal, N. and S. Mahalingam (2004), Fighting Corruption and Restructuring Government. New Delhi: Manas Publications. Wraith, Ronald and Edgar Simpkins (1963), Corruption in Developing Countries. London: George Allen & Unwin Ltd. Yolles, Maurice (2008), A social psychological basis of corruption and sociopathology. In De Luca, Federico N. (ed.), Economic Corruption: Detection, Costs and Prevention. New York: Nova Science Publishers, Inc.…

    • 3848 Words
    • 16 Pages
    Best Essays