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Corruption and Procurement

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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.

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