Part 2 of this series on the Procurement Act evaluated the readiness of public bodies (ministries state enterprises, statutory corporations and other departments) for the changes contemplated by the act. The OPR readiness surveys suggest a low level of readiness for the changes required by the act.
All organisations exist for a purpose. Public bodies are no different. To achieve its objectives, an organisation depends on a range of supporting systems and processes that must be aligned. These include systems and procedures for managing cash, information technology, marketing, human resources, and procurement. These are integrated, not standalone processes. Organisations are not built to procure goods or services alone. The procurement process is one of many processes that enable any organisation to achieve its objectives and must seamlessly integrate. OPR guidelines recognise this as does the act. Fixing one process alone is inadequate.
Therefore, any improvement in the procurement mechanisms in public bodies implies corollary and compensating adjustments to the other systems within each organisation. Fixing the procurement process alone while excluding supporting amendments in other areas would undermine any improvements to the procurement process. Therefore, the Procurement Act should be seen as a catalyst for improving all systems and processes within all public bodies, a metaphor for public service modernisation and digitalisation in effect. This requires a more coordinated approach.
The advantage of this approach is that it would improve the operating efficiency of each entity. Any efficiency improvement in how these bodies function should reduce their expenditure. This is highly desirable given the limitations of public finances. In any event, efficiency is required for its own sake.
Implementing the changes required by the act in public bodies requires realignment and business process reengineering in each entity. These process changes are deep and will vary between institutions, as some may be better prepared for the changes. For-profit state enterprises operating in the private sector should be able to undertake the necessary improvements on their own albeit on a phased basis. Updating all public bodies simultaneously is not a feasible option. Implementing computer systems across multiple organisations is fraught with difficulty. Even in the best of organisations, information technology objectives are often unrealised because they are too wide-ranging or too many.
For example, the act requires procurement processes to align with the annual budget process. Items to be procured should be published quarterly in advance for the information of prospective suppliers. This means that procurement records must be maintained in a format that facilitates quarterly and annual reviews. Compiling these records is not simple, and it is unlikely that these records can be done manually for an extended period. In this context, electronic spreadsheets will count as manual.
The reporting requirements alone are a compelling reason for the computerisation of the processes involved. This explains why the OPR is responsible “to determine, develop, introduce, maintain, and update related system-wide databases and technology.” However, the OPR is only responsible for the procurement process and overseeing the improvement of such processes. A key question is whether the OPR has the necessary budget to effect this responsibility. Even if it receives the necessary funding, that does not ensure that other public bodies will have the funding to implement these system changes.
Implementing common systems across many organisations is both time-consuming and complicated. Poorly implemented systems are costly because they absorb resources that should be deployed elsewhere, leading to inertia in correcting the poorly implemented system. This institutionalises inefficiency. The IRIS system implementation in all ministries is a good example of the complications that could arise. The failure to achieve multiple objectives can be very costly. This is one reason why the timely payment of government pensions for retired public servants is problematic notwithstanding the implementation of IRIS (Integrated Human Resource Information System).
Implementing CROS (Companies Online Registry System) at the Ministry of Legal Affairs or the complicated and incomplete processes to facilitate tax payments online all lead to low public confidence. The CROS system requires all company directors to give personal identification data and contact details and is publicly available to anyone. Yet banks still require company directors to provide personal details and utility bills in keeping with know-your-customer rules as advised by the Central Bank and the FIU (Financial Intelligence Unit). What is the purpose of the CROS if the same data is publicly available to all and is unused? Has anyone been successfully prosecuted for money laundering?
The current impasse between the Auditor General, the Attorney General, and the Finance Minister has, at its core, poorly implemented software at the Central Bank, where the operating controls to ensure accuracy were either inadequate or failed. It is important to note that the software tools at the heart of this “error” have been in use by banks worldwide for the last 20 years without this confusion. Indeed, if interbank settlement systems manage trillions of USD every day, the international payment system would be a disaster.
In summary, the emphasis should be on public sector modernisation and transformation as ends in themselves, not as a positive byproduct of implementing the Procurement Act.
Mariano Browne is the Chief Executive Officer of the Arthur Lok Jack Global School of Business