Procurement Ethics: The Bottom Line
Procurement Ethics: The Bottom Line
Public procurement professionals are faced with the constant challenge of ensuring ethical and equitable procurement practices. As I travel around the country speaking to various levels of government officials and field personnel, the question of ethics is foremost in everyone’s mind.
I am constantly asked questions covering everything from accepting goodies at Christmas to excessive exemptions from the procurement law. I see futility and frustration on the part of procurement folks trying to deal with unethical behavior over which they often have no control. At the same time, procurement must adhere to higher ethical standards than the rest of their organization.
Acommon question is, “What can I do when asked to perform, or ignore, unethical practices?”
First, take a hard look at your organization’s ethics policy. If you don’t have one, the problem is obviously ignorance on the part of your entity’s leadership regard to the importance of a credible public image. The problem also includes ignorance of their responsibility as “stewards of the public trust” to ensure equitable and ethical practices under the law.
That ignorance is more often innocent than intentional. Astaff (consultant) function of procurement is to advise management of the importance of an ethics policy and procedures for the entire organization and to assist in the development of one. The sooner the better!
If you have an ethics policy, review it and apply it. Many times there are viable ethics policies and procedures in place that are simply ignored. You don’t have the choice to ignore policy, nor does anyone else. It may come as a shock to some folks that one exists, but that isn’t always a bad thing, and it isn’t your fault to apply it. It’s your duty!
The Bottom Line
There are many unethical procurement decisions made by management that only management can make. It isn’t procurement’s job to investigate or conclude that management is unethical. It is procurement’s job to officially advise management of an apparent unethical situation and all its potential consequences in a professional and timely manner.
Your job is to ensure that whatever management chooses to do is a “fully informed” decision. This avoids the after-the-fact allegation that “procurement never advised that we couldn’t or shouldn’t do that.”
Don’t be afraid to consult legal counsel regarding any apparent unethical activity. All too often the legal department is forced to defend government’s unethical activity at great public expense. Save your entity time and defense expense by having the legal department join you while advising management against unethical activity.
You’re protecting the public trust and the credibility of your organization. Can you do any less? Document everything! Advise of your concerns in writing or e-mail (registered receipt) and make sure it is in the official file. Maintain a separate file of your own and keep it in your home or other off-site location.
Once you have done all the above, you have fulfilled your duty and responsibility. Regardless of what choice management makes, you’ve done your job.
Editor’s Note: Beau Grant, CPPO, is a Master Instructor for the National Institute of Governmental Purchasing (NIGP) and President of Beau-Geste Enterprises. Readers can reach Grant by e-mail at: [email protected].
