Question
Read the attached article. Answer the question below. 1. What is main point being made here? 2. Do you agree? Explain your answer 3. Why
Read the attached article. Answer the question below. 1. What is main point being made here? 2. Do you agree? Explain your answer 3. Why do you think it will help reduce corruption if Government deals are made public?
Foreign Policy: The Miracle Cure For Corruption
Contracts with private firms are not the only place that corruption can be found in government. Some say the key to fixing
the problem is more transparency. iStockphoto.com hide caption
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iStockphoto.com
Contracts with private firms are not the only place that corruption can be found in government. Some say the key to fixing
the problem is more transparency.
iStockphoto.com
Charles Kenny is a senior fellow at the Center for Global Development, a Schwartz fellow at the New America Foundation, and
author, most recently, of Getting Better: Why Global Development Is Succeeding and How We Can Improve the World Even
More.
On Dec. 7, Nigerian authorities filed charges against former officials of Halliburton including
one Richard Cheney for
their involvement in a 10year,
$182 million cashforcontracts
scandal related to the construction of a power plant in
southern Nigeria. The charges were ultimately dropped, but only after Halliburton agreed to pay $250 million and
that's
in addition to the $177 million Halliburton and its subsidiary KBR have already paid to the U.S. Securities and Exchange
Commission to settle charges surrounding the same deal.
In defense of Halliburton, they're hardly the only contractors playing in legal gray areas you
don't even have to move out
of the infrastructure sector to find other examples. Enron was widely accused of wrongdoing in connection with the construction
of the Dabhol power plant in India, a project that produced electricity at a cost four times higher than local producers.
Meanwhile, Siemens paid $1.6 billion in fines to U.S. and European regulators to settle charges that it used bribes to
secure publicworks
contracts around the world. Local companies also get in on the act. Surveys of Afghan firms suggest
bribes to obtain government contracts are equal to an average of three percent of the total contract value in
the Philippines,
that figure is 10 percent. All that weak governance can have a big impact on prices and quality road
rehabilitation
financed by the World Bank, for instance, costs 50 percent more in countries where the average contract bribe size is above
two percent than in less corrupt countries.
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And even relatively clean countries have plenty of problems with contracting. The U.S. government's are legendary everyone's
heard of the Pentagon's $640 toilet seats and $20 plastic icecube
trays. In the aftermath of Hurricane Katrina, the
Department of Homeland Security ended up paying contractors $2,480 a house to cover damaged roofs with blue tarps a
job that should have cost closer to $300 per roof. A congressional report from 2006 summarizing evidence from government
auditors and elsewhere suggested that contracts with a total value of $745 billion had "experienced significant overcharges,
wasteful spending, or mismanagement over the last five years."
Corruption isn't the only explanation for why contracting goes awry. Even relatively clean governments are hardly models
of efficiency, and private competition can often deliver better for less. The problem is transparency. When a government
contracts out work, the distance between the people delivering the services and the ultimate customer the
taxpayer grows.
Contractors have little incentive to save the rest of us money, and our ability to make sure they're doing it is too
limited. If a contract is failing, it may well remain a secret between one or two bureaucrats and the company concerned.
Government audit agencies might uncover a problem if they are alerted or perform a random investigation. But the rest of
us can't hold contractors (or the officials who hired them) to account if we don't even know what's meant to be delivered.
There's an answer to these problems: Publish the contract. That would allow citizens, watchdog groups, even competing
firms to see whether taxpayers are getting their money's worth. It would also considerably reduce the legal costs of contracting
(because we wouldn't continually have to reinvent the wheel when it came to writing contracts in the first place)
and allow the spread of better contracting practices.
Contract transparency is starting to catch on. Colombia's eprocurement
website already regularly publishes the full contract
for procured goods and services, along with contract amendments and extensions and a range of other documents
from the procurement process to final evaluation. By 2008, five years after its launch, the site was getting nearly 5.5 million
visitors a year. And Colombia is not alone: A number of state governments in Australia have a similar system in place,
and Florida's MiamiDade
County sometimes publishes full contracts on its own procurement website.
It is no surprise that where greater contract transparency is introduced, there is evidence that costs fall. A World Bank
infrastructure project in Bali, Indonesia that included transparency combined with audit and complaint mechanisms
reduced prices for goods and works by 21 percent compared with nonproject
contracts with less disclosure. Complaints
related to contracts disclosed have led to contractors returning fees. Contract transparency also allows for improved delivery.
You only need one expert or
an amateur with patience to
uncover issues if they know what's meant to be delivered.
That's an approach that has allowed NGOs monitoring schoolbook procurement and distribution in the Philippines, for
example, to reduce textbook prices by half while increasing the speed and reliability of delivery.
The usual argument against greater contracting openness is that it would disclose contracting firms' trade secrets or invade
the personal privacy of staff, that it would betray information vital to national security, or that it would simply be too much
work. But the experiences of the governments that are already publishing contracts give the lie to these complaints.
First, the concern over trade secrets appears to be considerably smaller in practice than often predicted largely
limited to
a few hightechnology
sectors. But when it is an issue, such information can be placed in a contract annex that is not disclosed.
That's the approach already taken in Australia's federal procurement system in anticipation of Freedom of Information
Act cases. And where names are associated with fee rates, as it might be, the names can be blacked out although
a
recent Freedom of Information Act request connected with contracts for the U.S. Agency for International Development suggests
that many contractors are willing to share such information.
When it comes to national security, it is a shame and
surely no coincidence that
some of the most egregious contracting
outcomes involve defense procurements that are the most shrouded in secrecy (the V22,
anyone?). There are legitimate
issues with sharing technology or capabilities in this area, of course, but it may still be possible to print redacted versions
of contracts. And a lot of the poor contracting outcomes from the U.S. Defense Department have little or nothing to do with
national security unless
the technology behind the $20 icecube
tray is top secret.
Finally, with regard to transaction costs, the Internet has made the marginal cost of publication close to zero. The most
expensive online government procurement system a recent survey uncovered was the $27 million South Korean version
used by 27,000 publicsector
organizations. It could be easily adapted to publish contracts alongside tender documents.
This hardly seems a high price to pay. Having said that, redaction to meet national security or trade secret concerns does
take work. So some jurisdictions that have introduced contractpublication
schemes limited disclosure to larger contracts.
In Victoria, Australia, for instance, that threshold level is about $10 million. And to limit the level of effort required of
bureaucrats, contractors should be asked to identify what information they think should be withheld and give legally sustainable
reasons why officials
can review these requests rather than going over the whole contract themselves.
The real question is a simple one, then: Why not make government contracts public? It is about time officials lived up to a
simple maxim: Publish what you buy.
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