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Bribery in Public Procurement: Methods, Actors and Counter-Measures
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Public works contracts mean big business. From road-building to high-tech communication infrastructure, public procurement averages 15% of GDP in OECD countries--substantially more in non-OECD economies--and it is a major factor in the world trade of goods and services. Given the growing complexity of bribe schemes in today’s globalised markets, the problem is how to identify corruption in public procurement so governments can work toward effective prevention and apply sanctions if necessary. This report provides insights on all three fronts. Based on contributions from law enforcement and procurement specialists, the report describes how bribery is committed through the various stages of government purchasing; how bribery in public procurement is related to other crimes, such as fraud and money laundering; and how to prevent and sanction such crimes. The typical motivations and conduct of the various actors engaging in corruption are also highlighted, as well as ten case studies.
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Table of Contents
Executive Summary
Introduction
Part I. Analysis of Corruption in Public Procurement
Chapter 1. Public Procurement Rules, Procedures and Practices
Chapter 2. Vulnerabilities Relating to Project Size, Sector, or Tendering Administration
Chapter 3. Links to Other Offenses
Part II. Analysis of the Actors Engaging in Bribery and Typical Corruption Agreements
Chapter 4. Parties Involved in Bribery
Chapter 5. Content of the Bribery Agreements
Part III. Preventing, Detecting, and Sanctioning Bribery in Public Procurement
Chapter 6. Preventive Measures
Chapter 7. Controls
Chapter 8. Detection Mechanisms
Chapter 9. Investigation and Sanctions
Part IV. Ten Anonymous Studies on Bribery in Public Procurement
Template for the Description of the Cases of Bribery in Public Procurement
I. A senior civil servant and a subcontractor from another state
II. Bribery relating to public procurement within a local authority
III. Bribery related to procurements within an international aid organisation
IV. Fraudulent bid evaluation by an independent consultant in international limited bidding
V. Award of a consultancy contract to fellow national in exchange for briges
VI. Susceptibility of international bidders to influence bidding and coercion in bid tendering
VII. Collusive bidding and overpricing in international shopping/inernational price quotations
VIII. Preferential treatment in exchange for gratuities and family member employment
IX. Bribes in exchange for rewarding contracts
X. Bribes from contractor to increase quantity of work
Annex A. The OECD Anti-Bribery Instruments: How They Address Public Procurement
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Video
Ten years after the OECD Anti-Bribery Convention entered into force, OECD legal expert Nicola Bonucci talks about its impact and the challenges ahead in the fight against corruption.
Interview with Nicola Bonucci
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The OECD fights corruption
