Maintaining ethics and integrity in public procurement

A few weeks ago, I sought to remind my colleagues and the general public of the ethical responsibility of procurement officers and recently had the opportunity to facilitate an “Ethics in Procurement” seminar at the University of The Bahamas to a number of private and public sector procurement officers.

We were able to share incidents that occurred in the workplace that were unethical, particularly in the area of contract awards — all that unfortunately occur too often.

Recently, there have been a lot of discussions about the award of contracts and again as a professional in the procurement field, I am duty bound to educate my colleagues and the public at large on this issue.

So today I write about the contract award processes because if they are not done in a fair, competitive and transparent manner, it could become extremely controversial and an embarrassing situation.

The goal of public procurement is to award timely and cost effective contracts to qualified contractors, suppliers and service providers for the provision of goods, services and infrastructure works to support government and public services operations.

The first and most important duty of a procurement officer of any government ministry, department or agency when seeking bids is to ensure that all procurement opportunities are published electronically or by newspaper ads in order to promote competition and transparency.

The Public Procurement Act 2023 states at section 36 (1) a and b that a notice of invitation to bid or invitation to prequalify in a bidding process, (hereinafter referred to as a procurement notice) shall be published in one or more national newspapers of wide circulation to reach sufficient bidders to ensure effective competition; and published on the electronic procurement system, we know as Bahamas Bonfire.

These officers are to play an intricate role in the planning, selection, evaluation and awarding of bids because they often possess critical context about supplier interactions and specific requirements of the goods, works or services being requested and should not be left out of the contract award process.

Further, one should be very mindful of the Public Procurement Act as it pertains to high value contracts as the act clearly states in section 18 (1) (C) where the estimated value of a proposed procurement contract is more than $2.5 million, the tender committee shall forward to the board the recommendation for award together with all necessary documentation and subsequent thereto the board shall make a recommendation to the Cabinet and seek the approval thereof.

If a procurement officer has factual information that a contract awarded to a vendor was not transparent, fair and competitive, or if the bidding process was averted other than for an emergency, he is duty bound to remind and advise his superiors of the necessary clauses in the Public Procurement Act in order that he may not be complicit in any wrongdoing.

This is vital in correcting the process if it was flawed and even prohibiting any action that could lead to corruption or legal action from those who could have been potential bidders, particularly if the award was a direct award not in accordance to section 22(1) of the Procurement Act, as it could be viewed as null and void.

Let me warn you that if you see something and say or write something, this may not always be welcomed, as Sebastian Bals, CPO at Merck Group, highlighted in the CIPS Futures podcast, boldness isn’t a trait you see in job descriptions too often, but its power shouldn’t be underestimated.

As Bals notes, the “existential crisis” that procurement is facing today (in terms of its role and influence), is the perfect breeding ground to be bold. “If you want to move an entire organization, you need to be bold in your thinking.”

At a practical level, being bold or brave can translate to simple things like directly asking to be invited to meetings you’re not normally part of, which could benefit your role or by speaking up for yourself and your functional area, as well as celebrating your successes — actions that help you raise your profile and communicate the power of procurement more.

So during my lectures to the first cohort of the public procurement course at the university, I would say to them that despite your honorable actions of trying to save the reputation of your ministry or the government, you may be labeled as the troublemaker or one going against the grain and may suffer from more egregious acts from intolerant, petty people with immense authority and power who would wish for a contract to be awarded contrary to the Procurement Act.

They can deny you a well-deserved promotion, transfer you to another ministry without you requesting it or even cancel a work contract.

Former President of the United States Joe Biden made these remarks in his January 15, 2025 farewell speech: “We must not be bullied into sacrificing the future, the future of our children and our grandchildren. We must keep pushing forward and push faster. There is no time to waste”.

These powerful people are not tolerant. As an article published in a Nassau Guardian editorial on March 25, 2024 entitled “Promoting Tolerance” stated, “Here in The Bahamas, intolerance is among factors at the core of longstanding conflicts, divisions and actions that disregard another’s humanity and is often rooted in fear, insecurities and lack of information. Being tolerant is being willing to allow an individual to be who one is and believe what one wishes without seeking to hurt or cause harm to come to that individual – even if you do not like his or her perspective or lawful lifestyle choices.”

You will find that there are certain individuals who are of the belief or assumption that they are not subject to the Public Procurement Act that govern us, all because of power, influence, status or personal agenda.

No matter what your position is in government, accountability requires anyone involved in the public procurement process to be responsible for their actions and decisions related to the process.

As public servants, procurement practitioners, and others involved in public procurement and contract administration, you are accountable and should be exposed to sanctions as a consequence for any behavior that contravenes the Public Procurement Act.

You also have an obligation to report and answer to a designated oversight entity, and the public, on the consequences of your actions and decisions.

Romans 13:1-2 states, “Every person is to be in subjection to the governing authorities. For there is no authority except from God, and those which exist are established by God. Therefore, whoever resists authority has opposed the ordinance of God; and they who have opposed will receive condemnation upon themselves.”

References: Lynch T., Jorge A., Public Procurement and Contract Administration.

• Daniel Ferguson, FCIPS, retired chief petty officer, RBDF, lead investigator 2004 Lorequin Commission of Inquiry, a former chief supplies officer of the Ministry Health, procurement consultant of the Ministry of Finance, adjunct facilitator on Public Procurement at the University of The Bahamas and former component coordinator for the IDB sponsored Public Financial Management Reform Project, in particular the Public Procurement Reform. He led the drafting team for the development of the Public Procurement Act 2021, Public Procurement Regulations assisted with the creation of the University of The Bahamas professional procurement officers training framework and managed the development of the e-Procurement Supplier Registry. He is a chartered member of the Chartered Institute of Procurement and Supply with over 25 years of experience in Public Procurement. He was the Caribbean’s representative to the International Network of Public Procurement Officers for the years 2019-2021. A network supported by both the Organization of American States, Caribbean Development Bank and the Inter-American Development Bank. Recipient of the 2024 National Heroes Medal, Companion of Merit.