Proceedings of Annual Switzerland Business Research Conference 12 - 13 October 2015, Novotel Geneva Centre, Geneva, Switzerland ISBN: 978-1-922069-86-3 Using Stakeholder Accountability to Combat Corruption in Public Procurement in a Developing Country Mehran Sepehri1 and Mohsen Ghadiri2 This research is an attempt to shift from the Legal discourse to an organizational – managerial account of what is being enforced in Iranian Public Sector and how to improve Corruption through Accountability of Stakeholders, using grounded theory analysis of in-depth interviews with top managers. Despite the difficulties of coordinating interviews with the Governmental organizations which, as expected, were not inclined to be the case of a research on corruption, three organizations which have been involved in a lot of Public Procurement contracts, were selected and meticulously examined to verify their main challenges in curbing corruption. Area: Contemporary Issues in Management 1. Introduction Public procurement, one of the largest areas of public spending worldwide, gives public officials wide discretion. It is unsurprising that it is also one of the government functions most often vulnerable to corruption. According to TI 2014 CPI report, Iran is still one of the most corrupt countries in the world. Legal and Managerial measures have not been of significant effect in improving the standards of Integrity in Iran. This is the case in Public Procurement, which is a major government expense. The Organization for Economic Co-operation and Development defines public procurement “as the purchasing, hiring or obtaining by any other contractual means of goods, construction works and services by the public sector” (OECD, 2013). Public procurement represents a considerable part of national GDP. A recent study reports that it accounts for 12.8% of GDP (and 29% of total government expenditure) on average across OECD countries, from 12% in Greece to 45% in the Netherlands. Corruption in public procurement is distinct from corruption in other government functions due to the involvement of different actors, specific regulatory environment, and extensive room for discretion in decision making. More than ever before, firms must provide evidence of their adherence to ethical principles and guidelines. Firms listed on either New York Stock Exchange or the Nasdaq, moreover, are required to adopt and to disclose publicly their ethical codes of conduct (Paine et al., 2005). Every year huge sums of taxpayers’ money are spent by governments on goods and services. From building airports and stadiums to buying computers for schools and medicines for hospitals, projects are high value, complex and important. Because corruption is a covert activity, it is notoriously hard to measure. But corruption in public 1 Dr. Mehran Sepehri, Associate Professor, Graduate School of Management, Sharif University of Technology, Azadi Street, Tehran, Iran, Phone: +9821-66022755, Fax: +9821-66022759, Email : sepehri@sharif.edu 2 Mr. Mohsen Ghadiri, Ph.D. student, Graduate School of Management, Sharif University of Technology, Azadi Street, Tehran, Iran, Phone: +9821-66022755, Fax: +9821-66022759, Email : ghadirimohsen@gmail.com Proceedings of Annual Switzerland Business Research Conference 12 - 13 October 2015, Novotel Geneva Centre, Geneva, Switzerland ISBN: 978-1-922069-86-3 procurement isn’t just about money. It also reduces the quality of work or services, and it can cost lives. People in many countries have paid a terrible personal price for collapsed buildings and counterfeit medicines. At the end result, our trust in our leaders is eroded. The management of competing stakeholder interests has emerged as a significant topic in the management literature (Freeman, 1999). One central concern to the ongoing social responsibility debate is whether organizations pursue the satisfaction of stakeholder interests for economic reasons or simply because doing so has intrinsic merit (Donaldson & Preston, 1995). The intrinsic stakeholder commitment model, rests on the assumptions that firms have a normative (moral) commitment to advance stakeholder interests, which shapes firm strategy and influences financial performance. The stakeholder commitment, or accountability, is proposed as the central idea in public procurement, which can curb corruption and improve the health of procurement outcomes in public organizations. The qualitative research here aims to discover the elements and factors in stakeholder accountability and public procurement processes, by using grounded theory and thematic analysis methods. In-depth interviews with top managers in selected organizations are used to gather rich qualitative information. 2. Public Procurement ISO 10845-1 (2010) defines procurement as the "process which creates, manages and fulfills contracts relating to the provision of goods and services, engineering and construction works, or disposals". Public procurement, because of its nature and size, has a significant impact on social and economic development of a developing country (Arrowsmith, 1995). Its basic requirements are: Fair: The process of offer and acceptance is conducted impartially without bias and provides participating parties simultaneous and timely access to the same information. Terms and conditions for performing the work do not unfairly prejudice the interests of the parties. Equitable: The only grounds for not awarding a contract to a tenderer who complies with all requirements are restrictions from doing business with the employer, lack of capability or capacity, legal impediments and conflicts of interest. Transparent: The procurement process and criteria upon which decisions are to be made shall be publicized. Decisions (award and intermediate) are made publicly available together with reasons for those decisions. It is possible to verify that criteria were applied. The requirements of procurement documents are presented in a clear, unambiguous, comprehensive and understandable manner. Competitive: The system provides for appropriate levels of competition to ensure costeffective and best value outcomes. Cost-effective: The processes, procedures and methods are standardized with sufficient flexibility to attain best value outcomes in respect of quality, timing and price, and the least resources to effectively manage and control procurement processes. Proceedings of Annual Switzerland Business Research Conference 12 - 13 October 2015, Novotel Geneva Centre, Geneva, Switzerland ISBN: 978-1-922069-86-3 Promotion of other objectives: The system may incorporate measures to promote objectives associated with a secondary procurement policy subject to qualified tenderers not being excluded and deliverables or evaluation criteria being measurable, quantifiable and monitored for compliance. Academically, public procurement is a neglected area of study even though governmental entities and public procurement practitioners diligently worked to improve public procurement practices (Thai, 2001). Perception of corruption and the actual corruption in public procurement remains high. 3. Stakeholder Accountability In governance ethics, accountability is answerability, blameworthiness, liability, and expectation of account-giving (Dykstra, 1939). In leadership role, accountability is acknowledgment and assumption of responsibility for actions, products, decisions, and policies including administration, governance, and implementation within the scope of the role or employment position and encompassing the obligation to report, explain and be answerable for resulting consequences (Williams, 2006). An organization has both informal and formal accountability to stakeholders, and through them, to the public. Organization accountability takes three main forms: 1. Consultation and communication (informal) through regular contact with primary stakeholders, transparent working methods and regular reporting procedures; 2. Performance accountability (formal) through the submission of activity reports on an annual basis, or after every major electoral event, and performance audits and evaluations to the legislature or government and other stakeholders; and 3. Financial accountability (formal), which entails the regular submission of financial statements and audits to the legislature or government, among others, to explain how the funds allocated to the EMB have been used. 4. Literature Review Ethical Climate Theory (ECT) represented a descriptive map of ethical decision making and actions within an organization based on philosophical and sociological theory (Victor and Cullen, 1987). Corruption in government procurement programs is a perennial problem. Dean Neu, et al. (2015) showed the value of internal controls in government departments in constraining individuals and promoting ethical conduct. The supply side severely limits the possibilities of preventing corruption. Neu et al. (2015) examined the role of internal controls and monitoring practices in corrupt contexts and how these controls and practices shape the ethics and moral of organization actors. Their paper proposed that effective anti-corruption practices depended upon an understanding and analysis of the practices and politics of visibility, and that effective ‘luminous arrangements’ had the potential to discourage corrupt practices and influence ethics within organizations, thus reducing the extend of future corruptive practices. Proceedings of Annual Switzerland Business Research Conference 12 - 13 October 2015, Novotel Geneva Centre, Geneva, Switzerland ISBN: 978-1-922069-86-3 In many developing countries, public procurement is not viewed as a strategic impact in management of public resources (Hunja, 2003). It was treated as a process-oriented, “back- office” support function often implemented by non-professional staff of the buying agencies. Consequently, little effort was expended to ensure that the policies and rules and the institutional framework governing the procurement system were maintained in a manner that ensured that public funds were used in the most efficient and economical way and that the system delivered the best value for money. Auriol (2006) studied capture and extortion in public purchase, showing Capture yields a dead-weight loss while Extortion does not. Strausz (1998) showed that under asymmetric information it is optimal to tolerate some corruption. Quayle (1998) in an empirical examination of the impact of procurement strategy on corporate performance in UK identified a lack of cross departmental dialogue on strategic procurement. Establishing framework agreements involves on-going commitment leadership. 5. Methodology A qualitative research methodology, such as case studies and depth interviews, can be particularly appropriate during the early stages of investigation of a phenomenon, and can be used for the purposes of description (Yin, 1994), theory generation (Eisenhardt, 1989), and to develop rich insights that may be difficult to initially gain through the use of other research methodologies. Further, Miles and Huberman (1994) contend that a multiple case study approach allows the researcher to reach a deeper understanding of a phenomenon and to test to a greater extent the boundaries of their initial findings, and allowing the creation of a richer theoretical framework (Ellram, 1996). Traditional research designs usually rely on an extensive literature review leading to the formation of a hypothesis. This hypothesis is then put to the test by experimentation in the real world. On the other hand, Grounded Theory (GT) investigates the actualities in the real world and analyses the data with no preconceived hypothesis (Glaser & Strauss, 1967). Data collection is usually but not exclusively by interviews. Analysis of interview data in qualitative research tends to result in descriptions of an interpretive view of the events, whereas GT data analysis involves searching out the concepts behind the actualities by looking for codes, then concepts and finally categories. The following diagram, Figure 1, summarizes the elements inserted and responded to in public procurement in order to curb corruption. The key theme is potential responsibility towards stakeholders leading to stakeholders' accountability. Several levels of responsibility are identified and extended. Various challenges, including both internal and external challenges, in public procurement are recognized. Various key stakeholders are then listed and reviewed. Such conceptual model is utilized to guide the in-depth interviews and extract the results. Various feedbacks may be directed to previous stages. Proceedings of Annual Switzerland Business Research Conference 12 - 13 October 2015, Novotel Geneva Centre, Geneva, Switzerland ISBN: 978-1-922069-86-3 Figure 1, elements inserted and responded to in public procurement to curb corruption Action Research has become increasingly prominent among the organizational scientists. Unlike most research methods action research embraces change. Other research methods study and understand existing organizational and social structures. The action researcher seeks to create organizational change and study the results (Baburoglu and Ravn, 1992). This is an interventionist approach that encourages social experimentation. Indeed they would go further in proposing that this method could be used normatively to create the future that we want to live in. In the last part of this research, changes are proposed and investigated in the processes awaiting consequence results. 6. Early Results From several available cases, 3 companies were chosen for in-depth interviews about the procurement practices. The companies were public, with a separate procurement department, handling more than 500 procurement cases, and following public procurement practices. They paid attention to corruption cases and were successful in handling corruption complaints. Several top managers were interviewed, which were coded and categorized, in each company. At the end, 3 main themes were recognized: Theme 1: Total Weakness and Failure in Organizational Communication. Accountability Challenges: Increase in vagueness and hesitance due to management fear of large data. Process Challenges: Changing initial phases to a secure corner in informal communication network. Weakening of professional and objective approaches in phases of competition and implementation. Solutions for key stakeholders: Proceedings of Annual Switzerland Business Research Conference 12 - 13 October 2015, Novotel Geneva Centre, Geneva, Switzerland ISBN: 978-1-922069-86-3 Users: Classification of security of confidential data. Increase the roles and responsibilities of managers and professionals to classify technical and confidential information. Managers: Definition of formal and regular times and periods for accountability through the media by managers, auditors, and project procurement managers. Professionals: Direct participation of managers and professionals in media accountability, depending on the subject and the scope of public project procurements. Media and Activists: Define formal accountability time for managers and professionals. Judicial Observers: Define formal accountability time for managers and professionals. Cross-Organization Observers: Define formal and regular of accountability time for managers and professionals. Gradual enforcement of corruption evaluation through managers and professionals. Government: Enforce corruption evaluation, dedicated media for public procurement. Theme 2: Management – Leadership Imbalance in Public Procurement System. Accountability Challenges: Defining points of accountability and responsibility based on management interests and organizational readiness. Sensitivity to information access with risks and need for reward Process Challenges: Starting risk control from initial to closing. Purposeful and risk averse access to information in strategic decision making. Enforcement of judicial solutions to regular accountability. Solutions for key stakeholders: Users: Classification of security levels of confidential data. Increasing role of professionals to classify technical and confidential information. Managers: Changing management evaluations to independent legal & professional ones. Professionals: Changing internal professional evaluations to external evaluation audits. Media and Activists: Increase access by media to initial proposals and their evaluations. Judicial Observers: Changing internal professional evaluations to external evaluations. Cross-Organization Observers: Changing internal professional audits to external audits. Government: Increase control authority to obtain & announce base price for various items. Theme 3: Financial Apathy in Rentier-State Procurement System. Accountability Challenges: Defining all responsibilities to accomplish organizational and financial goals. Providing gradual access to information considering security and financial issues. Process Challenges: Providing simple and meaningful information to achieve budget flexibility. Make decision for final selection of supplier with cooperation conditions with procurement bidding winner. Solutions for key stakeholders: Users: Separate evaluation of initial needs assessment from subsequent assessments. Managers: Receive direct & dedicated reports from managers on project competitiveness. Professionals: Encourage policies to reveal information on waste & diversion of resources. Proceedings of Annual Switzerland Business Research Conference 12 - 13 October 2015, Novotel Geneva Centre, Geneva, Switzerland ISBN: 978-1-922069-86-3 Judicial Observers: Receive direct and dedicated needs/decisions consistencies reports. Cross-Organization Observers: Receive direct and dedicated reports on competitiveness. Government: Consider directed needs assessment as a waste of resources & corruption. 7. Conclusions Public procurement is prone to many types of corruptions, and worse to perception of corruption by the public. Thus, procurement procedures should be subject to many scrutiny and examination solutions to various stakeholders. This study uses qualitative research to extract challenges and alternative course of actions to increase stakeholder accountability and reduce corruption in public procurement in Iran government funded public projects. We selected 3 organizations, which had many public projects with various possible deficiencies in their procurement procedures. From in-depth and detailed interviews with their key officials, which were coded using grounded and thematic analysis, various subjects and themes were extracted. Then, for each theme and each key stakeholder, we discussed and devised related alternative and solutions to increase stakeholder accountability and reduce overall likelihood of corruption. References Arrowsmith, S. (1995). Public procurement as an instrument of policy and the implementation of market liberalization. Law Quarterly Review , 235–284. Auriol, E., 2006. Corruption in Procurement and Public Purchase, International Journal of Industrial Organization, 24(5), 867–885. 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