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What Is Public Procurement Definitional Problems A PDF
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INTRODUCTION
Is public procurement a profession? To many practitioners and
academics, the question remains unanswered. Does it really matter
weather a government employee is called a purchasing agent, buyer, or
procurement professional? Why is it so critical to have an agreed upon
public procurement body of knowledge (PPBOK), when all these
individuals do is buy things? Aren’t these matters for academic pursuit
rather than substantive discourse about what these individuals do in
organizations, and how through professionalization these individuals
could significantly enhance the allocation of resources in government?
Unfortunately, without an agreed upon body of knowledge, the
development of education and training programs will result in further
degradation of the field. According to Gargan (1993), a body of
knowledge is a conceptual framework that is systematized about a central
------------------------
* Clifford P. McCue, Ph.D., is an Associate Professor, School of Public
Administration, Florida Atlantic University. His research interest is in public
finance, budgeting, and procurement. Robert E. Lloyd, CPCM, is Director,
Policy Division, Office of the Procurement Executive, U.S. Department of State.
His research interest is public procurement economics and human factors; the
views are solely the authors’ and do not necessarily represent those of the U.S.
Government.
2 LLOYD & MCCUE
Smith and Lynch (2003, p. 35) suggest that terms can be defined in
two ways: by relying on common usage or by creating a definition for
intellectual or conceptual purposes. We will consider both methods as
we review the literature and current practices in an effort to provide a
baseline of common understanding.
LEGAL DEFINITIONS
Public procurement is one of the most highly legislated and regulated
fields of government. In the U.S., legislation on this subject dates back
to 1777 (Nagle 1999, p. 19). As a result, no survey of public
procurement definitions would be complete without a review of the laws
and regulations governing its conduct.
Federal Government
In 1984, the U.S. Government converted to a new system of
regulations governing how Federal agencies buy things. The former
Federal Procurement Regulations and Defense Acquisition Regulation
(which was known as the Armed Services Procurement Regulation until
1976), along with the NASA Procurement Regulation, were combined
into a new set of rules called the Federal Acquisition Regulation (FAR).
There was a deliberate attempt to replace the term “procurement” with
“acquisition,” in part to distinguish the new rules from the old, as noted
in the following excerpt from the FAR (Section 2.101, Definitions):
"Acquisition" means the acquiring by contract with appropriated
funds of supplies or services (including construction) by and for
the use of the Federal Government through purchase or lease,
whether the supplies or services are already in existence or must
be created, developed, demonstrated, and evaluated. Acquisition
begins at the point when agency needs are established and
includes the description of requirements to satisfy agency needs,
solicitation and selection of sources, award of contracts, contract
financing, contract performance, contract administration, and
those technical and management functions directly related to the
process of fulfilling agency needs by contract. "Procurement"
(see "acquisition").”
Although the term “procurement” has generally fallen into disfavor
at the U.S. Federal level, it still persists in several forms. For example,
the office responsible for Government-wide policy remains the “Office
4 LLOYD & MCCUE
International Perspective
The Agreement on Government Procurement of the World Trade
Organization, now agreed to by 29 nations (Arrowsmith 2003, p. 439),
does not provide an explicit definition of public procurement but
contains 24 Articles that address the buying process, primarily through
contract award, to the exclusion of other related supply management
functions (http://www.wto.org/english/docs_e/legal_e/gpr-94_01_e.htm
#articleI). Although space will not permit a complete survey of other
nations, an example can be provided here briefly to make a point. In
Canada, the following brief definition is used in the Treasury Board
Contracting Policy for Federal contracts:
procurement (acquisition) - the function of obtaining goods and
services and carrying out construction and leasing through
contractual arrangements.” (http://www.tbs-sct.gc.ca/pubs_pol/
dcgpubs/Contracting/contractingpol_a_e.asp#p)
This reflects the sort of functional or process-based definition that is
commonly found in the U.S. as well.
A NOTE ON TERMINOLOGY:
PROFESSIONAL ASSOCIATIONS AND JOURNALS
To illustrate the lack of a common terminology throughout public
procurement, the dominant professional associations for buyers who
work for government organizations are the National Institute of
Governmental Purchasing (NIGP), the National Contract Management
Association (NCMA), and the National Association of State
Procurement Officials (NASPO) [emphasis added throughout this
section]. Members of these organizations arguably all do the same kind
of work. Yet even the organizations that pride themselves on promoting
professionalism in the buying community cannot agree on the name of
the profession.
Periodicals issues by various organizations involved in the field
likewise reflect the diversity of terms for the buying done by
8 LLOYD & MCCUE
Workload-Based Definition
Another approach to defining public procurement is to examine what
public procurement practitioners actually do on a daily basis. Recent
surveys and analyses (such as McCue and Gianakis 2001) provide insight
into the breadth and scope of public procurement. Public procurement
officials spend most of their time on the following major tasks: handling
procurement requests, soliciting and evaluating bids and proposals,
performing supplier analysis, negotiating, and contract award and
administration.
10 LLOYD & MCCUE
Organization-Based Definition
If we define public procurement organizationally, that is, by
describing what public procurement offices are responsible for, we find
the broadest variations at the state and local government level. While
some states like Arizona have central procurement offices organized
strictly for buying activities, (http://sporas.ad.state.az.us/Directory/
index.htm), others include post-procurement functions. For example, the
state of Michigan’s Acquisition Services Staff includes a logistics
division handling inventories, storekeeping, and surplus property
WHAT IS PUBLIC PROCUREMENT? DEFINITIONAL PROBLEMS AND IMPLICATIONS 13
(http://www.michigan.gov/doingbusiness/0,1607,7-146--23718--,00).
Likewise, the Division of Purchasing for the state of Delaware includes
both surplus property and food distribution among its assignments
(http://www.state.de.us/ purchase/html/contact_our_employees.htm).
In both large and small local government jurisdictions, public
procurement tends to include more responsibilities related to the “post-
procurement” function as described below. For example:
• The Purchasing Department in Palm Beach County, Florida includes
the “Stores/Warehouse” manager and a storekeeper for “Couriers &
Mailroom” (http://www.co.palm-beach.fl.us/pur/staff.htm).
• The Bureau of Purchases of the City of Baltimore, Maryland
includes a Surplus Property and Supply Management Division as
well as a Printing and Reprographic Services Division
(http://www.ci.baltimore.md.us/government/finance/purchasesgoal.h
tml#org).
• The city of Oakland, California’s Purchasing Division “provides
inventory control, storage and handling of materials; liquidates
surplus property; operates a shipping and receiving function; tracks
receipt, handling and disposal of hazardous wastes; and operates a
delivery system for small parcels, interdepartmental mail, firehouse
and police supplies, and library book exchange”
(http://www.oaklandnet.com/government/b_and_f1/purchasing/purc
hasing.html).
• Prince George’s County, Maryland, has a Contract Administration
and Procurement Division whose duties include central receiving,
warehousing, and delivery; asset management; inventory control;
and surplus property disposal
(http://www.goprincegeorgescounty.com/Government/AgencyIndex/
CentralServices/capd.asp?h=40&s=20&n=20).
• Allegheny County, Pennsylvania has a Division of Purchasing and
Supplies that includes an accounts payable staff and an inventory
control function
(http://www.county.allegheny.pa.us/purchasing/org.asp).
• The Cobb County, Georgia Purchasing Department handles surplus
property sales in addition to traditional procurement actions
(http://www.cobbcounty.org/purchasing/index.htm).
14 LLOYD & MCCUE
• Execute.
The dominance of the model of public procurement as business is such
that there is no specific mention of a contract in this list. The trend, at
least at the U.S. Federal level, is toward a more general view of public
procurement as a business function. FAI (2003b, p. 5) cites the success
of competency-based workforce programs in the private sector as part of
its justification for using this methodology in the public sector. The
tendency is thus to view public procurement in a more generic sense as a
field requiring common business skills, as opposed to just specialized
knowledge of specific rules. In fact, the capabilities listed by FAI bear a
striking resemblance to the Executive Core Qualifications issued by the
U.S. Office of Personnel Management (2004, p. 9) for the Senior
Executive Service corps of top leaders in any field.
The business model for public procurement has not been without its
critics. Schooner (2003) points out many of the problems with this
approach. Krappe’ and Kallayil (2003) note that private sector
purchasing practices are inadequate and poorly managed in many
respects. For example, they report that interviews of over 100 companies
revealed that 81% of firms surveyed reported a concern with simply
finding their own contracts (Krappe’ and Kallayil 2003, p. 3). Further,
the use of public procurement itself as a tool of government has come
under fire. As noted in a recent empirical study (O’Toole and Meier
2004, p. 350), data in at least one area of public procurement (public
education) indicate that “contracting expands to consume the
administrative resources available for its generation and management,”
and can lead to more spending but fewer results.
• Inventory control
• Warehousing
• Surplus property sales
The National Purchasing Institute (2004) in the U.S. gives additional
points to procurement organizations applying for the Achievement of
Excellence in Procurement award for state and local governments if they
conduct Internet auctions of surplus property and if the purchasing
organization maintains the inventory/warehouse system rather than
another organization within the government. NASPO (1999, p. 2) adopts
the “before” functions but not the “after” functions, stating that public
procurement’s role should be “embracing the entire procurement process
from the initial identification of need through termination of a contract.”
Federal acquisition excludes the “after” functions, as noted in the
statutory definitions above.
An illustration of a particular problem for practitioners in defining
public procurement revolves around the task of defining requirements or
determining what the government needs before the contracting process
begins. There are at least three good reasons to include this task within
the definition of public procurement, including:
• encouraging public procurement officials to take responsibility for
the entire contract, not just the contracting process or the contract
clauses;
• promoting better cooperation and working relationships among
contracting and customer offices; and
• enhancing the knowledge of the buyer, under the theory that one who
knows the item being bought can make a better buy.
There are also at least three good reasons not to include specification
writing as part of a definition of public procurement, such as:
• lack of internal control that may exist if the same person defines the
requirement, makes the purchase, inspects the work, and authorizes
payment;
• inadequate technical knowledge on the part of the procurement
official that is not likely to be obtained in a reasonable amount of
time (such as engineering projects); and
22 LLOYD & MCCUE
IMPLICATIONS
The differences found in the public procurement field regarding
terminology and practices have some key implications. These range
from the practical effect of the definition, in term of duties to be assigned
to those in the public procurement field, to determining training needs,
building skill sets sufficient to accommodate changing occupational
needs, and ultimately to building a commonly agreed upon body of
knowledge.
For example, if the definition of public procurement includes spend
analysis, then resources must be devoted to building capacity in the
workforce to accomplish this critical task, or the purpose of the definition
will be frustrated. Another critical area is competitive sourcing, or
public-private competition. The organizational placement of this task
across U.S. Federal agencies has varied from assigning it to the
Procurement Executive’s office (Department of State) to the Chief
Financial Officer (Department of Housing and Urban Development) to
creating new organizations reporting directly to top management
(Internal Revenue Service), even though the program is about jobs and
should arguably be placed in the human resources arena. As the scope of
public procurement expands, it may run into areas such as competitive
sourcing that feature a highly charged political climate which
procurement staffs may not wish to or be equipped to handle.
To be effective, a definition of public procurement should be widely
recognized, easily understood, reflect common practice, and above all be
realistic. To say that the public procurement professional should be a
“business leader,” without analyzing the resources, skills, and
interpersonal dynamics that such an approach demands is to offer little
24 LLOYD & MCCUE
improvement over the current situation in which each jurisdiction has its
own view and little cross-organizational sharing occurs.
A broad definition of public procurement can benefit the profession
by expanding its influence and enhancing its capacity to produce better
contracts and thereby improve government programs. Expanding the
boundaries of public procurement has disadvantages as well, especially
in times of lean budgets. Assigning ancillary duties such as warehousing
and surplus property sales can detract from the core functions of a public
procurement office.
Conversely, a narrower definition of public procurement has the
advantage of allowing practitioners to focus their efforts, manage needed
training effectively, and promote specialization and greater expertise.
The disadvantages of the narrower view include the fact that it may
“pigeonhole” practitioners and prevent their learning new skills and
gaining greater job enrichment. Also, if public procurement’s scope is
too isolated, it risks being left out of the broader discussions of budgetary
matters that could benefit public procurement from early involvement in
shaping acquisition strategies for the better.
CONCLUSION
We conclude this paper without answering our own question posed
in the title, as we do not offer a definition of public procurement. To do
so could give perspectives ranging from trying to define the indefinable
or reminding us of what we already know, and many variations in
between. Our goal instead has been to stimulate discussion and debate
on this subject by pointing out key features of the public procurement
landscape concerning the nature and role of the profession and to
highlight the value of commonly understood terminology. Essential
questions such as “What is the proper role of the public procurement
professional?” and “What should public procurement do?” are worthy of
debate, as we explore whether the definition of public procurement is a
product of aspiration or practical application. As we have shown, the
lexicon of public procurement is varied, and there are multiple
approaches to describing the work that public procurement officials
perform, although the core duties arguably remain the same. Problems
produced by definitional uncertainty and ambiguity can include
miscommunications, difficulties in creating a trained workforce, lack of
professional recognition, and a severely underutilized workforce.
WHAT IS PUBLIC PROCUREMENT? DEFINITIONAL PROBLEMS AND IMPLICATIONS 25
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