measures for identifying and reducing fraud and corruption...
TRANSCRIPT
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Measures for Identifying and Reducing Fraud and
Corruption Risks in Public Procurement
OLAF.D.2 – Fraud Prevention, Reporting and Analysis Unit
Lisbon – 17 September 2015
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Costs of corruption
Public procurement = about 20% GDP in the EU
(2010: € 2.4 trillion)
Scope of the study: 8 Member States and 5 sectors
Direct cost of corruption <2.9% , 4.4%> value of procurement published in OJ
OR
Between EUR 1 470 million and EUR 2 247 million
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Clean projects Corrupt/grey projects
Average loss attributable to corruption: 13%
5% loss 18% loss
Costs of corruption
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Direct costs of corruption in public procurement
Sector
Direct costs of corruption
(in million EUR)
% of the overall procurement value
in the sector
in the 8 Member States
Road & rail 488 –755 1.9 % to 2.9%
Water & waste 27 –38 1.8% to 2.5%
Urban/utility construction 830 - 1 141 4.8% to 6.6%
Training 26 –86 4.7 % to 15.9%
Research & Development 99 –228 1.7% to 3.9%
Table: costs of corruption by sector (Source: PwC)
Costs of corruption
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Types of corrupt practices
Bid rigging
Kickbacks
Conflict of interest
Other – including deliberate mismanagement/ignorance
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Type of corruption by sector
Sector Bid rigging Kickbacks Conflict
of interest Deliberate
mismanagement
Urban/utility construction 19 14 11 3
Road & Rail 10 8 4 1
Water & Waste 15 6 3 0
Training 1 3 2 1
Research & Development 12 4 2 0
Total* 57 35 22 5
Type of corruption by Member State
Member State Bid rigging Kickbacks Conflict
of interest Deliberate
mismanagement
France 6 3 5 1
Hungary 9 2 4 0
Italy 12 3 4 0
Lithuania 11 2 1 1
Netherlands 0 0 1 0
Poland 10 6 2 1
Romania 4 8 4 1
Spain 5 11 1 1
Total* 57 35 22 5
Table: types of corruption identified (Source: PwC)
Types of corruption - analysis
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Public Procurement in Portugal = 2.14% of GDP (2011)
General perception of corruption: 90% of Portuguese respondents says it is widespread (EU average: 76%)
78% of the Portuguese businesses state that corruption is widespread in public procurement managed by national authorities (one of the highest in the EU, average: 56%)
68% of businesses in Portugal (the second highest percentage in the EU) see corruption as an obstacle for doing business in their country (EU average: 43%)
76% (the highest percentage in the EU) stated that the only way to succeed in business is through political connections (EU average: 47%)
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Portugal in the reports
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Portugal in the reports
Percentage of the respondents whose companies participated in public tenders for in period 2010-2013 perceived below listed practices as widespread:
72% reported specifications tailor-made for particular companies
63% observed abuse of negotiated procedures
67% noted conflicts of interest in the evaluation of the bids
65% reported collusive bidding
68% found selection or evaluation criteria unclear
2013 Eurobarometer business survey on corruption
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Reactions
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Red flags are:
Warning signals, hints, indicators of possible fraud
The existence of a red flag does not mean that fraud exists but that a certain area of activity needs extra attention to exclude or confirm potential fraud.
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Fraud prevention tools – Red flags
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Rigged specification:
only one or abnormally low number of bidders respond to request for bids;
similarity between specifications and winning contractor’s product or services;
complaints from other bidders;
specifications are significantly narrower or broader than similar previous requests for bids;
unusual or unreasonable specifications;
the buyer defines an item using brand name rather than generic description.
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Fraud prevention tools – Red flags
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Collusive bidding:
winning bid is too high compared to cost estimates, published price lists, similar works or services or industry averages and fair market prices;
persistent high prices by all bidders;
bid prices drop when new bidder enters the competition;
rotation of winning bidders by region, job, type of work;
losing bidders hired as subcontractors;
unusual bid patterns (e.g. the bids are exact percentage apart, winning bid just under threshold of acceptable prices, exactly at budget price, too high, too close, too far apart, round numbers, incomplete, etc.);
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Fraud prevention tools – Red flags
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Conflict of interests:
unexplained or unusual favouritism of a particular contractor or seller;
continued acceptance of high priced, low quality work etc.;
contracting employee fails to file or complete conflict of interest declaration;
contracting employee declines promotion to a non-procurement position;
contracting employee appears to conduct side business.
close socialisation between a contracting employee and service or product provider;
unexplained or sudden increase in wealth by the contracting employee;
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Fraud prevention tools – Red flags
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Manipulation of bids:
complaints from bidders;
poor controls and inadequate bidding procedures;
indications of changes to bids after reception;
bids voided for errors;
a qualified bidder disqualified for questionable reasons;
job not re-bid even though fewer than the minimum number of
bids were received.
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Fraud prevention tools – Red flags
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Split purchase:
two or more consecutive, related procurements from the same contractor just under competitive bidding or upper level review thresholds;
unjustified separation of purchases, e.g. separate contracts for labour and materials, each of which is below bidding thresholds;
sequential purchases just under the thresholds
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Fraud prevention tools – Red flags
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Reactions
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1. Detection of forged Documents in the field of structural actions. A practical guide for managing authorities.
2. Identification of conflict of interests in public procurement procedures in the field of structural actions.
Access to the practical guidance is restricted to Member States' staff. They can be found on SFC 2007.
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Fraud prevention tools – Practical guides
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Fraud prevention tools – Practical guides
1. Handbook on the role of auditors in fraud prevention and detection.
2. Guidelines on the National Anti-Fraud Strategies.
Developed under the umbrella of the COCOLAF subgroup;
By a working group of 11 and 8 Member States' experts;
Directed and coordinated by the Fraud prevention, reporting and analysis unit in OLAF (unit D.2);
Status: not legally binding; supporting Audit Authorities;
Both documents will soon be available in all languages on SFC 2014.
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Discussion
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Thank you for your participation!
Mateusz Chylarecki – Policy Analyst
OLAF.D.2 – Fraud Prevention, Reporting and Analysis Unit
OLAF - European Anti-Fraud Office European Commission
Rue Joseph II 30 B–1049 Brussels
http://ec.europa.eu/anti_fraud
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