Transcript Document

Integrity: Vendor’s Role
Christian Laverdure
Senior Director
Policy, Risk, Integrity and Strategic Management Sector
Acquisitions Branch
Public Works and Government Services Canada
September 14-16, 2011
Santiago, Chile
Multilateral Meeting on Government Procurement III
Table of Contents
1.
2.
3.
4.
5.
6.
7.
Overview
Background
Internal and External Drivers
The Past
The Present
The Future
Discussion
2
Overview
• The Government of Canada
• Public Works and Government Services
- Acquisitions focus
• Are we getting value for money?
• Industry is not out to get us
• But what are they doing to enhance
integrity?
3
Background
Examined internal and external drivers that have had
an affect on vendor’s integrity – what are the triggers?
Stakeholders: Canadian Public, Government,
Parliament, Private sector, para-public groups and
media
Governance: Acts, Regulations, policies, departmental
policies, internal manuals and guidelines
4
The Pendulum
• The “Tipping Point” in the Canadian context
• Compliance (Risk Aversion)
versus
Flexibility / Efficiency (Risk Mgmt)
• Not more regulations but more oversight
5
Balances competing interests for
the public good
Legislation,
Regulations, Policies
Socio-economic
considerations
• Small and Medium
Enterprises
• Industrial and Regional
Benefits
• Green
• Aboriginal set-aside
• Innovation
Competitiveness
 Fair, open
and transparent
 Best value
to taxpayers
Canadian Values
6
The Drivers
• Internal: internal audits and findings,
irregularities, less money, focus on value for
Canadians and value for money
• External: over billing, excessive profit, bid
rigging, vendor performance
7
The Past
• Cost
and Price Analysis
• Cost Audit
• Standard Clauses and Conditions
http://ccua-sacc.tpsgc-pwgsc.gc.ca/pub/acho-eng.jsp
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The Present
Add to that:
• The Federal Accountability Act
http://www.tbs-sct.gc.ca/faa-lfi/index-eng.asp
• Vendors’ Code of Conduct
http://www.tpsgc-pwgsc.gc.ca/app-acq/cndt-cndct/conduite-conduct-eng.html
• Perception of Bid Rigging issues (administrative reviews)
• Increased media attention (and Access to Information)
• Increased public awareness (value for money)
• Vendor Performance Policy
http://www.tpsgc-pwgsc.gc.ca/app-acq/arp-pns/ap11r2-pn11r2-eng.html
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• Commissioner of Lobbying of Canada
Vendors’ Role
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•
•
•
Associations role (peer pressure)
Standards (ISO)
Subcontractors (supply chain)
Whistleblowers
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The Future
• More reliance on internal controls
• Stronger use of external audits, verifications,
assurance programs
• Learning from our mistakes
• Let the industry tell us how to self-regulate
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Discussion
• What’s the right balance?
• How do we ensure vendor integrity while not
driving away the private sector and still
expecting the best value?
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Questions?
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Legislative and Regulatory Framework
Legislative Authority
Department of Public Works and Government
Services Act (1996)
Establishes powers of the Minister for:
Trade Agreements Act
• World Trade Organization’s Agreement
on Government Procurement
Implementation Act (January 1, 1996)
• Acquisition of Services and Construction
• North American Free Trade Agreement
Implementation Act (January 1, 1994)
• Planning and organizing the provision of
goods and services for departments
• Agreement on Internal Trade
Implementation Act (July 1, 1995)
• Acquisition of Goods
Statutes
Defence Production Act (1951)
• Provides the Minister “Exclusive authority”
to acquire defence
supplies/construction/projects
Federal Accountability Act (2006)
Office of the Procurement Ombudsman
(2008)
Also introduced the code of conduct for
Procurement (2007)
Financial Administration Act (1952)
Government Contracting Regulations
• Canada-Peru Trade Agreement Act
(August 1, 2009)
• Canada-Chile (April 5, 1997)
Modern Treaties
Comprehensive Land Claims Agreements
• 23 Comprehensive Land Claims Agreements
in effect (20 with contracting obligations)
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