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Saroj Koul*
Jindal Global Business School,
OP Jindal Global University,
NCR of Delhi 131001, India
Email: skoul@jgu.edu.in
*Corresponding author
Rakesh Verma
Department of Decision Sciences and Information Systems,
National Institute of Industrial Engineering (NITIE),
Vihar Lake, Mumbai, Maharashtra 400087, India
Email: rakeshverma@nitie.edu
Reference to this paper should be made as follows: Koul, S., Kumar, U.,
Kumar, V. and Verma, R. (2017) ‘Mapping public procurement practices in
India’, Int. J. Knowledge Management Studies, Vol. 8, Nos. 1/2,
pp.99–114.
1 Introduction
The Government of India (GoI) is increasingly recognising the importance of the public
procurement (PP) function as a “strategic tool for the socio-economic development of the
country”. It has, starting in 2012, initiated several reforms to make its PP align with
relevant best practices. Experiences gained from several international and regional PP
systems are being used to inform the policies and procedures to be used for the
development of an integrated and centralised PP system.
Progress in India’s economic growth because of business confidence, and the GoI’s
commitment to reduce red tape, eradicate corruption and increase investments in
infrastructure development, has led the Organization for Economic Cooperation and
Development (OECD) to project India’s gross domestic product (GDP) to increase to
7.9% in 2016 (OECD, 2014). Massive public and private investments are expected to be
both a cause and a consequence of economic growth during the current decade.
Investment, as measured by Gross Domestic Capital Formation, is expected to increase to
41.3% of GDP during 2020 (Dun & Bradstreet’s India 2020 Economy Outlook, 2011).
Governments and state-owned enterprises are the biggest spenders of public funds.
Public expenditure refers to expenses incurred by the governments at the central, state
and local levels. This is required for the upkeep of the government, for the security of the
nation, and for the socio-economic well-being of the people. Government spending on
public services in developing countries generally ranges between 15 and 20% of the GDP
and is almost 50% of the expenditure by the government (UN Commission on
International Trade Law [UNCITRAL], 2012). Moreover, the amount of government
expenditure spent on obtaining goods and services through PP has been steadily
increasing.
India’s annual PP ranges from 20 to 30% of its GDP and is estimated at over US$300
billion as per CUTS-Centre for International Trade, Economics & Environment (CUTS-
CITEE, 2014). In ministries, such as, Ministry of Defence, Ministry of Railways or
Ministry of Telecommunication, 50% of the total budget is spent on PP (India: Probity in
Public Procurement, 2013). These massive outlays create opportunities for implementing
national policies and for positively impacting the economy, but unfortunately, are
vulnerable to mismanagement, fraud and corruption. Consequently, the PP function needs
to be well managed, and implemented transparently and efficiently.
Although, PP has gained increasing attention during the last decade (Knight et al.,
2003), and continues to be an indispensable instrument for achieving economic and
social goals (McCrudden, 2004), PP practitioners face challenges mostly imposed by
factors such as that of the market, legal, political, organisational and socio-economic
conditions (Osei-Tsutu, 2011). Additionally, many officials (internal experts) frequently
bypass the procuring department (McCue and Pitzer, 2000).
Remedying these problems requires implementation of clear procedures and
standards to provide decision makers with objective information regarding performance
of the procurement function. Given the magnitude of spending involved, even small
efficiencies realized in PP operations can release large financial resources. McKinsey
study by Dobbs et al. (2013) indicates that if countries incorporated the best PP practices
the total infrastructure spending could possibly be reduced by almost 40%. Citing India
as an example, a 10% saving would mean a release of US$30 billion per year, which
could be used for further development efforts. Implementation of a procurement policy
which provides long-term support to Small and Medium Enterprises, injects money into
102 S. Koul et al.
the economy, sustains employment, and can help shape a more inclusive national
economic growth (Dobbs et al., 2013).
Allen and Tommasi (2001), state, each countries national budget is the single most
important policy vehicle for giving effect to a country’s economic and social priorities
within the scarce resources that are available to government for public expenditure. In
India, the ‘estimate-of-expenditures’, in the form of the budget document, is submitted
for parliamentary approval every year (GoI/Article 112: The Constitution of India, 1949).
This document classifies expenses under various categories for purposes of accounting,
financial management and better reporting. The introduction of Public Procurement Bill
in the Parliament of India, in 2012, and the GoI’s commitment to rollout the Government
e-procurement system (GePNIC) motivates the two-fold focus of this paper:
1 Investigate the status of PP activity in India.
2 Identify benchmarking practices in line with recent international studies including
the pilot World Bank (2015) benchmarking study.
This paper opted use of selected public domain articles for investigating the status of PP
in India and use of recent international studies. The remaining paper is set out as follows:
Section 2 introduces public e-procurement and reviews some successful applications by
governments around the world. Section 3 summarises PP policies, guidelines and the
commitment of GoI. Section 4 summarises recommendations presented in recent
benchmarking studies. Finally, Section 5 concludes the research work and includes
recommendations for improving public e-procurement in India, and identifies future
research scope.
2 Survey of PP
Public procurement is defined as, the purchase of goods and services by governments and
state-owned enterprises. It encompasses a sequence of related activities starting with the
assessment of needs through awards to contract management and final payment
(Gershon, 1999). Arrowsmith (1995) denotes PP as government’s activity of purchasing
the goods and services needed to carry out its functions.
Public procurement policies and procedures impact a countries economic efficiency.
The objective of a PP system is to serve the public by identifying sources of supplies,
within the acceptable limits of quality and at the low-cost potential price. PP follows a set
of prescribed procedures and processes that have evolved from various laws and
directives, and administrative or political decisions. Regulatory objectives determine the
principles of PP which include:
1 Transparency: this ensures that prospective participants understand the actual
processes by which contracts are awarded.
2 Responsiveness: this obliges PP to respond to the aspirations of its stakeholders
including the citizens, electorate, taxpayers, elected officials and procurement
officials.
3 Professionalism: this enjoins the PP officials to do what is promised and to avoid
improper, wasteful or corrupt and collusive practices.
Mapping public procurement practices in India 103
3 PP in India
Public procurement in India, aims to fulfil objectives such as: maximize public welfare by
providing quality services and products, maximize growth opportunities for the private
sector and ensure efficient spending of government money (Sinha, 2009). India’s PP
policy, which seeks to ensure transparency, equality and fairness, and that public funds
not be wasted or misused is supported strongly by the judiciary. For example, the
Supreme Court of India in the Erusian Equipment and Chemicals Limited vs. State
Government of West Bengal case (Ray, 1975) emphasised the entitlement to equal
treatment of those who offer tenders or quotations for the purchase of goods. It also
reiterated that procurement policies be fair, transparent, non-discriminatory and non-
arbitrary and that the courts in future would safeguard any such transgression.
In 2006, the GoI issued guidelines to all ministries and internal departments for
procurement of all Goods, Works and Services. This was done to endorse transparency
and to remove arbitrariness in the system, and to encourage competition. Key aspects of
the guidelines were that:
1 The tender document should be user-friendly, self-contained and unambiguous.
Terminology used should be such as in common parlance in the industry.
2 The eligibility criteria (past performance, financial position, technical capability)
should be specified, as should the procedure for preparing and submitting the
tenders; and deadline for submission; date, time and place for public opening of
tenders.
3 Parameters for determining responsiveness; tenders evaluating and ranking of
tenders and criteria for acceptance should be clearly stated in the tender documents.
4 Any condition which was not incorporated in the tender document should not be
considered while evaluating the tenders.
5 Negotiation with tenderers is severely discouraged.
6 The name of the successful tenderer should be informed to the general public
7 Every effort should be made to conclude the contract within the original validity of
the tenders without the need for extension (CUTS-CITEE, 2012).
106 S. Koul et al.
Apart from the GoI, the other major public purchasing departments are the GoI’s
Directorate General of Supplies and Disposals (DGS&D) department, the Ministry of
Defense, the Ministry of Railways and the Central Public Sector Enterprises (CPSEs).
The DGS&D buys on behalf of the country’s 29 States and 7 Union Territory
governments. As on 1 January, 2015 the value of orders placed by DGS&D was nearly
US$700 million with 989 registered vendors (DGS&D, 2015). Similarly, the Ministry of
Railways procurement is valued at US$6.7 billion (Indian Railways, Annual Report for
2013-14). CPSEs, which are largely owned by the government, also make large
procurements to meet their requirements. The gross investment for FY 2013-14 was
US$274.16 billion (Department of Public Enterprises [DPE] Survey for 2013-14).
Additionally, various Ministries/Departments, District Authorities and the Local Bodies
also perform PP. Other government bodies that engage in PP include Indian embassies in
foreign countries, public sector banks, legislative branch and judiciary, both at the Centre
and State.
Public procurement practitioners in every country face challenges that stem from the
economic, social, cultural and political environment that are unique to each country
(Thai, 2004). These internal challenges range from interference from other departments,
to shortage of funds. External challenges result from factors such as the markets in which
they operate, legal and political set-ups, organisational and socio-economic factors. These
challenges can be addressed by using benchmarks for improving PP (Sanchez-Rodrigues
et al., 2003) and achieving effective progress and reforms (Tudor, 2005).
In India, a country-wide attempt at implementing a public e-procurement system is
underway. A patchwork of existing regional PP systems is now evolving into a robust
national system which is being driven by a legislative framework. However, significant
challenges exist. The fact that PP generates huge financial flows makes is vulnerable to
fraud, corruption and political influence. The technical challenges include transitioning
from legacy to digital system, procurement ambience in the country and ensuring security
of the procurement data and online transactions. The resistance to change, lack of
technical standardisation and lack of user training also hamper full use of e-procurement.
For example, requiring digital signatures could create a barrier in the absence of widely
accepted standards for digital signatures.
Based upon the factors that have emerged from the PP studies investigated, and
mapped as mentioned in Sections 2–4, some suggestions for improving public
e-procurement in India are listed below:
110 S. Koul et al.
6 Conclusion
Public procurement plays a broad social and political role apart from its economic role.
Its stated goals are to achieve public confidence in the procurement process, improve the
efficiency and effectiveness of the public monies being spent, and to retain consistency
with other national policies World Bank (2015). These goals, often, are not in full
harmony, because practicing PP is a highly complex endeavour which is susceptible to
multiple pressures. Nevertheless, GoI can use its huge purchasing power and use PP as a
strategic tool to promote sound social, industrial and environmental policies, and to
catalyse more inclusive growth. Even small improvements in PP functioning can bring
benefits in the form of economic-safety and well-being of the citizens. Furthermore,
reporting on the efficiency gains can strengthen the role played by PP towards good
Mapping public procurement practices in India 111
governance in the country. As a limitation, the study has not been able to scale the recent
initiative of public e-procurement in fully meeting the developmental, social and
environmental goals. This is anticipated to be taken up as future research.
Acknowledgements
The authors would like to acknowledge the helpful comments made by the Journal’s
editors and the three anonymous reviewers that have made the paper more systematic and
instructive.
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