|
UNDERSTANDING THE INCREMENTAL
NATURE OF
E-PROCUREMENT IMPLEMENTATION AT THE STATE AND LOCAL LEVELS
Susan A. MacManus
Department of Government & International Affairs
University of South Florida
For
Journal of Public Procurement
(will appear in 2002)
____________________________
ABSTRACT:
Government's e-procurement system has not
caught on as rapidly as has e-Bay! This article examines
the slow implementation rate of public e-procurement systems.
It challenges the notion that efficiency gains alone can
entice governments to leave traditional procurement systems
and principles behind. Four traditional procurement principles
are reexamined to see whether they are deterrents to e-commerce:
(1) low bid wins and that's a must; (2) separation between
the vendor and user is desirable to avoid claims of favoritism;
(3) fixed price and fixed term contracts are best for government;
and (4) open access is absolutely imperative in all situations.
The jury is still out as to whether the new commerce is
contingent upon a reformulation of these principles.
UNDERSTANDING THE INCREMENTAL NATURE
OF
E-PROCUREMENT IMPLEMENTATION AT THE STATE AND LOCAL LEVELS
INTRODUCTION
Many in both the public and private sectors have expressed
high hopes for a surge in electronic purchasing or "e-procurement"
for several years now. For example, in January 2001, Gary
Lambert of Buysense.com predicted a sharp increase following
pressure from both sectors and from the taxpayers:
Online procurement is on the 'edge of exploding.' I think
it's really going to become a political agenda item very
soon for a lot of public officials, whether it's a government-to-citizen
sort of relationship that will drive it or whether it's
the business community putting pressure on legislators and
governors to offer them a more effective way to do business.
The appeal of e-procurement to both the
public and private sectors is the expectation of improved
efficiency:
Nearly everyone recognizes the Internet's
vast potential to remake government. Since the dawn of the
Web, public officials have promoted the notion that online
transactions between agencies and their constituents and
business partners will spark huge gains in government efficiency
and user-friendliness (Towns, 2001:27).
The bottom line is that many inside and outside
government wish more public sector e-procurement systems
were in place to bring buyers and sellers together as quickly
and easily as via "e-Bay." To date, this has not
yet happened. "Should it have?" is the question.
Different Expectations
When the "e-revolution" first began,
some expected it to rapidly spread across the entire governmental
landscape-national, state, and local. Such expectations
were based, at least in part, on the sharp rate of Internet
use by individuals (Weiss, 2001:54) and businesses.
Others were a bit more cautious from the
start, well aware of a historical distrust between the public
and private sectors (MacManus, 1992; Sinclair, 2000) and/or
of the incremental nature of public policy implementation,
especially in a very complex inter- and intra-governmental
organizational system (Peters, 1999, chapter 5).
Key Questions Surrounding Slow Pace of
E-Procurement
Is patience a virtue or is the slow pace
of the "e-revolution" proof of government's inefficiency
and ineptitude? Do differences in the roles, responsibilities,
and "customers" of government and business account
for the incrementalism? And must traditional definitions
of "good purchasing practices" be updated for
the e-procurement revolution to be successful?
Focus of the Article
This article examines the implementation rate of public
e-procurement systems and policies, primarily at the state
and local levels. It challenges the notion that efficiency
gains alone are enough to prompt governments at the grassroots
to jump on the high tech bandwagon. (Effectiveness and equity
outcomes are also extremely important.) The research also
highlights some of the major reasons for the slow pace of
implementation. Finally, it discusses some major changes
in "the philosophy of purchasing" that some believe
must occur if the e-procurement revolution is to succeed.
INVOLVEMENT IN ELECTRONIC COMMERCE OFTEN
OVER-STATED
Many governments are proud to report they
are engaged in "e-commerce." For example, 67%
of the government agencies responding to a February 2001
National Institute of Governmental Purchasing (NIGP) survey
claimed to be using some form of electronic commerce. Among
those that were not, 84% projected they would be within
a short period of time. Likewise, a 2001 survey of the states
revealed that 70% (35 of 50) purported to have an automated
centralized procurement system (National Association of
State Procurement Officials--NASPO, 2001:110).
The fact is that many state and local governments
somewhat overstate the degree to which they are involved
in e-commerce and, more specifically, in e-procurement.
Data from the 2001 NIGP and NASPO surveys prove the point.
(See Tables 1 and 2.)
Table 1
E-Procurement Tools in Place: 2001 NIGP Survey
|
Specific
E-Commerce Purchasing Tool
|
Govts.
Currently Using
%
|
Govts. Interested in Using
%
|
|
Order
goods/services via electronic catalogs
|
68
|
80
|
|
Post
solicitations electronically
|
62
|
79
|
|
Solicit
informal bids electronically
|
48
|
70
|
|
Solicit
formal bids electronically
|
37
|
57
|
|
Post
bid results electronically
|
37
|
62
|
|
Receive
informal bids electronically
|
34
|
55
|
|
Make
payments to vendors electronically
|
24
|
34
|
|
Transmit
purchase orders electronically
|
21
|
52
|
|
Receive
formal bids electronically
|
5
|
30
|
|
|
|
|
Source: National Institute of Governmental Purchasing, February
2001.
Table 2
|
Specific
Procurement Tool
|
# of States Implemented as of 2001
|
% of States Implemented as of 2001
|
|
Automated
procurement system in central
procurement office
|
35
|
70
|
|
Vendors
automatically purged
|
12
|
24
|
|
Vendors
automatically selected
|
20
|
40
|
|
Bid/RFP
notice via E-mail
|
16
|
8
|
|
Track
vendor performance: vendor notes screen
|
14
|
28
|
|
Track
vendor performance: vendor performance
Screen
|
15
|
30
|
|
Track
vendor performance: linked vendor notes and
performance screens
|
7
|
14
|
|
Invitation
to Bid templates available
|
25
|
50
|
|
Standard
terms and conditions language available for
use in an Invitation to Bid
|
30
|
60
|
|
Invitation
to Bid downloadable
|
27
|
54
|
|
System
can handle sealed bids
|
8
|
16
|
|
Terms
and conditions can be copied to purchase
orders and contracts
|
28
|
56
|
|
Purchase
order can be printed at remote location
|
28
|
56
|
|
Online
requisitioning from agency customers
|
29
|
58
|
|
Capability
for Electronic routing and approvals
|
24
|
48
|
|
Purchasing
process milestones or timelines
Documented
|
14
|
28
|
|
Provide
lead-time analysis
|
11
|
22
|
|
Record
and prompt pending actions
|
15
|
30
|
|
Commodity
code capability
|
32
|
64
|
|
Forms
downloadable
|
17
|
34
|
|
Support
on-line receiving
|
15
|
30
|
|
Provide
integrated electronic commerce
|
11
|
22
|
|
Support
delegated authority
|
20
|
40
|
|
System
integrated with an asset management system
|
9
|
18
|
National Association of State
Procurement Officials, 2001.
Reverting to Viewing "Procurement"
& "Purchasing" as Synonymous
When responding to surveys, it is obvious
that many governments (and businesses) report they have
"e-procurement" systems in place when, in fact,
what they have in place more closely resembles "e-purchasing."
The two terms are not synonymous, although in the rush to
prove one's government or business is part of the e-commerce
revolution they have often been treated as such-a somewhat
retrogressive view.
Over the past two decades, professional groups
like NIGP have spent much energy trying to delineate the
difference between procurement and purchasing. The Dictionary
of Purchasing Terms (NIGP, 1996:64) defines procurement
as "the combined functions of purchasing, inventory
control, traffic and transportation, receiving and inspection,
storekeeping, and salvage and disposal operations."
Purchasing has been more narrowly defined as: "the
act and the function of responsibility for the acquisition
of equipment, materials, supplies, and services. [Purchasing]
describes determining the need, selecting the supplier,
arriving at a fair and reasonable price and terms, preparing
the contract or purchase order, and following up to ensure
timely delivery" (NIGP, 1996:68).
More recently, some attempts have been made
to contrast traditional procurement with e-procurement.
Mitchell (2000:9) makes this distinction:
Traditional procurement is a paper-based
process that is characterized by fragmented purchasing,
off-contract buying, and lack of control over expenditures
.E-procurement
facilitates, integrates, and streamlines the entire supply
chain process (from consumer to supplier and back again)
in a seamless, real-time, and iterative manner.
During the late 1980s and early 1990s, many
state and local governments revamped their budgeting and
financial management systems in response to declining revenues
and major fiscal stress (cf. Mikesell, 1999; MacManus, 1990;
Pammer, 1990). Privatization and/or contracting out became
a key coping strategy (cf. Savas, 1987). Governments began
to look more closely at the organization and responsibilities
of, and the personnel within, purchasing shops (Thai and
Grimm, 2000).
The reinventing government/performance measurement "revolution"
of the 1990s continued the call for improved, and more integrated,
financial management systems linking inputs with outputs
(cf. Osborne and Gaebler, 1992; Osborne and Plastrik, 1987;
Mikesell, 1999). Suddenly, in addition to striving for improved
efficiency, governments were focusing almost equally on
the other two vitally important "e's"-effectiveness
and equity. Professional training became far more sophisticated-and
complex (cf. Gordon, Zemansky, and Sekwat, 2000; Thai and
Grimm, 2000; Callender and Matthews, 2000).
What does this have to do with implementation
of e-procurement in the public sector? To date, those driving
e-procurement the hardest have come from the private sector.
They see the Internet as the best vehicle for "B-2-B"
and "B-2-G" (business-to-business; business-to-government)
buying-and-selling relationships-more e-purchasing than
e-procurement. Their "bottom line" goal is bigger
profits via improved efficiency while their counterparts
in the public sector are keenly interested in effectiveness
and equity as well. The policies needed to ensure the latter
two are often the most difficult to enact. Why? Because
effectiveness and equity tend to be the focal points of
litigation aimed at the public sector (MacManus, 1994).
They are also the genesis of high profile constituent demands
and intense media scrutiny.
The general tendency of governments has been
to focus first on the technology needed for e-commerce,
then to address public policy and organizational issues
later. One analyst has stated the problem succinctly: "Often,
e-government is embarked upon from a purely technological
perspective. As a result, initiatives are started in a haphazard
fashion
It must be understood that e-government consists
of three distinct parts: policy, people, and infrastructure"
(Robb, 2001:48).
The private sector has also come under attack
for a focusing too narrowly on the technology-and using
a rather narrow definition of procurement. An analysis by
KPMG Consulting (2001:1) concluded: "There has been
considerable confusion in the marketplace about how these
tools [online procurement] should be appropriately applied.
In part, this has been the product of market hype and over-ambitious
planning, but it has also resulted from a leap toward perceived
technology panaceas without paying attention to fundamental
purchasing practices" (emphasis added by author).
MAJOR REASONS FOR IMPLEMENTING E-PROCUREMENT
Why the rush? Those already in the "e-game"
point to time and money savings (efficiencies) as the biggest
reasons (McKay, 2000a:48). Eighty-five percent of the 2001
NIGP survey respondents mention "time savings"
while 75% cite "reduction in costs." Similar results
surfaced in a Forrester Research, Inc. survey of 35 state
and local government purchasing directors. Respondents claimed
that by using the Internet to purchase, 54% lowered paper/printing
costs, 49% saved postage/mailing costs, and 43% experienced
quicker response/turnaround time (Sharrard, 2001:5).
Initially, many expected the e-revolution
to greatly improve the entire bidding process. A white paper
titled Buying Smart: Blueprint For Action (NASPO et. al.,1998:1)
released in the late 1990s by a joint task force of state
organizations predicted reforms would help "keep pace
with advancements in technology to not only procure products
but distribute bids in an equally expedient fashion
to
provide procurement methods that assure customers of receiving
leading-edge information-technology products and services
in a timely and cost-effective manner" (emphasis added
by author). The white paper did not, however, put a time
line on how long it would take to put these reforms in place.
No Generally-Accepted "One
Size Fits All" Practices
Implementing e-procurement has been difficult
(cf. Newcombe, 2001). The route has been "challenging
and replete with forks in the road," says one analyst
describing the experiences of Los Angeles County and several
other state and local governments (McKay, 2001a:46). So
what's the problem? It is the absence of generally-accepted
practices, says the L.A. County acquisition manager (in
McKay, 2001a:46): "There's nothing that's really fallen
into place as an accepted standard across the industry.
There are no magic bullets."
The existence of the more than 86,000 local
governments of varying sizes and functional responsibilities
makes it difficult to generate "one size fits all"
standards. This means that governments first do what can
be done most easily without having to undergo major policy
and procedure revisions. It has been easiest to focus on
purchasing commodities rather than services. In a survey
of city and county governments by the International City/County
Management Association (ICMA) and Public Technology, Inc.
(PTI) in the fall of 2000, 53% acknowledged making purchases
online, while just 14% say they have contracted for services
with an e-government vendor. (The survey defined e-procurement
as "buying or selling products over the Internet"-the
narrower view.)
WHY THE SLOW RATE OF IMPLEMENTATION? AND IS IT A BAD THING?
There are a number of explanations for the
seemingly slow pace of e-procurement. Many of these are
indicative of public-private sector differences, political
and legal realities, and the complex web of intergovernmental
relations within a state.
Public-Private Sector Differences
Governments must "promote the general
welfare of all the people." Simply put, efficiency
cannot be the sole goal of government procurement. As noted
in the report on e-procurement by Miami-Dade County, Florida
(2000:10):
Unlike private sector procurement, public
sector procurement must work within regulations and policies
established to accomplish desirable social as well as economic
goals. Public sector procurement emphasizes inclusiveness
and broad competition instead of using a small number of
suppliers with whom a trusted relationship has been established
(emphasis added by author).
One of the most serious inclusiveness issues
facing government procurement offices today is the minority
business owners digital divide. "As many businesses
tap the promise of the Internet, minority entrepreneurs
[many small business owners] are struggling to harness the
power of computers, information technology and e-commerce"
(Dallas Morning News, November 16, 2000). According to data
from the U.S. Commerce Department's Minority Business Development
Agency for the year 2000, around half of all minority-owned
firms participate in e-commerce (Latino-42%; African-American,
56%; Asian-American, 49%; American Indian-54%). However,
only a few have Web sites (Latino-13%; African-American,
11%; Asian-American-12%; and American Indian-10%). As more
communities become racially/ethnically diverse, political
pressures to improve the equity of public sector contracting
intensify and bring more actors into the e-procurement implementation
game.
The reinventing government movement, the
growing reliance on public-private partnerships, and the
emphasis on strengthening the role of state and local governments
has blurred the lines distinguishing the public from the
private sector. As noted by Peters (1999:118-119): "The
increasing emphasis on the use of the private sector to
achieve public purposes [such as in devising e-procurement
systems] means that implementation is increasingly being
performed by private groups as well as by subnational governments."
And the more actors involved, the more time delay in implementation.
A History of "Suspicious Minds"
Historically, the public and private sectors
have somewhat mistrusted each other. It is no different
with e-procurement. Such stereotypes have contributed to
the slow pace of implementation.
Business complaints
about government. The rap against government
being slow to change is nothing new. Businesses have always
complained that government lags behind the private sector
in virtually every aspect of financial management-purchasing
new technology, revising processes and procedures, training
and retraining employees, and paying vendors (Hunter, 2000;
Miami-Dade County, 2000; MacManus, 1992). The same complaints
have been leveled against government "e-procurement"
(Wyld, 2000).
Business also criticizes state and local
governments for being slow to implement federally-mandated
policies. (Nothing is new here!) Most recently, businesses
have pointed to NIGP 2001 survey numbers confirming that
65% of the governmental entities responding do not yet recognize
electronic signatures in spite of passage of the Electronic
Signatures Global and National Commerce Act in 2000. The
2001 NASPO survey of states also revealed that 46% had not
yet enacted a digital signature law. (Also see Blocker,
2001.)
On the other hand, governments complain that
the federal legislation was far too general and yielded
few specifics about electronic, or digital, signatures.
Others in government are concerned about privacy and liability
issues associated with digital signatures. (See McKay, 2001c.)
Some in the private sector fault governments
for their failure to engage in strategic planning, particularly
of an intra-governmental, inter-agency nature (Hunter, 2000).
Their beef is that governments going online do so in a haphazard
way. The result is a slow implementation rate and a procurement
function that is not well integrated with the overall financial
management system.
The links between e-procurement and budgeting
and auditing (especially of subcontractors) have been noticeably
weak or missing for quite some time. The 2001 NIGP survey
verified the shortcoming. Just 17% of the governmental entities
using some aspect of e-commerce say they have integrated
it with their financial system.
Government complaints
about business. Governments complain that businesses
vary considerably in their technological sophistication
(McKay, 2001a; Newcombe, 2001). Another problem from governments'
perspective is that some businesses are less interested
in selling to the public sector than others. Stereotypes
and bad experiences linger.
Both situations have made it more difficult
to attract vendors than many e-procurement enthusiasts initially
anticipated. "The problem was that getting suppliers
interested enough in the system to convert their paper catalogs
to electronic ones was considerably more difficult than
imagined; an e-procurement system devoid of suppliers is
like a grocery store without groceries" (McKay, 2001b:72).
The lack of interest and enthusiasm up front,
especially of small businesses, makes state and local governments
less willing to aggressively move toward full-blown e-procurement
systems. A March 2001 study by Jupiter Research concluded
that: "[Most procurement managers] see little advantage
in moving online, in part because their existing suppliers
are not there" (cited in Newcombe, 2001:2). Nearly
half of those surveyed said they "would do less than
20% of their procurements online for at least the next two
years" (Newcombe, 2001:2).
Governments see flaws in much of the e-procurement
software heretofore developed by the private sector for
use by the public sector. The software does not adequately
track savings or performance. This shortcoming has surfaced
in auction settings where online competition can effectively
reduce the price of goods. Such data are also vital in measuring
contractor performance, an increasingly important indicator
as more governments shift to high value pricing over low
bids (Gordon, 2001).
An example of the central role that performance
measurement plays in procurement can be found in The Commonwealth
of Massachusetts Procurement Policies and Procedures Handbook
(NASPO/NASIRE Joint Task Force on Information Technology
Reform,1996:10-11). A successful procurement system is one
which:
- Is driven by results or outcomes. (emphasis added by
author)
- Generates the best quality economic value.
- Is timely.
- Minimizes the burden on administrative resources.
- Expedites simple or routine purchases.
- Allows flexibility in developing alternative procurement
and business relationships.
- Encourages competition.
- Encourages the continued participation of quality vendors.
- Supports Commonwealth and Department plans.
Finally, governments complain that businesses
do not fully appreciate the role that social and political
factors play in the world of public policy-making.
Expertise & Staff Shortages; Organizational Roadblocks
Any successful policy redirection involves
people. The skills and attitudes of employees and the organizational
structure and culture in which they work greatly affect
implementation (Peters, 1999). Change comes slow. Money
is often tight and the civil service system entrenched,
thereby making it more difficult for governments to hire
individuals with requisite technical and/or communication
skills.
The inadequacy of technology/Web staff has
been a problem for many governments (67% of the respondents
to the ICMA/PTI survey). Putting an adequate retraining
program in place is no piece of cake either. The costs of
retraining employees-measured in dollars, time, and energy-are
high. New ways of doing business are often resented and
resisted by employees unless there is a considerable effort
to educate them. As noted by Newcombe (2001:2): "Buyers
[governments] are not going to use an e-procurement system
just because it's a better solution. It requires education
and training to make them feel comfortable, and that takes
an awful lot of energy." It requires a "People-centric"
perspective (Mitchell, 2000:11).
It is always more difficult to implement
staff-based solutions during periods of economic downturn
(Sherrard, 2001). During such periods, training is often
one of the first activities to be sliced by the budget knife.
And major capital investments, such as new computer equipment,
are often put on hold. This is the situation facing many
state and local governments in the early 2000s.
Slow Implementation a "Bad"
Thing?
Opinions are somewhat divided as to whether the slow implementation
of e-procurement has been good or bad. Some believe that
slow implementation of e-procurement, especially among local
governments, is actually a good thing. Indicative of this
viewpoint is the comment that it is wise for local government
to "let the states and feds with greater financial
resources blow their money for awhile in the effort to prove
out eProcurement for government" (Sharrard, 2001:19).
Others are equally convinced that delays
are "penny wise and pound foolish." They firmly
believe that foot-dragging results in major political and
economic damage. It reinforces the notion that government
is run inefficiently and has its hands tied by the status
quo preferences of bureaucrats. A July 2001 report by Forrester
Research, Inc. confirms that in 37% of the state and local
governments surveyed, organizational inflexibility has been
a barrier to moving purchasing online (Sherrard, 2001:5).
There appears to be more consensus on the need to reexamine
the wisdom of certain traditional procurement principles.
FOUR PURCHASING "PRINCIPLES" THAT ARE UNDER CHALLENGE
Procurement professionals have just begun
discussing the possibility of different organizational and
regulatory paradigms. Four long-standing procurement principles,
which are currently being debated, are discussed below.
Low Bid Wins
This may be the most difficult "principle"
to change (cf. Mahtesian, 1994). For years, the public has
constantly been taught that competitive bidding reduces
the price of goods and services and that the price is best
reduced when the low bid wins.
The underlying assumption of the low bid
wins philosophy is that efficiency is the primary goal of
contracting for goods and services. However, in the wake
of the 1990s-the reinventing government, total quality management
(TQM), and performance-based budgeting era-governments have
been forced to acknowledge that effectiveness and equity
are equally important goals.
The emphasis on reinventing government and
improving performance during the 1990s (Ashbaugh, 2001)
led to the development of the "best value" contract.
A NASPO white paper (1998:3) defines "best value"
as "a process for selecting the most advantageous offer
by evaluating and comparing all relevant factors in addition
to cost or price so that the overall combination that best
services the interest of the state [or local government]
is selected."
The awarding of best value-based contracts
is more subjective, and thus more likely to yield lawsuits
related to fairness. But purchasing professionals increasingly
see it as the only way to meet all three "e" goals
of governance-efficiency, effectiveness, and equity.
Separation Between the Vendor and User
For years, governmental purchasing agencies
have worked hard to keep vendors and line agency personnel
(the users or customers) as far apart as possible to avoid
the appearance of favoritism and conflicts of interest.
This "purchasing principle" was first called into
question by the decentralization trend observed in many
states and localities (NASPO, 2001; Gianakis and Wang, 2000;
McCue and Pitzer, 2000). More recently it has been challenged
by new technology that better informs both vendors and governments
about who needs what and by the principle of supply-chain
management (NASPO, 1999).
Supply-chain management involves "tracking
the movement of and demand for components used to manufacture
a product across a variety of potential and actual suppliers,
otherwise known as the supply chain" (Hamilton, 2001:
R6). For this to occur, the role of the central purchasing
office must be changed and more interaction between user
(agency) and supplier (business) permitted:
When contracts are created, central procurement
should play less of a gate keeper role and become more of
a facilitator of relationships between the client agencies
and suppliers through cross-functional work teams (NASPO,
1999:3).
Hanging on to the old notion that there should be little
or no contact between user and supplier has contributed
to the initial failure of e-commerce in some jurisdictions.
"Too often, e-government initiatives run aground
due
to a lack of regard for the end users, either through failure
to consult them during the design and implementation phases
or through inadequate training on new technology" (Robb,
2001:48).
More contact between actual customers inside
government and vendors on the outside is imperative if one
wants to enhance competition by broadening the vendor pool.
Surveys of firms that have never had a government contract
find that the most common reason is the "difficulty
in making contact with the actual user of their firm's products
or services" (MacManus, 1992:163).
Increasingly, private sector procurement system software
vendors under contract with a government are permitted to
locate some of their employees at the agency, or user, site.
ProcureNet-the first private company to be awarded the Hammer
Award-points to that practice as critical to its early success:
"The two things that have been keys for us are the
blending of new and old technologies, and having our people
at the agencies to work with the end users to show them
how to use the system" (Caterinicchia, 2001:1).
Some states have aggressively promoted long-term
agency-vendor partnerships (NASPO et.al., 1998). The perceived
advantages to government are: sharing project completion
risk, improving the private sector's understanding of government
needs, continually improving services, and expanding the
public sector's procurement-related knowledge base. Knowledge
management has long been a goal of private sector entities
but has just begun to spread to the public sector. It is
"keeping data that have been aggregated orderly, and
analyzing them for trends and other useful insights"
(Hamilton, 2001:R6).
Long-term agency-vendor relationships, like
the selection of a vendor via "best value" rather
than "low bid," are still viewed with suspicion
by many who see them through old lenses as promoting favoritism.
The notion of separation between user and vendor will be
hard to change. Ironically, it will be contingent upon proving
the success of the high value v. low bid principle.
It may be the central procurement office
that most resists the transition. As noted by McCue (2001:10),
many local governments are experiencing internal tugs-of-war
as they debate such organizational issues as: "(1)
the increased integration of the purchasing function with
other areas of the organization; (2) the pursuit of economies
of scale by combining purchases among divisions; (3) the
adoption of flatter organizational structures with decision-making
responsibilities shifted to lower levels of the organization;
and (4) the trend toward e-commerce which often allows staff
to be located in geographically dispersed areas and agencies."
Preference For Fixed Price and Fixed
Term Contracts
Fixed price contracts are based on an agreed-upon
unit cost for a selected unit of a good or service. The
NIGP Dictionary of Governmental Purchasing Terms (1996:35)
defines a firm fixed-price contract as one that provides
"for a firm price, or a price that may be adjusted
only in accordance with contract clauses providing for revision
of the contract price under stated circumstances."
The benefits of term contracts "include their economies
of scale and just-in-time procurement, which sets up the
supplier as the procuring entity's storehouse" (Corvino,
2000:13). But the disadvantages are many. They include:
difficulty ensuring that all requisitioners utilize the
term contracts and incomplete or inefficient access to the
necessary contract data needed to determine whether a term
contract will result in increased costs (Corvino 2000).
Some states have already recognized that
fixed price and fixed term contracts won't cut it in the
world of e-commerce. Missouri is one (NASPO, 1998:1):
Our previous 'cookie cutter' procurement
methodology (specific technology for a fixed price for a
fixed period of time) failed to satisfy our customers' widely
diverse and individualized needs for products and services.
Lessons about the shortcomings of fixed
rate and fixed term contracts have been most blatantly and
painfully learned from contracting for information technology
(IT) (cf. NASPO, "Missouri Prime Vendor Contract;"
Pettijohn and Qiao, 2000). All agencies within the same
governmental entity do not have the same IT needs!
Open Access Imperative
in all Situations
The traditional notion has been "If it's public, it
must be accessible by the public-and press." But with
e-commerce, security and privacy issues have surfaced as
major concerns. Businesses (and some citizens) worry about
disclosure requirements that might enhance the likelihood
of their computer systems being hacked into. Identity fraud-by
a competitor-is a very real issue. According to a May 2001
report, "the Federal Trade Commission now receives
more than 1,500 complaints of identity theft per week, more
than four times last year's rate" (Anonymous, egovernment.govtech.net).
Web fraud complaints are on the upswing in virtually every
state (Johnston, 2001).
Governments cannot expect to maximize vendor
participation in e-procurement programs without security
policies in place. In "Building a Successful E-Govt
Strategy," Robb (2001:48) argues that policies and
procedures must be established prior to implementation to:
protect the privacy of personal data, determine the amount
and types of information to make available to the public,
protect data, dictate data access, and establish penalties
for lapses of security. Security rules and procedures, often
limiting the public and the press's right to know, appear
to some to be counter to the principle of "government
in the sunshine"-a practice that is judged to have
reduced cronyism and corruption in the contracting process.
At this point, the public's views on privacy
seem to be more closely aligned with the business view (restricted
access) than with government's (non-restricted). A November,
2000 survey conducted by the Center for Survey Research
and Analysis at the University of Connecticut found that
"Americans want laws to protect their private information,
even at the cost of restricting public access and free press"
(emphasis added by author, Associated Press, 2001a).
Of all the procurement principles currently
being debated, this is the one that is most likely to be
resolved by the courts.
SUMMARY
Many have been quick to identify government
as the major drag on the pace of the e-procurement revolution.
This article details the reasons why this image has persisted.
It also shows that some of the blame for the slow implementation
of e-commerce must be shared by the private sector. It has
failed to grasp governments' need to be equally concerned
with the effectiveness and equity of the purchasing process
as with the improved efficiency. The business community
has also tended to overlook the difficulty governments face
in having to make policy in a highly complex, often competitive,
intergovernmental arena.
There are, however, some similarities between
the public and private sectors. For example, both have been
guilty of rushing to put new technology in place without
fully gauging the broader implications-on people and on
policy making. Both have claimed e-procurement successes,
but then based such claims on rather limited definitions
of procurement. Both have taken the easy routes first: buying
and selling commodities on line, but delaying purchasing
services. Finally, both have called for a reexamination
of certain key principles that have guided public procurement
over the past several decades.
The four principles now under debate are:
(1) low bid wins and that's a must; (2) separation between
the vendor and user is desirable to avoid claims on favoritism;
(3) fixed price and fixed term contracts are best for government;
and (4) open access is absolutely imperative in all situations.
The jury is still out as to whether the new commerce is
contingent upon a reformulation of these principles.
There is little consensus as to whether
the pace of the e-procurement revolution is a good or bad
thing, from the perspective of state and local governments.
Time will tell. In the meantime, researchers need to do
a better job of determining the willingness and capacity
of businesses to sell to government in the era of e-commerce.
Likewise, we need to conduct more thorough studies to determine
with more precision which of the public sector's regulatory
restrictions and organizational dimensions are the biggest
deterrents to e-commerce. Thus far, the bulk of the surveys
have focused almost exclusively on the interface between
larger governments and corporations. But the bulk of governments
and businesses in this country are far smaller.
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