Government's+Role

Governments are usually the single largest customer in emerging economies and a significant source of purchasing in developed regions. National and multi-national governmental agencies are predominantly responsible for the legislation, interpretation, adjudication and enforcement of procurement statutes promulgated by regulations. Governments are also the primary source of procurement restricted __ trade barriers __ and certain restrictive procurement practices such as source/origin selection constraints, __subsidies and countervailing measures__.
 * The Government’s Role **

**// Definition //** // "Government (Public Sector) Procurement" as used in this section is the acquisition of commercially available goods (items, supplies and equipment) from the private sector by Government agencies and ////international donor organisations. // It does not include research and development, special purpose equipment or construction programs, each category of which carries its own special assortment of export control restrictions, standards, and licensing constraints. //.//

** //Government (the public sector) Procurement can serve as a guide to the multi-national purchase instruments, procurement agreements, trade adjudication forums and ethics standards that are available as “low-hanging fruit” for countries seeking to establish or improve their procurement & payment systems.// **

The application of free trade procurement requirements and the adoption of streamlined procurement initiatives require endorsement of the national government because they are:

The largest single customer source of revenue
 * responsible for procurement statutes and professional standards
 * responsible for enforcement of trade laws and
 * the definer of national procurement objectives

Country endorsement should be in the form of bilateral, multi-national and/or organizational treaty. The work of Governments in their leadership role is often the catalyst for promoting harmonyand standardization in procurement regulations, procedures and documentation requirements.

** International organizations ** are partners to government agencies in public sector procurement in the following ways:
 * They are proponents AND users of cross-border procurement practices among member countries;
 * They can serve as an established forum for trade cooperation and disputes resolution between trade partners and thereby avoid conflict escalation;
 * They can serve as a buffer and shield for governmental procurement departments and also leadership against lobbyists and political causes; and
 * Organisations and agencies such as the WTO, OECD and IFC have a chartered interest in improving cross-border trade through identification of trade impediments as well as an objective leadership role in seeking to minimize trade barriers.
 * International Procurement Agreements
 * Multilateral Organisational Bodies, Procurement Documentation, Processes and Initiatives for Trade Facilitation;
 * International Procurement Guides, Provisions & Templates

A comparison of __ Public vs Private __ sector procurement interests shows that Governments are not always free to pursue a purely business strategy in purchasing. Although both sectors stand to benefit from streamlined procurement & payment procedures, it is often the government that is held responsible for contract provisions and product selection decisions protecting the environment, encouraging special labour zones, enforcing workers’ rights and spearheading local emergency relief efforts.
 * // Government Responsibility //**

This responsibility for the public good is an important reason for harmonizing regional and country procurement laws instead of unnecessarily requiring full uniformity on all matters of procurement law. The result led by governments, international agencies and multi-national trade organizations has been to adopt general principles on ethics in procurement and fair practices in vendor selection while at the same time providing document templates and procurement guides for commonly accepted procedures on procurement and payment. The [|UN Convention against Corruption] singles out the public sector as having a special responsibility in combating fraud, waste and abuse. T he Convention recommends the State Parties adopt legislative and other measures to establish a whole series of anti-corruption offences as criminal acts. These are:
 * corruption of national or foreign public officials and officials of public international organisations;
 * embezzlement, misappropriation or other diversion by a public official of any public or private property;
 * trading in influence; and
 * abuse of functions and illicit enrichment.