THE RELATIONSHIP BETWEEN PERCEPTIONS AND LEVEL OF COMPLIANCE UNDER SELF ASSESSMENT SYSTEM – A...

258JOURNAL OF GLOBAL BUSINESS AND ECONOMICSJULY 2010. VOLUME 1. NUMBER 1

SUPPLIERS’ PERCEPTIONS TOWARD GOVERNMENT PROCUREMENT SYSTEM:EVIDENCE FROM EASTERN REGION OF MALAYSIA

Wan Mohammad Taufik Bin Wan AbdullahMohmad Sakarnor Bin Deris

Noriza Binti Mohd SaadMarziana Binti Haji Mohamad

Mahlindayu Binti Tarmidi

Universiti Tenaga Nasional

ABSTRACT

Government procurement is a business process within a political system of a government. Failure toproperly balance these elements can lead to wasted effort and poor development results within the mostimportant single marketplace in developing countries. Procurement in Malaysia is largely decentralized.The Government Procurement Management Division of the Ministry of Finance sets the procurementpolicy and rules. The minister of finance or the chief minister for the state procurement boards appointsa tender board in each procuring agency to administer specific procurements. This project aims toexplore the perception of suppliers towards the government procurement system. It also aims toevaluate the effectiveness and identify the obstacles arise in the existing government system in theperspectives of stakeholders and to suggest for improvements in terms service quality standards. Theresults of this study indicated that even though the perceptions of suppliers is good towards the Malaysiagovernment procurement system, the level of effectiveness of the public procurement system is still at asatisfactory level since there are still loopholes which allow opportunity for corruption to occur. This isdue to obstacles arisen in the existing government procurement system which need to be eradicated andimproved. This study suggests that a major reform need to be in place in order to improve the level ofeffectiveness of the system.

Keywords: Government Procurement System, Suppliers’ Perception

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1. Introduction

In the Malaysia public sector, it has to be acknowledged that there have been tremendousimprovements in financial management especially in the last few years. However, despite numerousreminders on the importance of good financial management and proper record keeping, problems stillcontinue to occur year after year and this is clearly evident by the series of Auditor-General Reports2005, 2006, 2007 and 2008 which highlight many incidents of financial mismanagement. Most of theincidents highlighted in the Auditor-General Reports are due to non-compliance to the existing laws,

Wan Mohammad Taufik Bin Wan Abdullah,Mohmad Sakarnor Bin Deris, Noriza Binti Mohd Saad,

Marziana Binti Haji Mohamad and Mahlindayu Binti Tarmidi


regulations and financial procedures or simply due to the complete lack of integrity and accountabilityon the part of the financial managers. If the leaders responsible for financial management followaccording to the steps stated above it will ensure that there is sound financial management in the publicsector (Ambrin Buang, 2006).

When Dato’ Seri Abdullah Ahmad Badawi became the Prime Minister on 31 October 2003, he pledged toeradicate corruption and promote good governance and ethical values . Corporate governance in publicsector should receive increasing attention for the reasons that there is always a risk of corporatefailures, both for public and private sector, whenever markets get deregulated. This deregulation willbring increasing pressures on these entities to perform. In this situation, stakeholders’ relationship andtheir perceptions as well as expectations towards performance, transparency, integrity andaccountability of public procurement are important to be considered for improvements.

This project aims to explore the perception of suppliers towards the government procurement system. Italso aims to identify the obstacles arise in the existing government system in the perspectives ofstakeholders and to suggest for improvements in terms service quality standards. The results of thisstudy indicated that even though the perceptions of suppliers is good towards the Malaysia governmentprocurement system, the level of effectiveness of the public procurement system is still at a satisfactorylevel since there are still loopholes which allow opportunity for corruption to occur. This is due toobstacles arisen in the existing government procurement system which need to be eradicated andimproved. Finally, the study also aims to reveal obstacles in government procurement and enhanceawareness among the suppliers on the importance of having effective, efficient and transparentgovernment procurement system towards achieving high quality of services.

The rest of the paper is organized as follows. The next section reviews the literature. Section 3 presentsthe methodology of the study. The discussion of the analysis is presented in Section 4. Section 5discusses on the obstacles found and opined by the suppliers and conclude the paper with Section 6.

2. Literature Review

2.1 Government Procurement

Government procurement is a business process within a political system. Failure to properly balancethese elements can lead to wasted effort and poor development results within the most importantsingle marketplace in developing countries. Government procurement remains as a big part of theeconomy of developing countries, accounting for an estimated 9-13% of their gross domestic product(Wittig, Wayne A, 2002). Nevertheless, it is an area in need of attention since resources are not beingproperly managed in many countries.




Government procurement refers to purchases of goods or services, including consultancies andprofessional services, construction, maintenance and material supply contracts, facilities contracts,capital equipment and property and leasing arrangements, undertaken by governments for their ownconsumption . The process spans the whole life cycle from the identification of need through to the endof a services contract or the end of the useful life of an asset. The procurement process aspires toachieve the best value solution. This is not necessarily the lowest cost but the optimum combination ofwhole life costs and benefits to meet the needs of the government .

The legal framework for public procurement in Malaysia consists of the Financial Procedure Act 1957,the Government Contract Act 1949, Treasury Instructions, and Treasury Circular Letters. Theseinstruments apply to procurement by all federal and state governments and semi-governmentalagencies but not state-owned enterprises. Procurement in Malaysia is largely decentralized. TheGovernment Procurement Management Division of the Ministry of finance sets the procurement policyand rules. The minister of finance or the chief minister for the state procurement boards appoints atender board in each procuring agency to administer specific procurements. Public procurementprocedures often are complex. Transparency of the processes is being questioned, and manipulation ishard to detect. Few people becoming aware of corruption complain publicly, since it is not their own,but government money, which is being wasted.

Governing administrations in developing countries can reap benefits from improved management oftheir public procurement systems. With focused more on approach to control of resources within thislarge internal market, greater value can be achieved in national budgets while developing local industry.Despite the potential for developing local industry through public procurement, many local andinternational firms do not participate in public procurement because of a perception that governmentsare slow payers, difficult to work with or have their own favored suppliers for contract awards.

In addition to these general complaints, there is also a feeling among suppliers – based on anecdotalreports – that corruption plays a part in contract decisions (Wayne A., 2002). Some “corrupt” activitiescould be caused by a lack of understanding of the best practices in public procurement. This issupported by a statement made by the Second Finance Minister Datuk Seri Ahmad Husni Hanadzlah andit is reported in The Star/ Asia News Network on October 26, 2009 ; saying that the federal and stategovernments are losing billions of ringgit every year through over-priced contracts for things rangingfrom huge water tunnel projects to the outsourcing of information technology services. This portraysthe transparency of the government procurement procedures is being questioned by the suppliers.

2.2 Issues in Government Procurement System

Many developing countries have adopted procurement legislation and regulations that seek to ensurethat public entities source goods and services through an open and competitive process. Theprocurement literature in economics primarily focused on two issues. The first is how to select a cost –effective supplier from a potential supplier pool and the second is how to induce the selected supplier to




optimally invest in related activities such as research and development. These two issues have beenaddressed by the auction theory and theory of incentives. Klemperer (1999), McAfee and McMillan(1987a, 1987b) and Laffont and Tirole (1987) conducted a surveys of the literature. This indicates thatthe process of suppliers’ selection is very critical in government procurement in order to ensure thecost-effective suppliers being selected in avoiding any bad spending of public fund. However, to ourlimited knowledge, we don’t find any prior studies being conducted on the perceptions of the supplierson government procurement.

In November 2004, a local newspaper published a front-page story on defective buildings and roads thathad cost the taxpayer an estimated RM2 billion (US $500 million) . The response of the public workminister was that the fiasco was not the fault of his department, but of a group of contractors known asProject management Consultants (PMC), set up in the 1990s and registered with the finance ministry.This allowed agencies to implement their own projects through limited tenders or direct negotiations.However, this practice had been abolished by the government in March 2004. Departments have beendirected to comply with current procurement policies that use the tender system to ensuretransparency and accountability. Thus, another question arisen here is that what is the perception of thesuppliers on the transparency of the procurement policies and also accountability of the governmentofficials in executing the tender procedures.

While there are volumes of the literature on corruption of the procurement system of an organization orany government agency. When assessing whether projects are really needed, some politicians often puttheir interest own agenda first when deciding to build roads or other major infrastructure projects.Subcontractors and intermediaries involved in contract management have been used for hiding corrupttransactions since they are much more difficult for the government to monitor. In one of the studies onpublic procurement, it found that there was the misuse of a public office for personal gain” (Sosmena,1999). Corruption may be categorized into two which is individual or systemic (Carino, 1985:15). As aseparate matter, a firm or firms could attempt to bribe or induce government officials to view theirtenders more favorably and such corruption has been extensively researched (Bardhan, 1997, Rose –Ackerman, 1999). Furthermore, Burguet and Che (2004) concluded that the cost of public projects maybe higher when corrupt agents are in charge of procurement.

As spelled out in the Ninth Malaysia Plan (2006-2010), The Malaysia government commits to improvethe quality of public services as it is fundamental prerequisite towards achieving the national Mission.Towards this end, the Government will continue to reduce bureaucratic red tape, especially at the localauthority and district levels . Work processes and procedures as well as regulations will be revampedand streamlined while more decision centers will be established to enable effective and speedy decisionmaking. However, it must be acknowledged that dishonest officials always manage to find loopholes inthe best systems. Bribes may be organized in such a way that the procedures fixed by law arecircumvented. The bottom line therefore is the integrity of the individual. Each and every person mustexhibit absolute integrity in the exercise of his functions. Even when he has the opportunity to take abribe, whether one that is offered or one which he can ask for easily, he should be so motivated that he




will refuse to do so. Another perception that can be raised here is the perception of suppliers towardsthe integrity of government officials.

The authors find difficulties in collecting literature which relate on the perception of suppliers on

government procurement. Thus, the authors use the findings of the Auditor-General Reports 2005 -2008, Transparency International Handbook, OECD Reports and also information from the governmentwebsite to support the findings. However, to fill the gap in the literature, the authors take the initiativeto explore this area which finally will contribute to the enhancement to the existing Malaysiagovernment procurement system.

2.3 Obstacles in Procurement

Public procurement is a central area of public spending where corruption stakes are high. Public

procurement in the European Union amounted to about US1500 billion in 2002 . Developing andtransition economies spend a larger share of government budget on public procurement than OECDcountries on average. The risk of corruption and lack of transparency in public procurement are majorimpediments to sustained economic growth through investment and trade. Reducing corruption-taintedpublic purchases is a central but difficult task. It will become more successful as fighting corruptionbecomes increasingly important a key policy concern in more countries.

Large developing countries like India and Malaysia have expressed their skepticism towards negotiationson a multilateral Government procurement Agreement (GPA) prior to, during and after the CanunMinisterial. India and Malaysia have also argued that some of the government practices examined in theWorking Group on Transparency in Government Procurement Practices (WGTGP) are not transparency-related issues and have implications for market access (Evenett, 2003). Thus, it has been noted that therationale underlying future agreement on transparency in government procurement would not be toreduce corruption.

However, the means to achieve this have not been set out. Moreover, there is a lack of conclusivestudies on the matter. In fact, and as a research paper by Hoekman and Evenett (2004) demonstrates,remarkably little is known of actual procurement systems in developing countries. Little is also known orhas been written about how to achieve a transparent and efficient government procurement system.Indeed, some studies have given examples of possible benefits and cost-savings of transparentprocurement systems. Conversely, these studies ‘do not provide sufficient data to demonstrate theclaims made” (Hoekman and Evenett, 2004).




3. Methodology of the Study

3.1 Sampling and Data Collection

For the purpose of the study, 434 questionnaires have been distributed to all companies in the

approved suppliers list of the government for the respective state governments, Pahang, Terengganuand Kelantan. The reason why we focus on the eastern region in our study is due to the launching ofEconomic Corridor Easter Region which is believed will lead to volumes of major projects to be held inthese states. After following up, 317 questionnaires which represent a 73% initial response rate hadbeen collected. However, 54 of the collected questionnaires, were incomplete questionnaires as well ascontained invalid response and were judged to be unusable and excluded from the analysis. Therespondents of the previous mentioned business organizations refused to complete the questionnaire,claiming that it is sensitive and confidential information. After excluding the incomplete and invalidresponses, the research ended with 263 valid and usable questionnaires, representing a 61% responserate as stated in Table 1.

For the purpose of data collection, this study used questionnaires to which were distributed to the

respondents. The questionnaire was designed by the authors and the reliability was tested by usingCronbach’s Alpha statistical technique which the result is revealed in the next section.

The questionnaire is divided into two sections:

(i) Background and demographic information of the Suppliers

(iii) Suppliers’ perception towards the government procurement system.

This study utilizes the primary data, which are gathered from the analysis of physical

questionnaires distributed to the randomly selected suppliers from the mailing lists. The mailing list ofnames and addresses for the suppliers are acquired from the respective state treasury departments.Questionnaires are designed on a five point Likert Scale, which was used to measure the suppliers’perceptions towards the public procurement system. Typically, each scale item has five specificresponses ranging from “strongly disagree” to “strongly agree”. In this study, the respondents are asked




to indicate their attitude and perception about the item being rated. The same scale is used in askingabout the level of transparency of public procurement system. The likert scale applied would producethe ordinal scaled data since each number correspond exactly to one response statement. Hence, thedata can only be analyzed using the non-parametric methods. Next, the data will be analyzed by usingSPSS version 17.0.

3.2 3.2 Summary of the respondents profile are shown in Table 2.

4. RESULTS

4.1 Reliability Test

Reliability of a scale gives indicator on how free it is from random error. One of the most commonlyused statistical technique is Cronbach’s Alpha (Pallant, 2001), which is also being employed in this study.It provides an indication of the average correlation among all of the items that make up the scale withvalues ranging from 0 to 1 and the higher value indicating greater reliability. The Cronbach’s Alpha is areliability coefficient that reflects how well the items in a set are positively correlated to one another.The closer Cronbach’s Alpha to 1, the higher the internal consistency reliability. The result from SPSSversion 17 reveals that the value is 0.819, which is above 0.7, Furthermore, the result of the inter-itemcorrelation matrix shows that the correlation values among the 15 items are quite high which is ranged




from 0.387 to 0.495. In addition to that, the questionnaire was also sent to National Institute of PublicAdministration (Institut Tadbiran Awam Negara-INTAN) for review. Therefore, this portrays that theitems are reliable.

4.2 Descriptive analysis




The descriptive statistical findings revealed that most of the respondents are aware with the Malaysiagovernment procurement system. In here, the awareness covers the policies and procedures and alsothe arising issues which related to the government procurement. The range for the mean is between4.03, 4.8 and 4.11 respectively for Pahang, Terengganu and Kelantan which means most of therespondents (87%) responded that they are aware enough on the government procurement policies inMalaysia. In addition, 87% of the total respondents agreed that they are affected with the arising issuesrelated to the Malaysia government procurement system with the respective means 4.03, 4.8 and 4.11for Pahang, Terengganu and Kelantan. It can be concluded here that, the respondents who aware withthe Malaysia government agreed that they are possibly affected with any arising issues in Malaysiagovernment procurement.

Meanwhile, 85% of the total respondents perceived the Malaysia government procurement system isimportant to them with the means 3.77, 4.8 and 4.07 respectively for Pahang, Terengganu and Kelantan.




However, 91% of the total respondents perceived that they are neither agreed nor disagreed on thereliability, transparency and efficiency of the Malaysia government procurement system. This isindicated by the range of the means 3.13 to 3.44 for those variables. These results are supported by astatement from Datuk Ahmad Said Hamdan, the Anti-Corruption Agency (ACA) Director General whichsuggested that a study be carried out on the weaknesses of the Malaysia procurement procedures.

To understand the respondents’ opinions regarding the possibility of corruption to happen in theMalaysia government system, the respondents were asked on their perceptions that the Malaysiagovernment procurement system is free from corruption. It indicated that, 90% of them perceived thatthey are strongly disagreed that the system is free from corruption, 7% agreed and the remaining 3%responded they are neither agreed nor disagreed to the statement. In addition, 88% of the respondentsperceived that the Malaysia government procurement system may contribute to corruption and theremaining of 12% are neither disagreed nor agreed with the statement. However, most of themresponded that they are aware with the efforts taken by the Malaysia government in curbing corruptionsince they believed that the corruption issues might affect their prospects as approved governmentsuppliers. Additionally, the study also found that 89% of the respondents believed that good governanceis important in Malaysia government procurement system. This is aligned with one of the milestones ofthe National Integrity Plan on enhancement of corporate governance and business ethics which waslaunched by the former Prime Minister in April 2004.

In relation to the ethical values among government officials and good management of public fund, 68%of the respondents are neither agreed nor disagreed on the statement saying that the governmentsystem promote ethical values among government officials as well as promoting good management ofpublic fund. The remaining 32% of the respondents agreed with the statement. This finding might besupported by a few reports highlighted by the Auditor General Report 2006 and 2007 as reported by theChief Secretary to the Government Tan Sri Mohd Sidek Hassan . He was commented on a series ofarrests carried out by the Anti-Corruption Agency (ACA), which had arrested 17 government servantsincluding senior officers in Kota Kinabalu, Kelantan, Pahang and Seremban. This indicated that the publicconfidence towards the government officials and good management of public fund might be affected.

As an attempt to explore the frequency of perception of the government procurement system gives afair opportunity to all suppliers and potential suppliers, 67% of them responded that there are in aneutral position. The other 26% were agreed and the remaining 7% were strongly agreed on thestatement. Again, the same pattern of responses is observed on the statement saying that thegovernment procurement system fulfills the concept of accountability and provides good qualityservices. The authors opined that, these findings indicated that most of the respondents are quitesuspicious on the transparency of the government procurement system.

It is obviously found that, the perceptions on the Malaysia government system might be influenced by aseries of Auditor General Report from 2006, 2007 and 2008, which produced an annual reporthighlighting the repetitive problems regarding the weaknesses and loopholes in the public financial




management in public sector entities which most of them involved procurement. For instance, theAuditor-general Report 2006 reported that, the purchase of screw drivers made by the Ministry of Youthand Sports at the price of RM224 while the same items can be purchased at RM32 in the market.Another incident is about the purchase of digital camera, plastic vase, and a six-seater pvc sofa whichworth more than RM110,222. These incidents have influenced the perceptions of suppliers toward thegovernment procurement system.

5. Obstacles in Public Procurement in Malaysia

It is acknowledged that Malaysia and its local authorities, has a good legal and regulatory framework forprocurements. Although procurements by local authorities are tightly regulated by proceduresformulated by the Federal Treasury, there are still weaknesses in government procurement policies andprocedures which allow the ineffectiveness, inefficiency and misconducts in the governmentprocurement system reported repetitively in the series of Auditor General Report 2005, 2006 and2007.Transparency in Government Procurement by itself should help the developing countries likeMalaysia as it can increase foreign participation which in term will promote competition, ensure valuefor money, clear decision-making and reduced possibilities of corruption.

In terms of transparency, 91% of the respondents are strongly agree to the statement saying that thetransparency of a tender process is lacking for example on the reason why a bidder is successful andwhy its competitors fail are not explained and justified accordingly. The suppliers must be informedtransparently on the bidding results and on what criteria that leads them to the failures. Increasingly,questions have been raised regarding how local authorities spend the tax payers’ money. For instances,incidents on the delays in projects carried out by local authorities, such as roads, drains and marketcomplexes as reported publicly in the newspapers are the evidences that there are possibilities oflacking of transparency in awarding the tender to the bidders.

This lack of transparency is complicated by using government procurement as part of the strategy toaddress inequalities among the ethnic groups. While it has been generally accepted that thegovernment must help Bumiputera entrepreneurs and professionals to share in the economic growth ofthe country, lack of transparency has given rise to perception that good procurement practices mighthave been compromised. Another major obstacle which is significantly related to transparency is lack ofinformation. Too many things are classified as official secrets and Malaysia has a very restrictive officialand secrets law. There have been calls for a “Freedom of Information” law including an independentombudsman as indicated by Cumaraswamy (2005).

Finally, transparency is considered as one of the most effective deterrents to corruption and pre-condition for ensuring public officials’ accountability. Transparency allows the public the widest possibleaccess to documents that enables citizens and businesses scrutinize how the powers vested in publicprocurement officials exercise their authority. Arguments put forward in favour of a multilateralAgreement on Transparency in Government Procurement in the 2003 Report of the Working Group on




Transparency in Government Procurement Practices (WGTGP) includes that transparency would resultin enhanced efficiency and increased innovation. This will give impact on the domestic and foreigninvestment and partnerships between local and foreign suppliers. Ensuring transparency in governmentprocurement is a core element of good governance and definitely essential to economic development ofthe developing countries like Malaysia.

6. Conclusion

This study has presented evidence from the eastern region that the perceptions of suppliers involved inthe sample towards the Malaysia government procurement system are satisfactory. However, theperceptions towards the Malaysia government procurement system to be free from corruption is quitelow. The perceptions of the suppliers portray that the respondents are fairly satisfied with theeffectiveness of the present Malaysia government procurement system except for on the opportunity orpossibility for corruption to occur in the system.

The respondents are convincing enough on the possibility of corruption to present in the Malaysiagovernment procurement system by the annual Auditor-General Report which keeps on highlighting thesame issues on corruption. The fact that some improvements and reforms need to be done and takeninto considerations are highly welcome by the respondents in eradicating the corruption issues.

The ultimate goal of public procurement is to satisfy the public interest. Like any government actionshould be in this sense, good procurement should satisfy the needs of the people, should be fair tobusinesses, should save (and avoid waste) of public funds. Good public procurement is a good tool toimplement public policy in all areas, and should be an instrument for good governance and thereforegood government. In this sense, good procurement will contribute to the government’s legitimacy andcredibility. The e-Procurement system had been introduced by the government to solve some of themajor problems in the tradition procurement system.

Due to time, location constraints and difficulties in getting the literature and other relevant information,this research is only applied to the small and medium suppliers’ organizations. There are furtheropportunities for exploration on other variables and determinants that influence the perceptions ofother stakeholders. The opportunity for improvement by fully implementing the e-procurement systemmight be contributive enough in resolving and eradicating the corruption issues.

Future research may examine further on the readiness of the suppliers and the government entities inthe eastern region on the fully implementation of e-procurement system which until now is not yetcommon to Pahang, Terengganu and Kelantan. Apart from that, adoption of e-procurement requiresorganizations to acquire more IT components, training and involvement from top authority, whichbecomes the critical success factor in improving the existing system with the better one which can




facilitate the government in solving the corruption problem. Finally, this will also improve theperceptions of the stakeholders at large towards the Malaysia government procurement system.

References

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Bardhan, Pranab (1997). Corruption and Development: A Review of Issues. Journal of EconomicLiterature, XXXV: 1320-1346

Burguet, R. and Che, Y-K (2004), Competitive Procurement with Corruption, RAND Journal of Economics,35(1), 50-68.

Carino, Ledivina V. (1985). The Politicization of the Philippine Bureaucracy: Corruption or Commitment?,International Review of Administrative Sciences: A Journal of Comparative Public Administrations No.11985.

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