Ethics in Public Procurement

Questions and Answers

Which of the following describes the concept of public trust?

Neither A nor B

Both A and B

Obligation to use public office for private benefit

Affirmative duty to pursue public interest (correct)

Ethics in public procurement refers to the adherence to prescribed values and principles.

True

What is the highest standard of conduct required from procuring entities and bidders?

Highest standards of ethics

A conflict of interest refers to a conflict between public duty and ______ interest.

private Signup and view all the answers

According to the legal basis, what excuses a person from compliance with the law?

None of the above Signup and view all the answers

Match the following elements with their descriptions:

Accountability = Being responsible to the public Integrity = Adherence to moral and ethical principles Corruption = Dishonest conduct by those in power Public Office = A position of authority or trust in public service Signup and view all the answers

Study Notes

Importance of Ethics in Public Procurement

Procurement is highly vulnerable to corruption, which can significantly hinder the achievement of agency goals.
Unethical behavior by procurement agents can undermine public trust and operational effectiveness.

Concept of Public Trust

Public officers have a duty to prioritize the public interest.
There is an obligation to refrain from using public office for personal or partisan benefits.

Observing Integrity in Public Procurement

Ethics are defined as the norms and standards that reflect ideal values in daily practices.
Integrity entails adherence to established values and principles within public sector operations.
High ethical standards must be upheld by procuring entities, bidders, and suppliers during contracting processes.
Integrity encompasses both the procurement process itself and the conduct of procurement practitioners.

Code of Conduct and Ethical Standards for Public Officers

Eight norms of ethical conduct under RA No. 6713 include:
- Commitment to public interest
- Professionalism
- Justness and sincerity
- Political neutrality
- Public responsiveness
- Nationalism and patriotism
Risks in public procurement include conflict of interest, fraud, corruption, coercion, and collusion.

Conflict of Interest

A conflict of interest arises when a public official's private interests could improperly influence their official duties.
Bidders with a disclosed conflict of interest are prohibited from participating in related procurement activities.
A bidder firm is disqualified if it's controlled by someone with a prior violation of RA No. 9184.
The definition of controlling interest includes situations involving close relatives and ownership of shares.

Constitutional Basis

Article 11, Section 1 emphasizes that public office is a public trust and mandates accountability to the people.
Article 2, Section 27 calls for the state to uphold honesty and integrity in public service and combat corruption.
Article 2, Section 28 endorses full public disclosure of transactions involving public interest.

Legal Basis

Article 3, Section 7 establishes the public’s right to information regarding governmental affairs.
Section 2 of RA 9184 promotes good governance across governmental branches and agencies.

Additional Legal Framework

The Civil Code states that ignorance of the law is no excuse for non-compliance.
The precedent from US vs Sornito establishes criminal responsibility for wrongful acts.

Allied Local Laws

Article 2, Section 11 of the 1987 Constitution asserts the need for a self-reliant national economy controlled by Filipinos, emphasizing national preference in procurement.

Description

This quiz explores the importance of ethics in public procurement, highlighting its susceptibility to corruption and the role of procurement agents. It delves into the concept of public trust and the obligations of public officials to serve the public interest. Test your knowledge on these critical topics.