NACC Highlights the Need for Measures to Plug Procurement Corruption Loopholes in Local Administrative Organizations
จากไชต์: Office of The National Anti - Corruption Commission (ONACC)
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NACC Highlights the Need for Measures to Plug Procurement Corruption Loopholes in Local Administrative Organizations
The Secretary-General of the National Anti-Corruption Commission (NACC) has implemented measures to plug corruption loopholes in the procurement processes within local administrative organizations, which have shown the highest statistics and data complaints of corruption in the fiscal year 2023. He emphasized that the focus is not on persecution, but rather on addressing a problem that has caused significant financial damage.
Niwatchai Kasemmongkol, the NACC Secretary-General and Spokesperson, revealed that in the past 2023 fiscal year, local administrative organizations were allocated a total budget of approximately 3.185 trillion baht, which constitutes 29 percent of the state budget. These funds are distributed to various local entities such as Provincial Administrative Organizations (PAO), Sub-district Administrative Organizations (SAO), town municipalities, and sub-district municipalities, among others, to use for public welfare maintenance for the local populace. This includes the construction of public utilities such as water supply systems, streetlights, road construction or improvement, canal dredging, drainage systems, etc. The procurement process involves inviting private companies to participate in bidding or offering prices through regulated procurement procedures, such as specific procurement or price contestation, etc.
Nevertheless, from the analysis of corruption complaints submitted to the NACC offices across the country, it has been found that corruption issues in the procurement activities of local administrative organizations often involve vulnerabilities or corruption points by officials at both local and central state agencies. These officials collude with certain private entities in corrupt bidding processes aimed at securing benefits and ensuring the success of their selection for state agency contracts - a notion colloquially known as "getting the job."
From case studies that the NACC office has already indicated as culpable, it was discovered that in some instances, state officials abused their power and duties to negotiate with private entities prior to the request for budget allocation. The goal was to divide the budget of each project so that it would not exceed 500,000 baht, enabling the procurement by specific selection without having to go through a bidding process. This method allows them to exercise their power in choosing the contractors independently.
In cases where projects have a budget exceeding 500,000 baht, electronic bidding (e-bidding) methods are employed. Interested parties must submit their bids through the electronic system. Despite continuous improvements to the system to prevent bidder misconduct, vulnerabilities in the e-bidding process persist. For example, the Terms of Reference (TOR) may be tailored or 'locked' to benefit a particular private entity, or there may be collusive bidding arrangements with other bidders, where state officials involved in procurement corruption receive kickbacks or compensation for facilitating job acquisition. Such practices have long been systemic and widespread, extending from the sub-district and district levels up to the provincial, and investigations have uncovered that some are even organized at a regional level.
The Secretary-General of the National Anti-Corruption Commission (NACC) stated that in the fiscal year 2023, the office received the highest number of complaints about corruption in local administrative organizations, accounting for 30 percent of all complaints. This is followed by the Ministry of Interior at 14.37 percent, the Ministry of Education at 11 percent, and the Royal Thai Police at 9.9 percent.
Furthermore, a significant issue that requires rectification as it represents the inception of corruption in local administrative organizations is the influence of powerful individuals, which has repercussions on the operational procedures of state officials. To achieve sustainable problem-solving, it is often found that when virtuous citizens file complaints with the district offices to inspect the improprieties within the local administrative organizations, the district offices, which supervise the localities, fail to act due to the problem of "big houses" or influential figures in each area. Therefore, the sole action by the NACC in penalizing the offenders is not effective. It is crucial to conduct a thorough investigation into the causes of the offenses to determine whether they stem from ignorance or the intent to commit the crime deliberately.
This involves delving into the details of the potential channels that serve as leakage points or vulnerabilities for corrupt activities and performing an in-depth analysis to discern whether the misconduct is a result of structural or systemic issues. It also includes examining if there is a negligence or lack of understanding of the law, which would require the establishment of measures to cultivate knowledge and comprehension of the laws to prevent such offenses. In this respect, the NACC has planned to coordinate with relevant agencies to arrange training and workshops for the personnel of local administrative organizations. The objective is to enhance their understanding of the legal aspects and ethical standards, thereby enabling them to be vigilant and refrain from participating in any corrupt practices.
In his concluding remarks, Niwatchai stated that the NACC office will expedite the process of rectification and will provide knowledge to the private sector entities that are entering the bidding process in state projects, regarding the proper procedures for procurement. This includes educating state agencies responsible for overseeing these local administrative organizations, to adopt measures for a more stringent supervision of the actions of state officials within these agencies.
However, in instances where there is an intentional commission of an offense, despite being aware of the wrongdoing, the case must be escalated to the anti-corruption enforcement and surveillance units.
Currently, the NACC has plans for operational surveillance and suppression of corruption within the local administrative organizations across all 76 provinces. The NACC has also pinpointed areas at risk for corruption, identifying specific sub-districts, districts, or provinces with a high number of corruption cases within local government organizations. These areas are marked for special vigilance or as initial targets for stringent oversight and control.
Furthermore, the NACC calls for cooperation from citizens who witness acts of corruption in various state projects. They are encouraged to file complaints or provide tips to the NACC via the direct hotline 1205 or through the NACC website at www.nacc.go.th.
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