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Learn about the TI Integrity Pact, a concept developed in 1995 to prevent corruption in public procurement, involving vast sums of money for projects like the Berlin Airport and Bremen City Hospital. The pact includes pledges by owners and bidders, sanctions for violations, transparency in the process, and independent monitoring to ensure integrity. Explore successful implementations and the positive impact on public trust and fair competition.
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TI Integrity Pact Preventing corruption in public procurement Good Practice Germany: Airport Berlin City Hospital - Bremen Dr. K. Schubert, MPH Budapest 17.2.2014
TI Integrity Pact • Public Procurement involves vast sums of money • Investments by Federal, State and Municipalities • Complexity and technical nature scare off public scrutiny • Invites corruption ( authority and contractors) • IP concept developed in 1995
TI Integrity Pact The Concept: • Contractual Agreement between Owner and Contractors to forego all forms of corruption • External independent expert Monitor • Help to governments and municipalities
TI Integrity Pact The Objective: • Make Bidders/Contractors refrain from corruption • Help Authorities to avoid damage from corruption • Restore public trust in government
TI Integrity Pact Structure of IP: • Pledge of Owner • Pledge of Bidders/Contractors • Sanctions • Monitor (external independent expert)
TI Integrity Pact Pledge of the Owner/ Authority: • No employee will accept or demand presents or other advantages for performing official acts • Equal information for all bidders • No confidential information for some bidders • Disclosure of all real/potential conflicts of interest • Every suspicion of a criminal act will be investigated
TI Integrity Pact Pledge of Bidder/Contractor/Sub-Contractor: • Not to give or offer any gifts or other advantages • No collusion with other bidders • No acceptance of advantages for unprofessional behaviour • Disclose any payments to agents or middlemen • Consultants: Assure real competition in selection of “winner”
TI Integrity Pact Sanctions: • Owner to apply internally: • Disciplinary, criminal, civil and labor law sanctions on own staff • Bidder subject to: • Denial/Loss of Contract • Forfeiture of bid bonds and similar securities • Liability to pay damages • Exclusion from future contracts
TI Integrity Pact Transparency of Process: • Broad transparency of all relevant decisions and process steps • Evaluation of Bids • Application of all selection criteria • Protection only for real business secrets
TI Integrity Pact • Five Integrity Pacts in Germany – • all accompanied by monitors • 2005, 2009, 2010 (2x), 2011 • International Airport Berlin (BBI): • 2005 • Financial volume: about 5,1 Billion € (2014) • 1,7 Billion € (2004)
TI Integrity Pact - BBI • Monitor • Professor andconsultantengineer • Externalindipendent expert • Full-time • Office on theairport-area • Continouoslyinvolved in theprocess
TI Integrity Pact - BBI Monitor: • Scrutiny: • 100 (101) international contract placings - 2 Mio € (100%) • 48 (466) national contract placings - 37 Mio € (101 Mio €) • 35 modifications (1.800) - 68,2 Mio € 200 Mio € • No corruption – but mismanagement
Project structure Bremen • Reconstruction of part of a clinical building • Financial volume: about 250 Mio € • Owner: Gesundheit Nord gGmbH (federal gov.) • Bremen: 4 communal hospitals • Biggest hospital in town • Since 1850 • Reputation of the hospital • „Dirty money clinic“ – Schwarzgeldklinik • Previous corruption experience
Situation in a City State • Berlin, Hamburg, Bremen - City states • Short ways • Everybodyknowseverybody • Indipendentof theirpoliticalbackground • Sleaze • Mutuality • Gateway forcorruption • Corruption in Public Procurement
IP - Contactperson • Contact to the IP – project • Contact to the monitor • Contact to the owner • Contact to the regional group of TI • Information mediated by the monitor • Conferences / round table with the player • Press releases (Bremen-Berlin)
The Monitor I • Independent, external Expert(s) • Representative of Civil Society or professional Expert • Selection: Owner + TI or public tender • Unlimited access to all information and meetings • If violations suspected: first, discuss with Owner • If no adequate correction: Report to Public Prosecutor • Paid by Owner
The Monitor II (Bremen) • Were chosen by TI • Highly specialized lawyer • Highly specialized engineer • Scrutiny: • International and national contract placings • Modifications • No corruption – but mismanagement
Good Experience I Feed-back: Owner company (GeNo): • Security • No Loss of money • Aggreements be held • Control of internal rules • Experience of the Monitor • Lawyer – construction expert • Appearance not announced • Many useful preventive advices • High preventive dimension
Good Experience II Feed-back: Constructioncompany • Transparent and fair competition • Noneedofbribe • Nodisadvantagebetweenbidders • Trustfulcooperation • Attractive Public Reputation • Advantage in furthercompetition • Economicalbenefit • Internal Controlofpublicprocurement
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