In this Issue

Government

The Use of Public Procurement for Socio- Economic Reform in Democratic South Afrika: Triumphs and Challenges Two Decades On

When South Afrika achieved her hard-won democracy in 1994, the gravity of the legacies of colonialism and apartheid were obvious, where inequality and poverty abounded for the masses of the country.1 The hallmarks of colonial subjugation and apartheid “represented not only the disenfranchisement of the black population of South Afri[k]a, but also an institutionalised system which maintained white domination and privilege in the political, economic, social and cultural spheres.”2 To say the situation for the Afrikan majority was desperate would be an understatement: this legacy has since been referred to as an “extraordinary human disaster”3 that prompted the United Nations (UN) to declare apartheid a crime against humanity.4

Federal Government

Putting Federal Suspension & Debarment Officials in the Driver’s Seat : Empowering S&D Programs to Efficiently Save Taxpayer Dollars

The U.S. federal government is the largest buyer of goods and services in the world,1 spending about one trillion dollars per year on federal contracts and grants.2 About one out of every six federal tax dollars spent goes to a government contractor.3 Today, especially, with the Trump Administration’s $4.4 trillion budget proposal that includes a $300 billion increase for both domestic and military spending,4 it is crucial for the United States to have active suspension and debarment (S&D) programs to prevent fraud, waste, and abuse.

Corporate Compliance

Adapting Nigeria’s Whistleblower Policy to Procurement Frauds : A Cue from the False Claims Act's Qui Tam Provision

The concept of whistleblowing has proven to be effective in tackling fraud, especially procurement fraud. A case in point is the False Claims Act (FCA) in the United States, which rewards relators up to thirty percent of amounts recovered for providing the government with information on fraud;1 the size of the bounty depends on whether or not a relator personally prosecuted the fraudulent act.2

Union

Lacking Labor Protections in the U.S. Procurement System: A Comparative Analysis of European Labor Protections

In 2014, it seemed as though labor protections in federal procurement were on the rise and federal contractors would be held responsible for any violations against U.S. labor laws when President Barack Obama issued the Fair Pay and Safe Workplaces Executive Order (E.O.).1 This order allowed contracting officers within agencies to consider labor violations in making responsibility determinations in the pre-award stage.2 This program was criticized heavily by conservatives and ultimately was ended in 2017, but the revocation did not go without criticism given that certain provisions of the executive order were intended to protect workers from sexual harassment and pay inequality in the workplace.3

Africa

Preparing Today for Prosperity Tomorrow: Using Sustainable Public Procurement as a Tool for Development in Ghana

After gaining independence, the leaders of the newly liberated Republic of Ghana reached back to lead the fight for the emancipation of other African nations.1 Since then, Ghana has been recognized as a leader of change and innovation on the continent of Africa.2 Even so, Ghana has been, and remains, a relatively impoverished nation.3 In fact, until very recently, Ghana experienced comparably much slower economic development than countries that gained independence contemporaneously.4 For example, before each gaining independence in 1957, Ghana and Malaysia both were economically poor countries;5 however, until recently, Malaysia’s economy grew much faster than Ghana’s.6

Government

Offering a Carrot to Complement the Stick: Providing Positive Incentives in Public Procurement Frameworks to Combat Human Trafficking

Trafficking in Persons (TIP) is a widespread human rights atrocity that is not limited to a single region of the world, gender, or form of exploitation. Though manifested in many ways, the unifying characteristics of this classification of abuse include the use of force, fraud, or coercion to exploit someone for his or her services in either commercial sex or various forms of labor.1 According to Human Rights First, approximately twenty-five million people are currently living as trafficking victims around the world.2

Europe

Utilizing Supply Chain Transparency Measures to Combat Trafficking in Persons: A Comparative Analysis of the U.S. and Swedish Systems

In October 2007, Vinnie Tuivaga, a Fijian national, boarded a flight for Dubai.1 Chasing the promise of a significant salary increase, Ms. Tuivaga was unaware that she had been misled about her true final destination.2 Ms. Tuivaga and the ten other women she traveled with expected to begin working as beauticians at a luxury hotel in the United Arab Emirates shortly after landing in Dubai.3 Instead they received body armor and training on surviving rocket attacks, before being transported to various U.S. military bases throughout Iraq.4 Despite being employed by a U.S. government subcontractor, Vinnie found herself working twelve hours a day, seven days a week for a measly salary of $350 per month.5