All over the world, medical staff have struggled to find enough PPE (personal protective equipment) to meet their needs and protect themselves in a time of pandemic.  The problems have extended out and affected other users too, in care homes, local government, the police even.

That has led to some buying activities and processes that were far removed from the usual formal public procurement approaches. In the UK, we have seen huge orders placed with firms that normally would not have made it beyond the first basic company checks. Money was paid up-front in some cases, something else that would never happen in normal times.

We’ve been hesitant to call this Bad Buying  given the emergency situation, although at time of writing, there is some evidence that the UK may now have over-ordered at the top of the market and paid more than perhaps we needed to. But let’s reserve judgment on that for now.

But as well as issues of competence, there have also been accusations of bias, nepotism and even fraud. Sometimes those are far-fetched; the fact that the CEO of a small firm supplying PPE once attended a Conservative Party charity dinner should not mean his firm can never be a government supplier again!

In some countries however, the issue has gone much further. Recently, the BBC reported on the arrest of the Zimbabwean Health Minister, Obadiah Moyo, as “the government came under pressure from the opposition and on social media over a scandal surrounding the procurement of coronavirus tests and equipment”.

Moyo faces charges related to a $20 million contract for PPE and other virus-related kit awarded to a firm registered in Hungary, allegedly made without going through the proper procurement processes.  The company, Drax Consult, was only registered two months before the contract award, and the firm’s representative in Zimbabwe, Delish Nguwaya, has also been arrested. Africa News reported that “local journalists exposed how Moyo allegedly chose the company to sell medical supplies to the government at inflated prices that included face masks for $28 each”.

The President, Emmerson Mnangagwa, has made much of his anti-corruption drive but one of his sons was forced to issue a statement denying a link to the company after pictures emerged of Nguwaya with the president, his wife and sons at several events. Meanwhile doctors and nurses have been on strike demanding to be paid in US dollars as inflation is running at over 750% and incomes are virtually worthless in this struggling nation.

Coming back to the UK, the recent controversial government contract for market research (running focus groups) actually seems to me more dubious than most of the PPE buying activity. Giving a firm with “conflict of interest” type links to adviser Dominic Cummings and Cabinet Office Minister Michael Gove a contract for almost £1 million with no competition simply seems wrong. The “urgency” claim made in that case does not hold water really when a quick competition could have been run in days. But at the moment, the British people don’t seem inclined to riot in the streets or start arresting Ministers.

That’s because corruption in public life is not perceived as a big issue in the UK, unlike in Zimbabwe. That is probably a reasonable stance today; but my fear is whether the public would notice or care if matters started getting worse.  The situation can decline rapidly, and once corruption becomes embedded, it is devilishly difficult to root out. Corruption is not the only cause of Zimbabwe’s decline in recent years, but it is certainly one driver of the economic woes the country has experienced.  So, even in nice, apparently honest western democracies, we need to “stay alert”, as somebody told us recently … 

(And of course there is much more about fraud and corruption in procurement in my new book,  “Bad Buying – How Organizations Waste Billions Through Failures, Frauds and F*ck-ups”, available to pre-order now).

A ”Ministerial Direction” sounds like a very dry and boring aspect of civil service bureaucracy, but that is far from the case. It happens when a government Minister in the UK (an elected politician) insists that their most senior civil servant (the “Perm Sec”) takes an action that the civil servant believes is against the principles of good value for the taxpayer.

Or, as the Institute of Government puts it, “Ministerial directions are formal instructions from ministers telling their department to proceed with a spending proposal, despite an objection from their permanent secretary”.

They are unusual; through the nineties and noughties, a couple a year was the average. There were more around the banking crisis, and we have seen a not unexpected flood of directions in recent months around Covid-related issues. But often, they are not really reflecting a genuine disagreement between the Minister and the mandarin. It is more that the spending can’t definitely be seen as good value, so the permanent secretary has to seek the direction to protect themselves, even if they are wholeheartedly in agreement with the Minister in terms of the actual action.

Much of the Covid spending in areas such as the furlough scheme for instance may prove to be poor value ultimately, and cannot be clearly justified upfront; but I suspect civil servants were right behind the Chancellor and fully supportive of the actions he took.

However, very occasionally you get a direction which reflects a real disagreement, where the Perm Sec is basically saying “I think this is a waste of money and I am doing it because you are forcing me to, you idiot”. Put in nicer words of course. And one such case came to light this week, relating to the UK investment in proposed purchase of OneWeb, a (bankrupt) start-up company whose ambition is to provide global broadband. $500m in equity investment is being considered to co-finance the purchase of OneWeb from US Chapter 11 bankruptcy proceedings.

Perm Sec at the Business Department, Sam Beckett, says in her letter to Alok Sharma, the Minister, that while in one scenario “we could get a 20 per cent return, the central case is marginal and there are significant downside risks, including that venture capital investments of this sort can fail, with the consequence that all the value of the equity can be lost”.

There is more in terms of the issues, and Beckett does recognise that this could prove to be an opportunity for the UK, but she feels this would be an unusual investment for a public body, and you have to wonder why it would be attractive for the UK government if it is not to other more experienced investors!

Is this Bad Buying though? Well, you could argue that we won’t know that until we see if OneWeb succeeds or fails. But actually, good decision making is NOT really related to outcomes.  If I make the decision to stand out on the golf course in a thunderstorm with my umbrella up, and I stay dry and don’t get hit by lightning, that does not make it a good decision. It was a bad decision, because based on the facts available at the time it was made, it was the wrong choice (assuming that staying alive is high on my priority list).  You might argue it was successful in terms of outcome, but it wasn’t right at the key moment.

Sharma’s reply says that “I have been informed that even with substantial haircuts to OneWeb’s base case financial projections the investment would have a positive return”. But other experts have suggested that the chances of success here are pretty low. One attraction of the investment is to provide an alternative space system for GPS services to the EU’s Galileo system (the UK is leaving the EU of course). But some believe the OneWeb satellites are not fit for that purpose (follow the link for more techie debate!)

The Guardian talked to Dr Bleddyn Bowen, a space policy expert at the University of Leicester, who said “the fundamental starting point is, yes, we’ve bought the wrong satellites.” (This from Forbes is a pretty balanced view of the technology issues if you want to get into more detailed pros and cons).

That Bowen comment sounds like “getting the specification wrong”, which is literally chapter one in my new book, Bad Buying, out in October.  A good spec as any procurement professional knows is an essential starting point to a successful contract.  So, whilst I don’t understand all the aspects of this, it looks like this is the wrong decision based on risk and opportunity.

It may of course turn out to be a successful decision in terms of outcome – but that still won’t mean it was the right decision, if the facts at this stage suggest a high probability that the UK taxpayer will lose out. And on that basis, we nominate it indeed as an example of Bad Buying.

Psssttt! Wanna buy a cheap consultant? Top quality, only £20 a day. Or, tell you what, you can have some for a tenner if you like. Yeah. Just £10 a day!

The UK’s central government procurement arm, Crown Commercial Services, has various frameworks in place that enable users to select and engage from a list of management consulting firms.  So how was it that the rate card for the different levels of consultants on certain “lots” includes the bargain rate of £10 a day for a junior consultant from one of the world’s very biggest and most highly regarded strategic consulting firms? Or how about the same rate for a junior and only £30 a day for a senior consultant from one of the big four audit / consulting giants?

What’s going on here? Well, it is almost certainly related to how the firms “gamed” the evaluation process in order to win a place on the framework list of approved suppliers. CCS has had some unhappy experiences with consulting frameworks, including having to pull an entire exercise in 2017 when it became clear that the big firms weren’t going to make it onto the list!

Generally, when price is evaluated in the tender (along with quality and other service factors), the buyer asks for day rates for the different levels of consultant – perhaps junior, senior, manager, director, partner. Then there is some sort of adding up process, maybe weighted to reflect different likely use of the different levels, to arrive at an overall cost.

So let’s suppose your rates are something like this,

Junior                    £1000

Senior                   £1200

Manager              £1400

Director                £1800

Partner                 £2400

Let’s also suppose that the buyer is weighting each at 20% to arrive at a composite average rate – in our case here, that would be £1560 per day.

I might worry as a bidding firm that such a number could be on the high side. So how can I adjust that, without actually reducing my profit margins (and hitting my £600K a year partner’s salary)? Well, we are unlikely to be putting many Partner level people into these projects, particularly for government work. So we can take a bit of a hit on that rate. And as for juniors – well, let’s just work on the basis that when the Department for Internal Affairs comes looking for a proposal, we’ll say we haven’t got any available. Let’s face it, clients don’t really want the graduate trainees who can barely run a spreadsheet anyway.

But we might want to up the middle levels a bit to recover the lost margin on Partners, as that is where we really will be supplying people. So how about this?

Junior                    £0 (free!!)

Senior                   £1300

Manager              £1500

Director                £1800

Partner                 £2000

Our average rate now is £1320. That’s a 15% improvement in overall pricing and a lot more marks when it comes to the evaluation. And in reality, the likely revenues if anything might be a touch higher.

So why did CCS allow this to happen in this particular case? Well, it might have been difficult to stop – you can reject “unfeasibly low” bids under EU procurement regulations but the overall prices aren’t unfeasible. And of course CCS desperately wanted these firms on their list, so users will access the contract and CCS will make their margin, which funds the organisation.

Maybe all this doesn’t really matter, but it is worth remembering the lengths and the creativity that the partners in these firms will go to in order to protect their £500,000 – £1 million+ annual salaries. But do think carefully about your evaluation process if you want to avoid this sort of game-playing.

Finally, if you want to hear more interesting stories about buying professional services, positive and negative, I’m a keynote speaker at a (free) virtual conference on that topic organised by Matrix MM on Tuesday next week, 21st July. More details here!

In an unusually hard-hitting report dated July 10th, 2023, the UK’s National Audit Office criticised the home insulation scheme introduced in 2020 by the then-Chancellor, Rishi Sunak. 

The first problem, says the report, was that the huge increase in demand for the services such as roof and cavity wall insulation caused “significant inflation in the market”.  That could have been foreseen; just as the massive leap in demand for PPE (personal protective equipment) during the Covid-19 pandemic caused prices to rise by a factor of 10, the money flowing into the insulation scheme had similar (if not quite such dramatic effects). That “could easily have been predicted”, says NAO, and in itself cost the taxpayer hundreds of millions.  

But the bigger problem was fraud carried out by the building firms involved, sometimes independently of their customers and sometimes with the two parties collaborating to rip off the government.

In many cases, the firms quoted far more than the fair market price of the work, telling the customer not to worry because the government would pay, and the installer would then make a payment to the householder as a “thank you”. The firms then relied on the government not having either the resource or the skills to check whether the price quoted was reasonable or not.

The more sophisticated fraud saw builders and homeowners putting in claims, and then splitting the money without the work actually been done, or after much lower value work was carried out.  Whilst the government claimed that it would be carrying out spot-checks, “in practice, so few were done that this did not prove to be a serious deterrent”, says the NAO.  Some checks were carried out by email or phone, “making it easy householders to obscure the truth”.  It took the NAO’s own highly-trained mobile squad of unarmed-combat-expert investigators to “extract the truth” as the report puts it, assuring us that there were very few serious injuries to the team or to citizens.

In other cases, homes already had insulation, so even with inspection it was difficult to prove whether or not the work had not been done as part of this programme.  There were also several cases of “insider fraud”, where the staff handling the voucher scheme (working for the outsourced service provider) colluded with outsiders to fraudulently obtain money.

The Treasury and the Department for Home Insulation responded saying that “the scheme was largely successful, and over 2 million households have benefited from it”. But there has been no measurement of the effect on emissions or on costs for homeowners because the scheme did not “baseline” the starting point, another failing highlighted in the NAO report.  At Prime Minister’s Questions today, Boris Johnson described the scheme as a “spiffing great success”, and said “ we can celebrate that the unprecedented toasty warmth of the Englishman’s house and home has been assured for the centuries”.

OK, this is fantasy of course. But my cynical, suspicious mind looks at schemes like the new home insulation grants, announced by Sunak yesterday, and immediately starts looking for the holes that might allow fraud and corruption. (And if you don’t think governments ever get this sort of thing wrong, do check out the Northern Irish Renewable Heat Incentive scandal).

It’s all about incentivisation really – how the firms and the householders perceive the incentives that influence their behaviour. And if there are incentives for behaving badly (committing fraud), then you have to put in place measures to stop that, because people do respond to incentives.

Indeed, I have a whole chapter on that in my new book, Bad Buying – How Organisations Waste Billions Through Failures, Frauds and F**k-ups (to be published in October by Penguin Books).  So  I do hope the government doesn’t rush into this without getting a few cynical bas**ds like me to look for the loopholes and the opportunities for fraud! The scheme is not necessarily a bad idea, but there’s a lot of taxpayers’ money at stake here.

Is that expensive “sea bass” in the restaurant, or that you buy as “Category Manager – Fish” for a frozen food manufacturer –  really sea bass? Or is it a cheaper product? Or even something that should not be sold at all, an endangered fish species perhaps. What about those electrical components? Are they genuine, made by the reliable firm whose name is on the case, or are they counterfeit, bad quality products from an obscure plant in an obscure country?

There is a whole category of procurement-related fraud that is based on buyers not getting what they thought they were paying for, and you won’t be surprised to know that a chapter in my forthcoming book  “Bad Buying: How Organisations Waste Billions Through Failures, Frauds and F**k-ups” covers that very topic.

There are some pretty surprising cases too. Even bulk oil shipments can lead to issues, as there was a court case some years back based on a very large firm shipping oil that was apparently lower grade than the specification agreed with the buyer. So as in that case (or indeed the sea bass example), it can be very difficult to know if you are getting something genuine. Understanding the provenance of what you are buying is key – but not always easy.

However, a story this week from Moldova made even my jaw drop. The “counterfeit” goods in this case are … helicopters! Balkan Insight website reported this.

“The Moldovan Prosecutor’s Office for Combating Organised Crime and Special Cases and investigators from the Police General Inspectorate closed a clandestine factory in the Criuleni area near the Dniester river in the east of the country on Tuesday that was producing copies of Kamov KA-26 Soviet-type helicopters”.

The helicopters were destined to be illegally exported to other ex-soviet countries, and were “produced without the necessary permits and documents of origin for the parts and equipment used.”

 It is not clear whether the buyers knew they were getting unauthorised machines (but presumably at a lower price than the “real thing”) or whether they though the items were genuine. It also raises questions of safety of course. Were they actually made to the right specification, but the manufacturer was acting without the right permissions, or might the helicopters have proved dangerous as well as dodgy?

Anyway, this certainly qualifies as a prime case of Bad Buying, and one of the more interesting cases of what we might call “provenance fraud”. It also has confirmed my personal vow never to step into a helicopter again. I did once, from the centre of New York out to the airport, and while it was an “interesting” experience, it was also a “never again” moment!