Improving Public Perceptions by Instilling Objectivity in Decisions to Waive Procurement Regulations

Abstract

The general public often perceives the government to be bureaucratic. One reason is that the public perceives that the government too rigidly enforces laws and regulations or that favoritism or bias influences decisions to make exceptions or waivers of rules. Although observed in various contexts, such perception is particularly evident in government contracting and procurement. This perception can erode the public confidence in government; thus, improving the public's perception is paramount. An approach to this perception problem involves instilling objectivity in a government decision to make an exception or waiver of a procurement rule or regulation. Analytical techniques can be used to evaluate the decision of whether or not to waive a particular procurement rule or regulation. Granted, a waiver may be unnecessary in exigent circumstances (where life or health is in imminent danger) because procurements under such exigent circumstances are often exempt from application of procurement rules. Yet, absent such exigent circumstances, a waiver of a particular regulation may require a formal exception by an administrative body, an executive, a court-issued injunction, or even legislation.