Translating resource revenues into effective services & infrastructure
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Translating resource revenues into effective services & infrastructure Midterm evaluation of the Open Contracting Partnership’s work funded by the BHP Foundation Summary report André Petheram Scarlet George Walter Pasquarelli Natalia Carfi Loren Treisman Richard Stirling September 2020 1 — EXECUTIVE SUMMARY
Table of Contents 3 Executive summary 20 Recommendations 3 Introduction 25 Conclusion 4 Project findings 4 Impacts 26 About 4 Intermediate outcomes 26 Oxford Insights 5 Obstacles to future 26 Open Contracting progress Partnership 6 Our recommendations 27 Annex 1: to OCP the development of the 7 Conclusion BHP Foundation project 8 Introduction 27 2017 10 Methodological note 27 2018 28 2019 11 Progress since 2017 30 2020 11 Impact areas 13 Outcomes identified 17 Barriers to progress since 2017 2 — EXECUTIVE SUMMARY
Executive summary INTRODUCTION In March 2020, Oxford Insights was contracted Moreover, we have traced a range of very to conduct a midterm evaluation of the Open strong intermediate outcomes that show Contracting Partnership (OCP)’s work under civil society organizations (CSOs), journalists, the Translating Resource Revenues Into businesses and government officials engaging Effective Services & Infrastructure project.1 This intensively with public contracting issues, in is a project funded by the BHP Foundation many cases by using the open contracting (BHPF), running from the end of 2017 until data being disclosed. There is a tangible 2022. It supports OCP’s work in an initial fifteen commitment to further and deeper reforms. countries, with three more later added to the project.2 It is intended to: “transform public By building on the recommendations contracting in resource rich countries through in this report, we expect that OCP will ‘open contracting’ to promote: successfully be able to achieve its planned- for further impacts in the remaining years i) accessible, user-friendly open data of the Translating Resource Revenues Into along the entire ‘deal flow’ of public Effective Services & Infrastructure project. contracts; and This evaluation considers OCP’s work in: ii) better business and civic engagement to put that data to work across — Chile; government.”3 — Colombia (national government); — Argentina (federal government); At the midpoint of the project, OCP’s — the City of Buenos Aires; progress towards these goals has been — the UK (central government); considerable. — Afghanistan; — Nigeria (federal government); Firstly, OCP has noted impact in two — Australia; areas that clearly demonstrate how open — Honduras; contracting data can be put “to work across — Mexico (federal government), and, government” to design more effective — Mexico City. approaches to procurement. We would like to acknowledge the BHP Foundation for being a funder of this project. 1 BHP Foundation. Project summary: Translating Resource Revenues into Effective Services & Infrastructure. https://www.bhp.com/-/media/documents/community/bhpfoundation/190507_bhpfoundation_translatingre- sourcerevenuesintoeffectiveservicesinfrastructure.pdf?la=en 2 The initial grant document lists fifteen countries: Argentina, Canada, Chile, Colombia, Honduras, Mexico, the USA, Ghana, Kenya, Nigeria, Sierra Leone, Tunisia, Afghanistan, Australia and the United Kingdom. Ecuador, Ethiopia, and Malaysia were added to the project at a later date; see Open Contracting Partnership (2017). Full proposal for the BHP Billiton Foundation. https://drive.google.com/file/d/1UoMInK8jdcINoJMyIaaM8jkCYct3yLGx/view 3 Open Contracting Partnership (2017). Full proposal for the BHP Billiton Foundation. https://drive.google.com/ file/d/1UoMInK8jdcINoJMyIaaM8jkCYct3yLGx/view, p.4. 3 — EXECUTIVE SUMMARY
PROJECT FINDINGS IMPACTS We believe that future impacts, meanwhile, are most likely to emerge in the areas of: OCP has seen impact in two areas during the BHP Foundation project, both in — Healthcare and infrastructure and Colombia: construction (that is, capital projects, where the physical results are visible to — Firstly, using open contracting data to the public), most consistently identified re-design the procurement of school by interviewees as promising use cases meals in Bogotá has seen the number for additional attention, and; of suppliers of school meals rise from — Open Contracting Lift projects,6 12 to 55, and resulted in savings of 10- where focused theories of change 15%.4 contain clearly-defined metrics through which OCP expects to show impact, — Secondly, among entities using as a result of sustained action by Colombia’s transactional and government and CSO partners. transparency-focused e-procurement system, SECOP II, competition increased between 2018 and 2019. INTERMEDIATE OUTCOMES The average number of bidders for individual tenders rose by 21% over Beyond these actual and possible areas this time. Meanwhile, more potential of impact, we noted multiple areas of suppliers tried to offer business to progress made against OCP’s aims to open the government, with the number of more data and “put it to work.” Across the tenderers rising from 6571 to 7443.5 project,7 these can be summarised thus: The procurement agency Colombia Compra Eficiente (CCE) used 1 OCP has contributed to 16 publishers contracting data to carefully track from BHP Foundation project countries competition levels, while also setting opening up contracting data in a format out guidance on increasing competition that meets the Open Contracting Data to government agencies. Standard (OCDS), important steps towards encouraging data use; 2 OCP has fostered a clear awareness of the value of open contracting data within civil society, journalism, government, and beyond, meaning that there are, 4 Open Contracting Partnership (2018). The deals behind the meals. https://medium.com/open-contracting-stories/ the-deals-behind-the-meals-c4592e9466a2 5 Open Contracting Partnership (2020). Open for business: Colombia’s data-driven procurement reforms increase competition. https://www.open-contracting.org/2020/07/16/open-for-business-colombias-data-driven-procure- ment-reforms-increase-competition/. 6 See https://lift.open-contracting.org/. 7 This list does not exhaust every outcome we tracked in all locations: we identified many more that were not as common across the project. For example, in Nigeria, there is evidence of stronger collaborative relationships between CSOs working on open contracting, and between CSOs and government. There is also growing trust between CSOs and government in Afghanistan. 4 — EXECUTIVE SUMMARY
to some extent, stronger systems of OBSTACLES TO FUTURE accountability within countries; PROGRESS 3 Investigations based on contracting data that have been supported, funded, Despite these successes, a number of or influenced by OCP have resulted in obstacles remain. The most problematic distinct changes in government policy are that: or personnel; 1 OCDS is often regarded as difficult to 4 Partly as a result of OCP advocating implement and too complex for regular for open contracting data, providing use, and partners are not always technical support for its disclosure, and persuaded of its value; persuading officials of its benefits, new cultures of transparency are potentially 2 In some cases, there are problems growing within certain governments; with how government entities input data into procurement 5 OCP country managers have built reporting systems and procurement strong interpersonal relationships with management information systems, their partners, making them trusted and meaning that the data ultimately responsive advisors; and, published is low quality or incomplete; 6 During the coronavirus pandemic, 3 It is not always clear what useful CSOs and journalists have paid “corrective action” looks like, especially intensive attention to emergency in terms of using data as the basis for procurement, in some cases using pursuing savings or managing contracts newly-released data to conduct more effectively; and, investigations. 4 Political changes threaten the development of open contracting reforms. 5 — EXECUTIVE SUMMARY
OUR RECOMMENDATIONS TO OCP In relation to its general work in BHPF 5 Introduce more sector-specific and countries, we recommend that OCP should: procurement-specific expertise to support data use within 1 Clarify the most promising specific government, so that government and local uses for open contracting officials directly see the value of data in each country, and promote open contracting data. them as priorities for future impact 6 Invite partners to document and with local partners. then submit individual cases of 2 Collaborate with in-country governments taking specific partners to write local theories decisions (“corrective actions”) of change, focusing on specific because of people using open impact areas and identifying the contracting data, allowing OCP data that will show progress and to publicize these as appropriate. impact (that is, set out local key Examples might include performance indicators, or KPIs). governments resolving problems on 3 Focus on making clearer arguments infrastructure projects or canceling for introducing the Open Contracting tenders, as a result of internal data Data Standard (OCDS), as people use or civil society pressure. sometimes doubt its value. 7 Prepare specific strategies for 4 Prioritize funding and supporting dealing with political disruptions new tools and platforms through and changes of administration, so which open contracting data that reforms are not reversed. can be accessed by people 8 Conduct research into “cultural without expertise in data analysis, change” within government, so that there are more “data whereby officials become intermediaries” in focus countries. significantly more understanding of the value of transparency, with data publication becoming habitual and normalized. 6 — EXECUTIVE SUMMARY
CONCLUSION None of the obstacles we identified during CSOs consistently collaborate to improve our evaluation are insurmountable. In most data quality and to identify problems, and cases, OCP is already taking strong action. when government officials habitually use open The team is widening their focus and contracting data as an invaluable part of their investments to ensure that their partners have own decision-making. access to high-quality data - and crucially, information - and have the tools they need There is progress here. Governments are to tell compelling stories about government indeed introducing new, data-based systems contracting. And the coronavirus pandemic within their procurement processes. But has revealed a strong global audience for supporting different use cases inside and procurement issues, with many more actors outside of government is a delicate balancing conducting investigations into contracting act. Every data point that a procurement issues than we would have been able to officer willingly discloses becomes, in theory, interview in this evaluation. raw material for a scandal uncovered by an investigative journalist. How OCP manages Despite these varied successes, there is still this tension across its various engagements a risk that government leaders primarily see will be crucial to achieving impact in the open contracting as a means by which citizens remaining years of Translating Resource can hold them to account, and therefore as a Revenues Into Effective Services & threat to them. Open contracting will become Infrastructure. truly sustainable when governments and Since March 2020, we at Oxford Insights 7 — EXECUTIVE SUMMARY
Introduction have conducted a midterm evaluation of — improved public integrity; and/or, the Open Contracting Partnership (OCP)’s — increased business competition. project funded by the BHP Foundation (BHPF) under the Translating Resource Crucially, OCP aims to demonstrate Revenues Into Effective Services & “documented impact” in these areas when Infrastructure project.8 The project runs the program is complete. OCP defines impact from the end of 2017 until 2022, supporting precisely: it requires “quantitative results OCP’s work in eighteen countries.9 It is through rigorous evaluative measurement intended to “transform public contracting such as hard data analysis.”11 in resource rich countries through ‘open contracting’ to promote: As the BHPF project is at its midpoint, OCP does not expect to see the full range of i) accessible, user-friendly open data impacts that are projected to result from along the entire ‘deal flow’ of public its interventions. OCP’s grant agreement contracts; and sets out an expectation of one instance of ii) better business and civic engagement impact in year two of its BHP project - that to put that data to work across is, before this evaluation - with one instance government.”10 of further impact appearing in years three and four each, and two in year five. OCP Over the five years of the BHP Foundation demonstrated impact in Colombia in year project, OCP expects that, when open one of the BHP project, with new and contracting data is used by businesses, open procurement processes leading to an governments and citizens, this will result in: increase in the number of suppliers of school — improved service delivery; meals to the Bogotá Education Secretariat.12 — better value for money; No new impact emerged in year two. During this evaluation, in year three of the BHP project, OCP identified impact in a second 8 BHP Foundation. Project summary: Translating Resource Revenues into Effective Services & Infrastructure. https:// www.bhp.com/-/media/documents/community/bhpfoundation/190507_bhpfoundation_translatingresourcereve- nuesintoeffectiveservicesinfrastructure.pdf?la=en. 9 The initial grant document lists fifteen countries: Argentina, Canada, Chile, Colombia, Honduras, Mexico, the USA, Ghana, Kenya, Nigeria, Sierra Leone, Tunisia, Afghanistan, Australia and the United Kingdom, with Ecuador, Ethiopia, and Malaysia added to the programme at a later date; see Open Contracting Partnership (2017). Full proposal for the BHP Billiton Foundation. https://drive.google.com/file/d/1UoMInK8jdcINoJMyIaaM8jkCYct3yLGx/ view. 10 Open Contracting Partnership (2017). Full proposal for the BHP Billiton Foundation. https://drive.google.com/ file/d/1UoMInK8jdcINoJMyIaaM8jkCYct3yLGx/view, p.4. 11 Open Contracting Partnership (2019). 2019-2023 Strategy. https://www.open-contracting.org/wp-content/ uploads/2019/05/OCP-strategy-19digital.pdf, p.28. 12 Open Contracting Partnership (2018). The deals behind the meals. https://medium.com/open-contracting-stories/ the-deals-behind-the-meals-c4592e9466a2. 8 — INTRODUCTION
case in Colombia, seeing an increase in competition among suppliers using the SECOP II procurement system.13 Beyond these impacts, this evaluation examines what short-term outcomes have resulted from OCP’s activities. It also asks a) whether there is qualitative or anecdotal evidence of additional impacts that are already emerging and b) what areas OCP should focus on in the future to foster and trace impact. In this public report, we summarise our findings and recommendations across all the locations we evaluated. We have also submitted detailed country-focused reports to OCP to help guide their decisions in upcoming years. 13 Open Contracting Partnership (2020). Open for business: Colombia’s data-driven procurement reforms increase competition. https://www.open-contracting.org/2020/07/16/open-for-business-colombias-data-driven-procure- ment-reforms-increase-competition/. 9 — INTRODUCTION
METHODOLOGICAL NOTE We began our evaluation in March 2020, Our main research was qualitative: we delivering the final report on 31 August 2020. conducted desk research and over 50 semi- As far as possible, we captured outcomes structured interviews between March and and events as they continued to emerge August 2020. At the start of the project, during the course of the review. The main we considered the viability of quantitative reason for this was to include developments research (that is, analyzing numerical in open contracting resulting from the 2020 procurement outcomes across locations, coronavirus pandemic. While the interviews seeking to identify areas of impact), but for our main evaluation largely concluded agreed that this would likely duplicate much at the beginning of June 2020, some of of the ongoing work conducted by OCP’s our findings relate to investigations ongoing own data analysts. during August 2020. We therefore evaluated OCP’s work during the period between Due to the ongoing 2020 coronavirus 27 November 2017 (when the BHP grant pandemic, we held interviews remotely, agreement was signed) and 24 August 2020 having initially planned to travel to selected (the start of the week of our final review of the countries. We sought interviewees from report). across sectors and organizations, including OCP country managers, OCP’s civil society At the start of the project, we worked partners, journalists and civil servants. At with OCP to narrow down a list of focus the very least, we wanted to ensure a good countries from among the fifteen original balance of government and civil society project countries, to allow in-depth analysis interviewees. A limitation of our evaluation in the time available for our evaluation. This is the very small number of private sector evaluation is therefore based on research interviewees that we reached. relating to: Finally, once we had drafted our reports, — Chile; we shared summary versions with our — Colombia (national government); interviewees, inviting them to add comments, — Argentina (federal government); point out errors, and suggest new directions — the City of Buenos Aires; for OCP, before incorporating these into our — the UK (central government); final reports. — Afghanistan; — Nigeria (federal government); — Australia; — Honduras; — Mexico (federal), and, — Mexico City. 10 — INTRODUCTION
Progress since 2017 IMPACT AREAS OCP defines “impact” carefully, as nature and variety of suppliers. With the measurable quantitative change in: new framework agreements in place, and information regarding the new contracts “indicators tracked to measure made transparently available via the SECOP improved service delivery, better value II platform, Bogotá saw a fourfold increase for money, improved public integrity, in the number of direct suppliers of school or increased business competition meals, and savings at around 10-15%.15 from public spending because of open contracting”.14 OCP was not directly involved in this reform: it was solely due to CCE and Bogotá’s They have identified two impacts in the BHPF education secretariat, we heard. Nevertheless, project, both in Colombia. this was a crucial early demonstration of open contracting’s possibilities. 1 Using open contracting data to re- design the procurement of school 2 Among entities using Colombia’s meals in Bogotá has seen the number transactional e-procurement system, of suppliers of school meals rise from SECOP II, competition increased 12 to 55, and resulted in savings of between 2018 and 2019. 10-15%. By analyzing data from SECOP II released As reported in April 2018, the Colombian according to the Open Contracting Data procurement agency Colombia Compra Standard (OCDS), OCP determined that Eficiente (CCE) and Bogotá’s education between 2018 and 2019: secretariat established two framework agreements: one for foodstuffs and one to — the average number of bidders for open assemble and distribute the meals. Using tenders rose by 21%; contract data captured in Colombia’s — more potential suppliers tried to offer SECOP II procurement system, CCE and the business to the government, with the education secretariat were able to understand number of tenderers rising from 6571 to what minimum and maximum prices should 7443; and, be. They also gathered information on the — direct awards fell from 77% of all awards to 71%.16 14 Open Contracting Partnership (2017). Full proposal for the BHP Billiton Foundation. https://drive.google.com/ file/d/1UoMInK8jdcINoJMyIaaM8jkCYct3yLGx/view, p.41. 15 Open Contracting Partnership (2018). The deals behind the meals. https://medium.com/open-contracting-stories/ the-deals-behind-the-meals-c4592e9466a2. 16 Open Contracting Partnership (2020). Open for business: Colombia’s data-driven procurement reforms increase 11 — PROGRESS SINCE 2017
During this time, CCE used its contracting works projects as well as building data to track progress against its targets, schools, for example) as especially while also offering guidance to government promising areas. agencies on increasing competition, and — Work in Chile to identify irregularities providing advice to suppliers on how to in healthcare procurement has submit strong tenders. They published already contributed to a change monthly public reports on their progress.17 in leadership in the healthcare buying agency CENABAST, and There are some caveats here: only around ongoing monitoring of coronavirus 10% of national and subnational public procurement has drawn the procurement runs through SECOP II. The attention of the National Economic changes only appear between two years; Prosecutor’s office.18 It will be there is insufficient data on previous years. fascinating to know whether Moreover, emergency procurement during measurable systematic changes 2020 because of the coronavirus pandemic follow in the next two years. will presumably push the proportion of direct awards upwards again. OCP will — In Nigeria, Afghanistan and need to distinguish emergency and non- Honduras there are strong cultures emergency procurement in 2020 to continue of citizens monitoring infrastructure to measure further changes in competition. and construction projects. Using Nevertheless, it has worked closely with OCDS or the Open Contracting CCE over the years of the BHPF project, for Infrastructure Data Standard providing support on technical elements (OC4IDS) to support grassroots of data disclosure and offering examples accountability initiatives is an of best international practice, for example. opportunity to focus on the effects of OCP can therefore fairly claim to have widespread data use. contributed to this impact. — Open Contracting Lift projects have clearly-defined metrics through 3 We identified further areas with which OCP expects to show impact.19 strong potential for future impact in An interviewee in Buenos Aires, upcoming years. where increased SME participation in government contracts is the goal, said — Sector-specific impact is a strong that they believed that this trend was possibility. Across all our interviews, indeed underway. interviewees most commonly identified healthcare and infrastructure and construction (that is, capital expenditure, including large public competition. https://www.open-contracting.org/2020/07/16/open-for-business-colombias-data-driven-procure- ment-reforms-increase-competition/. 17 Ibid. 18 Albert, C. and Jara, M. (2020). Los datos que analiza la FNE por posible colusión: sector público paga $500 por mascarillas que antes costaban $13. CIPER. https://ciperchile.cl/2020/06/18/los-datos-que-analiza-la-fne-por- posible-colusion-sector-publico-paga-500-por-mascarillas-que-antes-costaban-13/. 19 See https://lift.open-contracting.org/. 12 — PROGRESS SINCE 2017
OUTCOMES IDENTIFIED 1 OCP has contributed to 16 publishers A wide range of interviewees drawn from from BHP Foundation project countries civil society, media organizations and opening up contracting data in a format civil services, emphasized how the Open that meets the Open Contracting Data Contracting Partnership has, through its Standard (OCDS), important steps in-country workshops, international learning towards encouraging data use. events, articles and in-person advice, helped them understand the potential Over the years of the BHP Foundation grant, and affordances of open contracting, and OCP has contributed to multiple countries what specific discoveries can be made by opening data according to OCDS. We analyzing open contracting data. stress that this is a crucial outcome. The existence of extensive and high-quality open Where journalists have shown interest in open data remains an important condition for any contracting, OCP has funded collaborative progress on data use.20 events across countries; then, when ideas for specific investigations have emerged, OCP Interviewees told us that OCDS offered a has offered feedback on their ideas (the Red discrete and tangible goal that governments PALTA journalist network, for example). In could work towards, seeing a clear reward some governments and oversight or audit in the fact of having implemented it. OCP bodies, advice from OCP is supporting has advocated for its introduction in decisions on what metrics to track to discussions with senior civil servants, shown understand irregularities in procurement its possible uses and impacts, and supported (Chile and Colombia, for example). implementation by offering technical help (mostly through the OCDS Helpdesk) and Some interviewees even went on to say that advice on how to overcome political challenges. “journalists and citizens are demanding more They have also provided support to CSOs and openness” (the City of Buenos Aires): or private sector actors successfully campaigning that, before open contracting, “there was a for governments to introduce OCDS.21 sense of subservience” among the public, but that they are now more expectant of good 2 OCP has fostered a clear awareness government (Nigeria). It is not yet clear how of the value of open contracting widespread this effect is, however. data within civil society, journalism, government, and beyond, meaning Accountability, in this context, refers to: that there are, to some extent, stronger systems of accountability — more press coverage of contracting within countries. issues; 20 ‘Extensive and high-quality’ can broadly be taken as meaning: a large proportion of procurements disclosed in OCDS, including a large proportion of buying entities; data covering multiple years; data on all five procurement stages included; few missing data fields; and, few errors in data inputs. 21 The 16 publishers currently listed by OCP are: Afghanistan: National Procurement Authority; Argentina: Gobierno de la Ciudad de Buenos Aires; Argentina: Dirección Nacional de Vialidad; Australia: Department of Finance; Australia: New South Wales; Canada: Montreal; Chile: ChileCompra; Colombia: Colombia Compra Eficiente; Honduras: Comisión para la Formación de la Alianza Público-Privada; Honduras: Oficina Normativa de Contratación y Adquisiciones del Estado; Kenya: Makueni County; Mexico: Jalisco - Secretary of Planning, Administration, and Finance; Mexico: Nuevo León (OCDS & OC4IDS); Mexico: QuienEsQuien.wiki; United Kingdom: Crown Commercial Services; United Kingdom: Scotland - Scottish Procurement and Commercial Directorate. 13 — PROGRESS SINCE 2017
— civil society organizations undertaking In Chile, for example, following a project more targeted and informed funded by OCP to investigate competition investigations of government in procurement, Observatorio Fiscal looked contracting; deeper into health procurement. They noticed — government officials understanding that multiple purchases being directed towards open contracting data can be used GlaxoSmithKline, the former employer of the to correct problems in procurement director of the health procurement agency, (“internal” accountability). CENABAST. He was asked to resign after the story became public.22 The next step is ensuring that this data use systematically leads to governments and In the United Kingdom, Tussell, a private oversight or audit bodies taking corrective company that tracks the UK’s OCDS data and actions to improve procurement systems: that the EU’s Tenders Electronic Daily data, noticed is, that the feedback loops are completed. that a contract for marine freight shipping had There are some very good instances of been awarded to a company with no ships. governments responding to specific issues The contract was canceled after sustained identified by journalists or officials, but this is, public attention. OCP published a use story broadly, not yet routine or formalized. soon after the event, demonstrating a strong response to this kind of case.23 3 Investigations based on contracting data that have been supported, funded 4 Partly as a result of OCP advocating or influenced by OCP have resulted in for open contracting data, providing distinct changes in government policy technical support for its disclosure, or personnel. and persuading officials of its benefits, new cultures of transparency are CSOs, journalists and the private sector have potentially growing within certain identified clear irregularities in procurement governments. by using open contracting data. These cases amount to an impressive set of examples. Some interviewees (in Afghanistan, Buenos They clearly show how contracting data is Aires, Colombia, Honduras, and Nigeria, being used by a range of stakeholders to for example) commented that a focus on hold governments and officials to account, open contracting has normalized the concept with governments then resolving inefficiencies of transparency, or created a “shift in culture” and instances of corruption. In some cases, in government. these investigations were directly inspired and supported by OCP; in others, they In Afghanistan, various people said that emerged independently of OCP but clearly the concept of releasing data is no longer demonstrated what can be done with controversial in certain agencies or within contracting data. the “political elite”; a remarkable shift within a historically opaque bureaucracy. 22 Elgueta, E. (2019). Irregularidades en Cenabast finalmente hacen caer a Juan Carlos Corbeaux. El Mostrador. https:// www.elmostrador.cl/mercados/2019/06/14/el-primer-cortado-de-la-nueva-era-manalich-en-el-minsal-ministro-sa- ca-a-juan-carlos-corbeaux-de-la-cenabast/. 23 Evans, M. (2019). How we uncovered a controversial Brexit contract using open contracting data. Open Contracting Partnership. https://www.open-contracting.org/2019/02/25/how-we-uncovered-a-controversial-brexit-contract/. 14 — PROGRESS SINCE 2017
This change began before OCP’s work future engagements - and future OCP hires in the country, but recent focus on open - recognizing and developing this element of contracting has possibly intensified it. One success will be crucial. person argued that open contracting has the potential to transform the nature of However, this observation also reflects governance in Afghanistan, bringing an a potential vulnerability: if OCP is less emphasis on participatory policy-making by accessible in certain countries due to encouraging citizen oversight of government, capacity constraints, how can it ensure and challenging officials’ “topdown” that its partners take on and develop this assumptions. In Colombia, an interviewee persuasive and advisory interpersonal role?24 said that introducing OCDS had embedded OCP should consider that its remit for training the principle of transparency in government; and documentation might include offering in Buenos Aires, the understanding of the strategies for trust-building and interpersonal importance of open contracting has strongly advocacy. increased across agencies. 6 During the coronavirus pandemic, The depth and precise nature of this OCP partners in civil society and the change is worthy of further research, as it is media have paid intensive attention potentially a significant outcome of OCP’s to emergency procurement, in some and its partners' work. cases with direct OCP support, while some partner governments have also 5 OCP country managers have built taken care to maintain transparency strong interpersonal relationships with principles during the pandemic. their partners, making them trusted and responsive advisors. The coronavirus pandemic has demonstrated that there is a large and diverse set of This was a common theme, and should not users for contracting data, across OCP’s be underestimated. Multiple interviewees BHPF focus countries. In some cases, across various countries (including Chile, procurement agencies have moved quickly Nigeria, and the United Kingdom) to release coronavirus-specific contracting emphasized the ease of communicating data through dedicated portals (Colombia with OCP country managers, making OCP a Compra Eficiente25, ONCAE in Honduras26, regular reference-point for problem-solving and AGEOPS in Afghanistan, for example27) and advice on specific issues. This implies and websites (Nigeria’s Bureau of Public that much of OCP’s broad success is due to Procurement28). Other publishers have individuals’ credibility in informal settings. For been less proactive, notably in the UK, 24 Of course, in many cases OCP partners will be taking on this role, but it will be fruitful for OCP to carefully focus on what this involves and how to support it further. 25 Colombia Compra Eficiente (2020). Herramienta de Control Ciudadano COVID-19. https://app.powerbi.com/ view?r=eyJrIjoiMGQ5YTkwNzItZWVhMC00ZTgxLWJmYzgtODE1NWE0ZGZmNDVkIiwidCI6IjdiMDkwNDFlLTI0NTEt- NDlkMC04Y2IxLTc5ZDVlM2Q4YzFiZSIsImMiOjR9. 26 ONCAE (2020). Observatorio de Precios para Insumos de la Emergencia. http://oncae.gob.hn/observatorio. 27 NPA (2020). AGEOPS, COVID-19. https://ageops.net/en/procurement-procedure/contract/progress/search?tag_ id=1&page_size=10&page_index=2. 28 BPP (2020). NOCOPO/COVID-19 EMERGENCY PROCUREMENT. https://nocopo.bpp.gov.ng/ContractReportCovid19.aspx. 15 — PROGRESS SINCE 2017
where ministries have been criticized for not and II procurement systems for it to be following requirements that contract notices usable. In Nigeria, though, the Bureau of for direct awards be published 30 days after Public Procurement (BPP)’s simple list of the award.29 coronavirus-related contracts has been used by investigative journalists from Dataphyte OCP has arguably contributed to and the International Center for Investigative procurement agencies’ steadfastness on Reporting to identify unregistered companies transparency principles during the crisis. receiving government contracts.31 For example, Colombia Compra Eficiente’s guidance to procuring entities directly Investigations into coronavirus-related refers to OCP advice on the importance contracting have prompted governments of transparency during emergency and oversight agencies to take action on procurement.30 In other cases, OCP has, over irregularities. In Argentina, La Nación Data years, consistently encouraged procurement reported on suspiciously high prices being agencies to disclose data. Coronavirus paid for foodstuffs during the pandemic,32 contracting transparency can be understood leading to 15 officials’ being dismissed from as a spillover effect of this advocacy. the Ministry of Social Development.33 In Chile, the Investigative Journalism Center (CIPER) The coronavirus-specific data released has documented the government paying CLP$500 not always been directly useful for data users, per unit for masks that used to cost $12.80 however. In Colombia, we heard from one per unit. The National Economic Prosecutor’s investigative journalist that it was easiest office is opening a preliminary investigation.34 to build their own contracts database by manually inputting information from PDFs These cases show how, during the of contracts. While CCE’s coronavirus pandemic, the feedback loops between transparency portal did help them identify data disclosure, data use and authorities’ what contracts they wanted to examine, reactions have accelerated. It is possible that they could not download data from it directly. coronavirus has strengthened these feedback Moreover, there were too many errors in loops, and deepened the global market for the data downloaded from the SECOP I contracting data use. 29 Kinder, T. and Plimmer, G. (2020). UK government paid £1.7bn to private groups for coronavirus contracts. Financial Times. https://www.ft.com/content/7fe7c2d5-24df-431b-9149-50417fa0236a. 30 Colombia Compra Eficiente (2020). Guía de Transparencia en la Contratación Estatal Durante la Pandemia del Covid-19. https://www.colombiacompra.gov.co/sites/cce_public/files/cce_documentos/v5_guia_de_transparencia_ en_la_contratacion_en_la_pandemia_covid-19.pdf, pp.3-5 31 ICIR. (2020). INVESTIGATION: COVID-19 response projects worth N534.98 million awarded to unverified contractors. https://www.icirnigeria.org/investigation-covid-19-response-projects-worth-n534-98-million-awarded-to-unveri- fied-contractors. 32 Cabot, D. (2020). Total, paga el Estado. La ineficiencia en las compras que genera sobreprecios y corrupción. La Nación Data. https://www.lanacion.com.ar/economia/total-paga-estado-la-ineficiencia-compras-genera-nid2353052. 33 Pallaro, B. (2020). Compras del Estado. Entre la falta de transparencia y la ausencia de controles en tiempo real. La Nación Data. https://www.lanacion.com.ar/politica/compras-coronavirus-un-sistema-peligroso-deficiente-nid2360123. 34 Albert, C. and Jara, M. (2020). Los datos que analiza la FNE por posible colusión: sector público paga $500 por mascarillas que antes costaban $13. CIPER. https://ciperchile.cl/2020/06/18/los-datos-que-analiza-la-fne-por- posible-colusion-sector-publico-paga-500-por-mascarillas-que-antes-costaban-13/. 16 — PROGRESS SINCE 2017
Barriers to progress since 2017 1 OCDS is often regarded as difficult This would help resolve a further issue, to implement and too complex for wherein OCDS is introduced into regular use, and partners are not environments where data is already always persuaded of its value. relatively open. In Chile and Colombia, the additional added value of an OCDS API over This was a common refrain during our the data that is available through the Chilean interviews. Many people said that the nested government’s Data Warehouse (to which JSON format was off-puttingly complex for CSOs have access if they sign a license) or many potential users in civil society and the SECOP II platform in Colombia is often government, and stressed the need for unclear. In these places, open contracting simpler and quicker ways to analyze the investigations tend not to use OCDS data. large-scale data available through OCDS. More broadly, for government officials across One interviewee captured the point neatly: countries, OCDS implementation can be the analyst “who only knows about Excel” seen as an expensive and difficult project, is excluded from using much OCDS data. where the benefits are not clear compared The problem is exacerbated in places to the costs. with relatively low data literacy, such as Afghanistan, Colombia, Honduras, and Finally, one interviewee questioned the in some agencies in the UK. While OCP purpose of the standard when the quality of does advocate for data to be disclosed in data feeding into it is low in the first place CSV format, these releases are often not (that is, through the whole procurement in simple tabular structures and remain management information system). They challenging for many users. referred to inconsistent units being used and misclassifications of goods making During interviews, the OCDS Helpdesk analysis very hard. This person - and other emphasized that the purpose of OCDS, and interviewees - worried that OCDS was being the JSON structure in particular, is not to implemented so that senior civil servants be accessible to all users; rather, it is to act and ministers could show that they had as a basis for the creation of intermediary ticked a “checkbox” of transparency, but analytical tools. There is a risk that this then ignore the serious question of how to message is being lost. Before and during ensure minimum data quality standards. OCDS implementation projects, OCP may To avoid this in the future, our interviewee need to be more careful about sustaining strongly recommended that OCP design a clear narrative about what the standard a more visible way of exerting pressure on should be used for. Outlining clear use cases, governments over the issue of data quality. specific to OCDS, will help overcome this, as This is discussed further below. we recommend below. 17 — BARRIERS TO PROGRESS SINCE 2017
2 In some cases, there are problems suggested that OCP survey its partners with government entities inputting asking them to name the five things they data into procurement reporting need for open contracting data to be systems and procurement usable, and build this into a “minimum management information systems, quality standard” that should apply to any meaning that the data ultimately contracting data that the government published is low quality or incomplete. releases. This should be understood as a quality mark rather than a data standard, This has been an issue in Nigeria, designed to publicly hold governments to Afghanistan, Colombia, and Chile, we account on data quality. OCP publicizing heard. While there is an established process governments’ performance against this could by which contracting authorities should help prevent governments from implementing be uploading data on contracts for it to be the structure of OCDS but ignoring data disclosed in a central location like AGEOPS quality, this person emphasized. in Afghanistan or NOCOPO in Nigeria, procurement officers often do not follow Broadly, focused attention on this issue this properly. This means that the data will benefit OCP; it will certainly arise in disclosed is frequently incomplete or low future engagements. At the least, it is worth quality. An interviewee in Chile stressed that considering a short project asking what kinds data quality is the single largest restriction of sanctions and/or persuasive approaches on their ability to analyze contracting data. have been most useful for compliance, in the For example, units of measurement and experience of OCP’s partners. quantities are entered very inconsistently, meaning that it is very difficult to understand 3 It is not always clear what useful how much of a particular item is being “corrective action” looks like, especially purchased in aggregate. in terms of using data as the basis for pursuing savings or managing Explanations for this have varied. “The contracts more effectively. incentives are very low” to enter high-quality and complete data into the system, we What happens next when you have clear, heard in Chile. In Nigeria, we heard that data-based analysis in front of you? individual ministries claim that their internet Suggesting sanctions or punitive action, or connection isn’t good enough to upload the reversal of the problem which has been data, or that they lack the training to do so. In identified, might often be the result. This was both Afghanistan and Nigeria, interviewees the case for CENABAST in Chile, following reflected that procurement officers had the dismissal of its director after Observatorio been “afraid” of what disclosing data would Fiscal’s investigation into low competition in reveal publicly. In Afghanistan, however, health procurement. But open contracting the situation has apparently improved as data can be used more strategically by procurement officers have become more procurement agencies, and this is not always used to the idea of data transparency. clear to them. One person said that OCP should develop For example, understanding the relative more visible ways to hold governments to size of suppliers is the first step towards account for data quality in general. They understanding how a government might 18 — BARRIERS TO PROGRESS SINCE 2017
exert commercial leverage over these Elections and political turmoil have presented suppliers in pursuit of savings. Equally, themselves as serious obstacles to data identifying that departments are disparately disclosure, and even moments for regression. buying similar goods and services at a range For example, changes of government in of prices can justify a cross-governmental Mexico and Argentina, and elections in sector-specific strategy. Afghanistan and Nigeria have arguably distracted decision-makers from open data One person, reflecting on the priorities of new and procurement reform as priorities. governments in Latin America, provocatively suggested that OCP should remove words Where civil servants are political appointees, like “transparency”, “accountability” and and therefore change along with “openness” from their campaigning lexicon. governments, the rupture can be severe. The language of efficiency will appeal to This is the case in Argentina, for example; contemporary decision-makers, they argued. there are no official handovers between Where they have huge debts and deficits teams, and institutional memory can be very following the coronavirus crisis, this will be swiftly lost. The case is similar in Mexico. yet more powerful. Another interviewee, in OCP does plan for governmental transitions, Argentina, also referred to the need to make having contributed to a transition memo the “storytelling” around OCDS stronger, in Mexico, and also supported introducing with a focus on “saving money” and making legal mandates for open contracting so that “government smarter”, to win the political requirements to publish data are consistent argument inside government. Of course, between administrations. Nevertheless, the many such framings have potentially divisive vulnerability remains. OCP might consider political connotations and must be chosen whether it can go even further in identifying carefully to have an appeal across party and how to create consistency between regimes. ideological lines. For example, this could include establishing a common organizational strategy for A similar reflection focuses on the examples handling political change or maintaining OCP uses to make the case for open documentation that can be quickly contracting. Interviewees in the UK and disseminated with new officials. Australia - both countries that perceive themselves as having low levels of corruption OCP has been broadly successful at - suggested that using examples of countries handling political difficulties in the UK, with higher corruption rates and recent though in this case there is a permanent institutional change could be counter- civil service. Here, the team has maintained productive. In Whitehall and Canberra, relationships with people at a range of government officials can point to their long levels in the civil service, and thereby institutional stability and apparently low ensured a continued base of support within corruption rates to suggest that the context is the government until procurement reform simply different. becomes a priority amongst the leadership. They have also maintained close attention 4 Political changes threaten the to deepening capacity among civil society development of open contracting and journalists. reforms. 19 — BARRIERS TO PROGRESS SINCE 2017
Recommendations 1 Clarify the most promising specific in procurement was cited by interviewees and local uses for open contracting as especially helpful. Other specific focus data in each country, and promote areas could include citizen monitoring, data them as priorities for future impact publishing, SME inclusion, and empowering with local partners. women-owned businesses, we heard. Broadly, we suggest that there is further 2 Collaborate with in-country partners work to be done to demonstrate the to write local theories of change, various purposes and affordances of open focusing on specific impact areas contracting data use, especially when it and identifying the data that will involves using OCDS data. This is often seen show progress and impact (that as complex and hard to use. is, set out local key performance indicators, or KPIs). Telling stories about data use (likely based on the work of data intermediaries, as With use cases and impact targets chosen, recommended below) will be more focused a shared understanding of these goals and tangible if centering on specific use across civil society and government will cases. Interviewees in Australia, for example, provide a consistent focus for stakeholders’ powerfully made this point. The examples of future activities. Co-creation and review from Observatorio Fiscal on health procurement partners will ensure that the goals are realistic in Chile, on school meal provision in and appropriate, and will help determine the Colombia, and on infrastructure monitoring in level of investment needed to achieve them. Honduras, exemplify it well, as will the stories emerging from OCP’s Lift projects. This approach, involving more regular tracking of intermediate indicators at the However, some countries lack such specific country level, allows for more agility and “flagship” cases, and use remains relatively flexibility as OCP moves towards impact: general. Across our interviews, healthcare, OCP will be able to adapt its approach infrastructure and construction were regularly according to a continual review of what is cited as sectors where open contracting working and what is not. Building in scope could realize its potential. It might support to quickly identify unexpected changes, a more commercially-minded approach manifested by single “corrective action” to government buying, some people cases, for example, can also allow for said. Of course, the pursuit of corruption rapid changes of emphases and effort to was also a common theme. OCP’s Latin capitalize on these. American training on identifying red flags 20 — RECOMMENDATIONS
We understand that OCP is moving more example, understanding exactly how closely towards a more use-case-focused investigations rely on OCDS data, how OCDS monitoring approach, especially in the specifically has made these investigations project design for their Lift projects. This is more effective and/or easier, and which other the right direction to take, and also provides audiences will find this narrative particularly an opportunity to experiment with different appealing. It will also involve using the methods in different countries. For example, language of civil servants: creating business OCP might consider the merits of the “most cases and showing the likely return on significant change” evaluation methodology. investment of OCDS, for example. This is useful for monitoring people’s perceptions of change and reacting to Finally, OCP should keep in mind the unexpected outcomes in complex situations.35 possibilities that OCDS introduction may ultimately not be the best way to disclose 3 Focus on making clearer arguments contracting data in certain cases. This will for introducing the Open Contracting continually encourage a lively argument Data Standard (OCDS), as people for its adoption, or ensure its judicious sometimes doubt its value. application. One person argued for the development of an “OCDS-lite”: in the Our evaluation has suggested that the format of a single table with just a few specific added value of introducing OCDS crucial fields, so that implementation would is not always clear to partners, especially be quicker and use simpler.36 when there are quicker and easier routes to analyzing contracting information. One 4 OCP should prioritize funding and interviewee said that the time taken to supporting new tools and platforms implement OCDS can be very unappealing to by which open contracting data senior government officials. can be accessed by people without expertise in data analysis, so that Re-emphasizing the argument that it is a there are more “data intermediaries” starting point for data intermediaries, who in focus countries. can go on to create new tools, products, and services, will be important. In some cases, OCP should not assume that new OCDS use this can involve local GovTech companies, cases will emerge organically: they must be from whom governments might purchase carefully supported. In Chile, Observatorio licenses to use OCDS-based management Fiscal’s Public Buying Observatory provides information systems; OCP might even offer a very strong example of OCP’s ability to do investment capital. In Latin America, the this (though it was not based on OCDS data). many CivicTech CSOs may also be helpful. We suggest that there are three potential In part, this is an issue of storytelling elements to such work. Firstly, converting appropriate to the audience at hand: for data to (or releasing data in) simplified 35 See https://www.betterevaluation.org/en/node/5280 for theories of change and https://www.betterevaluation.org/ en/plan/approach/most_significant_change for most significant change. 36 OCP’s “Usability checklist” and tabular data collection spreadsheet are steps towards this. But our interviewee was considering an even simpler format: https://docs.google.com/spreadsheets/d/1nG7e52E1CXOXoUjz6pimW4Z7er9u3D- JSs98QKdJJioE/edit#gid=110864222 and https://www.open-contracting.org/resources/data-collection-spreadsheet/. 21 — RECOMMENDATIONS
formats like CSV. Secondly, supporting medicine purchases? Could civic monitoring intermediaries to create intermediary tools: of infrastructure projects run alongside the this is often more time- and resource- reform of major project management within intensive than expected, potentially requiring government? Open contracting data can be grant funding. Thirdly, and crucially, promoting used as the basis for category strategies and the new tools’ benefits and training end- significant savings, and government officials users on their use. In our own experience, need to see this more clearly. This will also this whole process requires concerted effort help OCP develop more context-specific over significant periods of time to work, with examples of successful reforms, diversifying the final phase requiring a sustained focus the perceived narrative focus away from on marketing intermediary platforms to the corruption cases. relevant user groups. Targeting different user groups with different One successful example beyond this advice formats and use cases will also likely evaluation is OpenUp in South Africa: a civic be fruitful here. For example, government tech organization that creates public tools officials may respond more strongly to private based on open government data.37 Beyond business cases, white papers, and even slide their development of intermediary tools, their decks, rather than public blogs. Meanwhile, success lies in the close relationships that journalists will be more keen to access they have established with a wide range of training on translating potentially complex end-users. That is, they have forged links technical issues into compelling public stories between citizens, civil society, government (OCP has been notably strong on this). officials and journalists. This enables them to directly support the use of data in their 6 Invite partners to document and campaigns and news stories, for example. then submit individual cases of governments taking specific 5 Introduce more sector-specific and decisions because of people using procurement-specific expertise to open contracting data, allowing OCP support data use within government, to publicize these as appropriate. so that government officials directly Examples might include governments see the value of open contracting data. resolving problems on infrastructure projects or canceling tenders, as A focus on specific sectors and use cases a result of internal data use or civil will also allow OCP to deepen its work, by society pressure. bringing in category-specific expertise that can show the advantage open contracting There are multiple cases of journalists and can offer to government officials and civil society organizations investigating ministers. If there are price variations in specific issues that they have discovered by medicine costs, for example, can OCP offer assessing contracting data. It is also possible its partners access to people with experience that these kinds of results are occurring of planning and negotiating large-scale without OCP knowing about them. While 37 https://openup.org.za/; CODE in Nigeria provide another good example, at https://www.connecteddevelopment. org. See also Treisman, L. (2014). Access to information: bridging the digital divide in Africa. The Guardian. https:// www.theguardian.com/global-development-professionals-network/2014/jan/24/digital-divide-access-to-informa- tion-africa. 22 — RECOMMENDATIONS
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