Open Contracting Data Standard (OCDS) · practices, Uganda had made significant progress towards...
Transcript of Open Contracting Data Standard (OCDS) · practices, Uganda had made significant progress towards...
Open Contracting Data Standard (OCDS)
Mapping Report for Uganda Government Procurement Portal
November 2016
2
3
Contents
Introduction .................................................................................................................................................. 4
From Policy to Action .................................................................................................................................... 4
Methodology ................................................................................................................................................. 5
Findings ......................................................................................................................................................... 6
Conclusion ..................................................................................................................................................... 8
Appendix: Existing data gaps identified ........................................................................................................ 9
Missing Items in Buyer section ................................................................................................................ 9
Missing Items in Planning Section ........................................................................................................... 9
Missing Items in Tender Section .............................................................................................................. 9
Missing Items in Milestones Section ....................................................................................................... 9
Missing items in Amendments Section ................................................................................................... 9
Missing Items in Awards Section ........................................................................................................... 10
Missing Items in Suppliers Section ........................................................................................................ 10
Missing Items in Contracts Section ........................................................................................................ 10
Annex 1 – List of district in which AFIC is monitoring public projects ........................................................ 11
Annex 2 – List of documents to publicly disclosed ..................................................................................... 12
4
Introduction
Since 2011, AFIC has collaborated with Public Procurement and Disposal of Assets Authority (PPDA) in
promoting value for money in public contracting through citizens' access to information and public
participation (open contracting). Through this partnership, the Uganda Contracts Monitoring Coalition
(UCMC) was established, its members trained on basic procurement laws, tools for citizen monitoring of
contracts developed and proposals made for policy reforms. At the beginning of 2015, AFIC and its UCMC
partners with funding from the World Bank's Global Partnership for Social Accountability (WB-GPSA)
Programme commenced implementation of a four-year project to enhance accountability and
performance of social service contracts, particularly in health, education and agriculture sectors in
Uganda. This has been augmented by other AFIC initiatives supported by Sida, Oxfam and CoST.
From Policy to Action
In June 2016, AFIC with support from HIVOS and the Open Contracting Partnership (OCP) conducted an
open contracting scoping study. The major finding was that through various transparency policies and
practices, Uganda had made significant progress towards increased disclosure and citizen engagement in
public contracting. The proactive disclosure of procurement information through the Government
Procurement Portal (GPP), PPDA commitment in its strategic plan to promote citizen monitoring of public
contracts and Government plans to establish an e-procurement system were found to present greater
opportunities for open contracting. This is consistent with Article 38 of the Constitution which guarantees
the right of every citizen to participate in and influence government policies and activities.
Open contracting initiatives do not limit themselves to improve public disclosure but also to encourage
public participation in using both the information generated, and holding accountable responsible
entities. It relies on a partnership between government, the private sector and civil society to ensure that
there is transparency in the delivery of public funded projects. These efforts will increase performance
and value for money in public procurement. PPDA has made significant commitments in its current
strategic plan to "promote civil society monitoring of contracts" and has signed a Memorandum of
Understanding with UCMC in this regard.
Based on the experience in districts and preliminary review of the GPP, in September 2016, AFIC engaged
PPDA in a letter, welcoming the proactive disclosure of procurement information and suggesting areas for
further attention:
a) Need for GPP to cover more agencies particularly District Local Governments where AFIC and its
UCMC partners are monitoring contracts.
b) Need to align GPP with Open Contracting Data Standard (OCDS)
c) Harmonisation of procurement information provided through GPP and ATI requests.
5
In a follow-up discussion with PPDA Compliance Manager, it was acknowledged with appreciation receipt
of this letter and noted that some of the recommendations were being addressed. It was also agreed that
AFIC initiative in mapping GPP against OCDS would produce a report for discussion with PPDA.
In a separate communication, PPDA Deputy Executive Director expressed commitment to align GPP with
OCDS but indicated needs for capacity support.
In another meeting with PPDA Director of Capacity Building and Advisory Services, further areas of
collaboration in training of citizen monitors and district stakeholders were agreed. AFIC and PPDA also
concurred in maintaining close links in respect of AFIC obtaining contracting information on various
entities as well as information sharing. In that regard, PPDA encourage AFIC to share a list of the district
in which it is monitoring public contracts. The list that was shared later on with PPDA compliance manager
is presented in Annex !.
These efforts and commitments illustrate a trend for improvement on Open Contracting and provide for
new opportunities to strengthen disclosure processes and citizen participation. If these initiatives and
commitments were to be fully implemented, it would result in a significant progress towards good
governance and transparency.
As already stated above, the objective of public disclosure is to empower citizen participation in
contracting processes. Thus, disclosure has to be done in formats and specifications that allow for
effective participation. In view of this and follow-up engagements with PPDA, AFIC has carried out a
detailed mapping of GPP to determine the extent to which the GPP is aligned to OCDS, thus enabling
citizen participation.
Methodology
Open Contracting Data Standard is a global, non-proprietary data standard structured to reflect the
complete contracting cycle. The standard enables users and partners around the world to publish
shareable, reusable, machine-readable data, to join that data with their own information, and to create
tools to analyse or share that data.
The data standard was designed and developed through an open process. It is focused on connecting up
the data or documents that governments collect with the needs of users who want to help fix problems,
analyse public contracting, and innovate the way contracts are made and delivered.
When information on different stages of the contracting process is managed in different systems, a data
broker layer (software system) can be established which extracts data from each of these systems and
ties it together using common identifiers, to publish OCDS data. This may be achieved by modifying each
6
system to output OCDS data, and then broker layers need minimal functionality, or it may be achieved by
developing the broker layer to perform a full extract, transform, and load process on data from each
system.
Mapping data fields from existing systems to the OCDS schema is a key step in any OCDS implementation.
Using a template based on the OCDS v1.0 schema available as open data on OCP website, AFIC identified
the access and location of each information field listed.
Findings
We commend PPDA for establishing the GPP and ensuring that procurement data is available across all
the stages of the procurement process. The following points highlight the positive realisations about GPP.
1. The portal has data on procurement plans, tender, award and status of the contract.
2. Under procurement plans, names of procuring entities and disposing units are provided, as well as
quantity of the items, subject of procurement, procurement type, procurement method source of
funds and estimated costs not forgetting that the format of the document uploaded is easily editable
and accessed.
3. It also disclose information on disposal plans and notices which provide the suppliers and interested
bidders to take part in the different competitions for selecting the best bidders.
4. These notices also give clear information on where to deliver the different documents needed for the
contracting process.
5. Under current tenders, the portal gives information on the available tenders, the procurement
entities, and the deadline for application which are very important to both the public and the
interested bidders.
6. The portal also gives information on the awards, the suppliers that have been awarded the different
lots, the starting date and the date when they are expected to finish the constructions in the different
areas.
7. The portal also shows the providers that have been suspended the days remaining to recover from
the suspension and the reason for their suspension.
We also acknowledge and track the progressive changes that have been occurring within the portal during
the mapping period as follows:
1. The addition of information on the portal for instance in the excel document of the current tenders,
several fields like the starting and ending dates of the contract awarded were added.
2. Under the disposal plans and notices, we noticed that information was added showing with details
about the bid notices and the location of the tenders.
7
3. The section of the signed contracts has been fully enriched with useful information to the public, the
contractors and the suppliers.
4. Most of the fields that are needed are included within the GPP portal, and we thank PPDA for the
great work done and providing information to the public.
Based on the above findings we recommend that:
1. A consistent identifier number is given to each contracting process and used consistently across all
the stages of the contracting process. It is very important to help cross-reference, link and put in
perspective information from different stages.
2. A range of documents listed in annex 2 may be disclosed at different stages of the contracting process
where they are applicable to the type of contracting process being run. It should be published online
on a stable web address and without restrictions on access. This would ensure accessibility to the
participants and make it easy for them to participate.
3. The system should record official company registration numbers for bidders and companies awarded
contracts to. This will enable the contractors and the participants know if the companies are
registered or not.
4. The rationale of procurement should be provided as to enable understand the choice of the
procurement method.
5. Award Criteria details should be provided in a free text description to understand how the successful
supplier will be selected.
6. Milestones should be provided and describe the key deliverables of a contract, or key points during
the lifetime of the contract. We recommend that the implementation milestones should be included,
posted and updated to reflect when they are met within the GPP portal. These help the participants
know what to expect from the suppliers, for example, to know if the suppliers are meeting the
appropriate standards of the project.
7. The amendments, the most recent known value, could be included in the compiled records because
it's not possible to indicate all the former values. And also the date the document was last modified.
8. A link showing the details about the service provider under (GPP-signed contracts-export this page->
Excel document) under service provider to show the name, address, region, postal code, contact,
email address, etc.
8
9. Classification should be drawn from existing scheme or list of code. We recommend that if items have
a scheme, it’s should be identified to make comprehensive their classification. Specific additional
identifiers should also be listed to ease the work of data entry and identify items within their
classification scheme.
10. That system should classify line-items against goods and services classifications.
11. To ensure greater compliance and citizen engagement by procurement entities, PPDA should work
with Ministry of Finance, Planning and Economic Development so that disbursements of funds is
linked to disclosure and citizen engagement. In addition, PPDA should foster closer greater
collaboration with Office of the Prime Minister so that open contracting is a central topic at Barazas.
12. Gaps of information in the different sections, Buyer, Planning, Tender, Award and Contract as per
identified in the Appendix should also be addressed. The definitions of missing fields can be access
on the following link OCDS documentation1 and help understand the nature of the information
missing.
Conclusion Uganda's Constitution under Article 38 and 41 guarantees' citizens' rights to participation and access to
information. Through initiatives such as the Access to Information Act, Government Procurement Portal,
e-procurement policy and system, Barazas (Public Forums), the Government of Uganda has made
important progress on the road to opening contracts. Open contracting is about citizens being able to
access and use data at all stages of the contracting cycle. Currently some data at different stages of the
process is not being published, leading to the limited use of published data. In addition, up to 70% of the
agencies are yet to be enrolled on the GPP while most agencies are yet to embrace citizen engagement in
respective policies and programmes. PPDA has provided leadership in advancing citizens engagement and
proactive disclosure of contracting data, and this should be emulated by all agencies. AFIC deeply
appreciates its collaboration with PPDA and other Government agencies.
1 http://standard.open-contracting.org/latest/en/schema/reference/
9
Appendix: Existing data gaps identified
During the mapping process of GPPs’ alignment with OCDS, several gaps were identified that would need
urgent attention to ensure disclosure for effective public participation in contracting. The mapping
identified the following information missing:
Missing Items in Buyer section - Buyer/identifier
- Buyer/identifier/scheme
- Buyer/identifier/id
- Buyer/contact point/name
- Buyer/contact point/email
- Buyer/contact point/telephone
- Buyer/contact point/fax number
Missing Items in Planning Section - Planning/rationale
- Planning/Budget
- Planning/Budget/Source
- Planning/Documents
- Planning/Documents/id
Missing Items in Tender Section - Tender/id
- Tender/Procurement Method Rationale
- Tender/award/criteria
- Tender/has Enquiries
- Tender/eligibility criteria
- Tender/item/classification
- Tender/item/classification/scheme
Missing Items in Milestones Section - Tender/millstone/documents
- Tender/milestone/document/url
- Tender/milestone/document date modified
- Tender/milestone/document date published
Missing items in Amendments Section - Tender/Amendment
10
- Tender/amendment/date
- Tender/amendment/changes
- Tender/amendment/former value
- Tender/amendment/rationale
Missing Items in Awards Section - Awards/id
- Award/title
- Award/description
- Award/status
- Award/date
Missing Items in Suppliers Section - Award/supplier/identifier
- Award/supplier/scheme
- Award /supplier/id
- Award/supplier/additional identifier
- Award/supplier/uri
- Award/supplier/address
- Award/supplier/email
- Award/supplier/telephone
- Award/supplier/region
- Award/supplier/postal code
Missing Items in Contracts Section - Contract/implementation/transaction/uri
- Contract/implementation/milestone
- Contracts/implementation/transactions
- Contracts/implementation/transactions/receiver Organization/scheme
- Contracts/implementation/transactions/provider Organization
- Contracts/implementation/transactions/id
11
Annex 1 – List of district in which AFIC is monitoring public projects
The list below identifies the 23 districts where AFIC and its partners are implementing contract
monitoring.
Arua,
Nebbi,
Koboko,
Yumbe,
Adjumani
Gulu,
Nwoya,
Pader,
Lamwo
Agago
Soroti,
Kumi,
Serere
Kotido
Kaabong
Ntungamo,
Mityana,
Mubende,
Nakaseke,
Kabale,
Rukungiri,
Kanungu
Kisoro
12
Annex 2 – List of documents recommended to publicly disclosed2
This list suggested by Open Contracting Partnership in regard to OCDS, provide details of the documents
that publishers may wish to disclose at various stages of their contracting process.
Category Code Title Description Source
basic Tender Notice Tender Notice
The formal
notice that gives
details of a
tender. This may
be a link to a
downloadable
document, to a
web page, or to
an official
gazette in which
the notice is
contained.
basic awardNotice Award Notice
The formal
notice that gives
details of the
contract award.
This may be a
link to a
downloadable
document, to a
web page, or to
an official
gazette in which
the notice is
contained.
basic contractNotice Contract Notice
The formal
notice that gives
details of a
contract being
signed and valid
to start
2 http://standard.open-contracting.org/latest/en/schema/codelists/#document-type
13
Category Code Title Description Source
implementation.
This may be a
link to a
downloadable
document, to a
web page, or to
an official
gazette in which
the notice is
contained.
basic Completion Certificate Completion
certificate
basic Procurement Plan Procurement Plan
basic Bidding Documents Bidding Documents
Information for
potential
suppliers,
describing the
goals of the
contract (e.g.
goods and
services to be
procured), and
the bidding
process.
basic Technical Specifications Technical
Specifications
Detailed
technical
information
about goods or
services to be
provided.
basic Evaluation Criteria Evaluation Criteria
Information
about how bids
will be
evaluated.
14
Category Code Title Description Source
intermediate Evaluation Reports Evaluation report
Report on the
evaluation of the
bids and the
application of
the evaluation
criteria,
including the
justification fo
the award
intermediate Contract Signed Signed Contract
intermediate Contract Arrangements Arrangements for
ending contract
intermediate Contract Schedule Schedules and
milestones
intermediate Physical Process Report Physical progress
reports
A report on the
status of
implementation,
usually against
key milestones.
intermediate Financial Progress Report Financial progress
reports
Dates and
amounts of stage
payments made
(against total
amount) and the
source of those
payments,
including cost
overruns, if any.
Structured
versions of this
data can be
provided
through
transactions.
intermediate finalAudit Final Audit
15
Category Code Title Description Source
intermediate Hearing Notice Public Hearing
Notice
Details of any
public hearings
that took place
as part of the
planning for this
procurement.
intermediate Market Studies Market Studies
intermediate Eligibility Criteria Eligibility Criteria
Detailed
documents about
the eligibility of
bidders.
intermediate clarifications Clarifications to
bidders questions
Including replies
to issues raised
in pre-bid
conferences.
intermediate Shortlisted Firms Shortlisted Firms
advanced Environmental Impact Environmental
Impact
advanced Asset And Liability
Assessment
Assessment of
government’s assets
and liabilities
advanced Risk Provisions
Provisions for
management of
risks and liabilities
advanced Winning Bid Winning Bid
advanced complaints Complaints and
decisions
advanced Contract Annex Annexes to the
Contract
advanced Contract Guarantees Guarantees
16
Category Code Title Description Source
advanced Sub Contract Subcontracts
A document
detailing
subcontracts, the
subcontract
itself, or a linked
OCDS document
describing a
subcontract.
advanced Needs Assessment Needs Assessment
advanced Feasibility Study Feasibility study
advanced Project Plan Project plan
advanced Bill Of Quantity Bill Of Quantity
advanced bidders Information on
bidders
Information on
bidders or
participants,
their validation
documents and
any procedural
exemptions for
which they
qualify
advanced Conflict Of Interest conflicts of interest
uncovered
advanced debarments debarments issued