Governance: Public procurement data¶
To what extent do relevant laws, regulations, policies, and guidance provide a basis for collecting and publishing data on government procurement?
Definitions and Identification
Many governments spend a substantial proportion of their budget through procurement: contracting with private sector providers to supply goods and services or undertake public works (e.g., construction projects). Almost all public agencies, from central to local government, will carry out procurement at some point.
Procurement involves a number of stages, from planning, to tender (inviting bids), award (issuing a contract), and implementation (monitoring performance of the contract). In some cases, governments may award contracts without a bidding process, or through some special negotiated procedure.
Procurement laws, regulations, policies and guidance describe the processes through which governments should enter into contracts and the information on different stages of the procurement that should be disclosed. Many of these require publication of planning and tender documents, and some require publication of details of contract award and performance information. In some cases, countries have different rules for goods and services and for public works; there may also be different rules around publishing information related to direct awards and special procedures.
This indicator is specifically focused on whether national procurement laws, regulations, policies, or guidance support publication of structured and open data. In general, this will only be possible where there are requirements for procuring entities either to use common data standards/systems, or to submit data to a central platform.
Examples:
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Ukraine's public procurement law specifies in detail the information to be published for each contracting process via the central e-procurement system, explicitly requires publication as open data, and includes penalties for non-compliance.
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In Chile, all procurement information published by state entities must by law be available in open and reusable data formats in the country’s public procurement information and management system.
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Part 8 of the UK’s 2023 Procurement Act mandates the establishment and operation of an online system to publish notices, documents, and other information in a manner both free of charge and accessible to people with disabilities.
Note: This indicator pairs with a related indicator that assesses availability of public procurement data in order to compare frameworks and actual practice. While completing each one, you will likely discover further information that will help answer the sub-questions of the other, so it is suggested that you work on the pair together.
Starting points
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Sources:
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The Global Public Procurement Database country profiles list relevant national procurement laws and regulations.
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The Transparent Public Procurement Rating (TPPR) project provides periodic assessments of procurement laws and processes for around 40 countries. Country assessments containing references to relevant laws can be downloaded from country result pages.
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For countries in Europe, the EuroPAM database lists relevant procurement laws and provides an overview of thresholds, mechanisms; the database currently includes 34 countries.
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The OGP Explorer contains details of country commitments to improve procurement transparency.
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Open Contracting Partnership’s legislative guide (2021) provides examples of how countries have included open contracting provisions in their laws and regulations, with detailed examinations of frameworks in Chile, Colombia, Paraguay, Portugal, South Korea, Ukraine, the United Kingdom, and the United States.
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Search:
- For recent updates to national procurement laws.
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Consult:
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Procurement experts
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Transparency advocates
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What to look for?
Look for evidence that can answer the following questions:
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Do laws, regulations, policies or guidance explicitly support the collection (and/or publication) of structured data?
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Do the laws, regulations, policies or guidance that require data collection and transparency cover all forms of procurement (goods & services, public works, direct awards, etc.)?
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Is there a requirement to collect and publish data at each stage of the procurement process (planning, tender, award, implementation/spending & performance)?
Show/hide supporting questions
Existence
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Are there laws, policies, or regulations requiring collection of this information in any form?
- No.
- They are being drafted, or are not yet implemented.
Supporting questions: Please provide brief details.If the framework exists only in draft form, please provide the date of any relevant drafts.Please provide a URL(s) for where evidence can be found.
- They exist and are operational.
Supporting questions: Please provide brief details.Please provide a URL(s) for where evidence can be found.
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Are there laws, policies, or regulations requiring publication of this information in any form?
- No.
- They are being drafted, or are not yet implemented.
Supporting questions: Please provide brief details.If the framework exists only in draft form, please provide the date of any relevant drafts.Please provide a URL(s) for where evidence can be found.
- They exist and are operational.
Supporting questions: Please provide brief details.Please provide a URL(s) for where evidence can be found.
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Extent of existence:
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How comprehensive, in terms of jurisdiction, is the coverage of the framework assessed for this question? (The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality., The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities., The framework provides national coverage.)
Supporting questions (conditional)
If The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality. or The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities.: Which locality or localities does this framework cover?
If The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality. or The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities.: Please explain your response.
If The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality. or The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities.: Please provide supporting URL(s) as necessary.
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How comprehensive is the coverage of the framework assessed for this indicator? (The framework only applies in a narrow set of situations or only covers a very limited number of agencies., The framework covers one or more agencies, but there are similar frameworks that apply to many other agencies. , The framework covers all or most of the public sector. )
Supporting questions (conditional)
If The framework only applies in a narrow set of situations or only covers a very limited number of agencies.: When/to which agency does this framework apply?
If The framework covers one or more agencies, but there are similar frameworks that apply to many other agencies. : To which agency or agencies does this framework apply?
If The framework covers all or most of the public sector. : Are there any notable exceptions? (E.g., defense sector.)
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Existence summary:
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Please summarize your answers to the preceding existence sub-questions, including the extent of existence. [Open Text] Drawing on the research you have conducted and the evidence you have gathered for this section, describe what you have found (or not found) when answering the existence sub-questions for this indicator.
Supporting questions
Please provide the URL(s) for the evidence that supports the summary provided.
Elements
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Provisions for definitions, kinds, and fields:
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The framework requires the use of specific data standards. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Are they international standards?
If Partially or Yes: Please list significant data standards mentioned in the framework.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires the collection and publication of data covering goods and services. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: If there is a threshold value below which publication requirements do not apply, please provide the currency and value here (E.g., USD 10000).
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires the collection and publication of data covering public works contracts. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: If there is a threshold value below which publication requirements do not apply, please provide the currency and value here (E.g., USD 10000).
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework’s requirements for data collection and publication apply equally to direct awards or procurements below threshold values. (No, Partially, Yes) Answer “Partially” if there are weaker data collection and transparency requirements for direct awards or procurements below threshold values.
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: If there is a threshold value below which publication requirements do not apply or are weaker, please provide the currency and value here (E.g., USD 10000).
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires the collection and publication of data covering the planning stage. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires the collection and publication of data covering the tender stage. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires the collection and publication of data covering the award stage. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires the collection and publication of data covering the implementation stage. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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Provisions for data quality:
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The framework empowers an agency or official to ensure the accurate and timely collection and publication of required data. (No, Partially, Yes) For example, a framework might establish or resource offices for data verification, grant an agency sanction powers for noncompliance, etc.
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires a verification process. (No, Partially, Yes) There are many different kinds of verification processes. Some processes are automated, some involve direct human review, some combine the two. For example, in some cases, data is required from multiple parties engaged in an activity and that data is then cross-verified automatically. In others, a dedicated agency or official has the authority to conduct audits, engaging with other agencies or external parties to verify information received.
Supporting questions (conditional)
If Partially or Yes: Please briefly explain the verification process used.
If Partially: Please explain your “Partially” response, including which parts of the collected data the framework requires to be verified and which parts it does not.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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Provisions for collection and access:
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The framework supports the digital collection of data. (No, Partially, Yes) For example, entities submitting information may be required to use digital forms.
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Does the framework support the collection of structured data? Please explain your response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework requires that data is regularly updated. (No, Partially, Yes) For example, a framework may establish a specific collection and publication schedule relevant to its intended use.
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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The framework discusses public access to the data. (No, Partially, Yes)
Supporting questions (conditional)
If Partially: Please explain your “Partially” response.
If Partially or Yes: Does the framework support the publication of open data? Please explain your response.
If Partially or Yes: Please indicate which section of the framework refers to this issue.
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Elements summary:
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Please summarize your answers to the preceding element sub-questions. [Open Text] Drawing on the research you have conducted and the evidence you have gathered for this section, describe what you have found (or not found) when answering the element sub-questions for this indicator.
Supporting questions
Please provide the URL(s) for the evidence that supports the summary provided.
Having a legal, regulatory, or policy framework that supports the collection and publication of procurement data provides a foundation for data analysis that can promote public good outcomes and mitigate against risks of corruption, inefficient spending, or negative externalities.
The Open Contracting Partnership list four example use cases of procurement data:
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Securing value for money in procurement;
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Detecting fraud and corruption;
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Increasing competitiveness of public contracting;
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Monitoring service delivery.
These use cases benefit from structured data available across the procurement cycle and from reliably provided data. Where the rules governing procurement inhibit digitization (e.g., prescribing use of paper forms without providing resources for their digitisation); fail to require data to be collected or disclosed on all stages of the procurement process; or exclude certain types of procurement from data collection and disclosure requirements, the reliability and usefulness of data may be reduced.
While a number of projects currently review public procurement rules around the world, we currently lack a unified dataset that describes the laws, regulations, policies, or guidance that support collection and publication of procurement data.