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Romania

OPEN CONTRACTING (RO0025)

Overview

At-a-Glance

Action Plan: Not Attached

Action Plan Cycle: 2014

Status: Inactive

Institutions

Lead Institution: National Authority for Regulating and Monitoring Public Procurement (ANRMAP)

Support Institution(s): Ministry of the Information Society (Digital Agenda Agency); Ministry of Public Finance; Ministry of European Funds CSOs: Funky Citizens Association; Open Society Foundation

Policy Areas

Open Contracting and Procurement

IRM Review

IRM Report: Romania End-of-Term Report 2014-2016

Starred: No

Early Results: Marginal Marginal

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Public Accountability , Technology

Potential Impact:

Implementation i

Completion:

Description

This commitment aims to increase transparency and lead to a more efficient spending of public money by involving citizens in the public contracting process including tendering, performance and completion.
In this way, the government commits to work with the civil society and other stakeholders to endorse the open contracting principles and enhance the transparency of public contracting.

IRM End of Term Status Summary

Commitment 7. Open Contracting

Commitment Text:

1.     The agencies will initiate consultations and explore the possibility of obtaining technical assistance from the World Bank (the coordinator of open contracting efforts worldwide).

2.     The agencies will consult all stakeholders in the Romanian procurement system – citizens, civil society, public institutions involved in the process - and deliver a written Report. The report should include an assessment of the present context and issues, identify needs and required resources and next steps recommendations for the implementation of open contracting in Romania.

3.     The agencies will carry out an open contracting pilot project to build on the findings and help adjust the international principles to the Romanian context. Representatives of the civil society will take part in development and monitoring of the pilot.

4.     Analysis and presentation of the pilot’s results. The project evaluation report, developed in collaboration by the representatives of public administration and civil society, will be presented in a public conference.

5.     Depending on the conclusions of the assessment Report, draft the proposal to amend current legislation to allow implementation of open contracting.

Responsible institution: National Authority for Regulating and Monitoring Public Procurement

Supporting institution(s): Ministry of the Information Society (Digital Agenda Agency), Ministry of Public Finance, Ministry of European Funds, Funky Citizens Association, Open Society Foundation

Start date: July 2014                                                                          End date: June 2016

Commitment Aim:

 

The commitment’s main goal is to apply the principles of open contracting to publicly funded contracts exceeding RON 250,000 (about EUR 55,000).[Note 23: Existing legislation (Emergency Government Ordinance 34/2006) establishes two thresholds that are different from the one mentioned in the commitment: EUR 30,000 for acquisition of goods and services, and EUR 100,000 for execution of works.] (Contracts containing confidential information are excluded).[Note 24: On the definition of confidential information: OUG 34/2006, Art. 215 available in Romanian at http://legislatie.just.ro/Public/DetaliiDocument/178723). It states: “The public procurement file is a public document in the form it had at the moment someone required access to information in the file. Access to this information […] can be restricted only to the extent the information is confidential, classified, or protected under intellectual property law.” It is unclear if only the confidential information within a file is excepted or if institutions will argue that the confidential character extends to the whole file.] Officials then publish contracts on the Public Procurement Electronic System (SEAP), a public procurement portal. To complete this commitment, the government has to elucidate the required steps for implementation, based on consultations with the World Bank and Romanian stakeholders. A pilot open contracting project will then be used to test strategies and will culminate in civil society and government recommendations for changes in current practice or legislative amendments needed to implement open contracting.

Status

Midterm: Limited

Consultations with the World Bank and with all procurement system stakeholders were concluded or substantially completed by the time of the midterm evaluation. The government held a set of broad consultations among public institutions, civil society, and citizens to identify the needs and required resources for the implementation of open contracting in Romania. The Digital Agenda Agency of Romania (AADR) studied and pledged to apply the Open Contracting Data Standard (OCDS) to the next version of the SEAP portal with assistance and input from civil society.

The third milestone activity required a pilot project. Due to administrative and bureaucratic hurdles, the government did not start the project, which halted implementation. All remaining activities relied on the pilot project’s completion and have therefore stalled. For more information, please see the 2014–2015 IRM midterm report.

End of term: Limited

There has been little progress on implementing this commitment since the midterm evaluation. The pilot project remains stalled, and as a result the remaining milestone activities could not be completed.

Did it open government?

Access to information: Marginal

Public accountability: Did not change

In its current stage, the commitment did not stretch government practice in public accountability because the government did not create a mechanism to hold officials accountable. However, despite its limited completion, the commitment resulted in some marginal improvements for access to information. The Digital Agenda Agency’s implementation of the Open Contracting Data Standard (OCDS)[Note 25: Civil society representatives working on budgets and public procurement think the commitment could be successful given the decision to implement the OCDS. During the OGP Club meeting dedicated to the self-assessment report, a representative of an NGO suggested the pilot project that the Ministry for Public Consultation and Civic Dialogue is in charge of implementing.] and the thorough discussions with civil society representatives have led to some positive progress. The government self-assessment report states that the open contracting standard for publishing data has been applied to the SEAP portal. However, a CSO representative clarified that the only information available to date is what the government has presented during OGP Club meetings. There is no outside verification that the government has applied the OCDS system to the procurement portal, though the CSO representative confirmed that the government is regularly updating the portal every three months. Civil society organizations have continued to pressure the government to complete this commitment and successfully advocated for its upgrade and inclusion in the next action plan. The revised commitment will attempt to overcome the problems encountered during the recent implementation period. Although there have been some positive changes, some CSOs remain skeptical that the platform is near completion and will be fully function in the near future, given the lack of verifiable information on progress.

Carried forward?

Open contracting has been, in one way or another, present in all of Romania’s national action plans: creating an electronic platform in the first action plan, implementing open contracting principles in the second action plan, and implementing the Open Contracting Data Standard (OCDS) in the upcoming third action plan. The commitment has been carried forward in the third action plan and will aim to implement the stalled pilot program.


Romania's Commitments

  1. standardize public consultation practices

    RO0048, 2018, E-Government

  2. open local government

    RO0049, 2018, Capacity Building

  3. Citizen budgets

    RO0050, 2018, Capacity Building

  4. youth participation

    RO0051, 2018, Capacity Building

  5. Register of civil society proposals

    RO0052, 2018, E-Government

  6. access to information – local

    RO0053, 2018, Capacity Building

  7. online business sector information

    RO0054, 2018, Capacity Building

  8. Digital consular services

    RO0055, 2018, Capacity Building

  9. Transparency in the funding of political parties

    RO0056, 2018, E-Government

  10. national investment fund transparency

    RO0057, 2018, E-Government

  11. civil servant training

    RO0058, 2018, Capacity Building

  12. raise awareness about corruption

    RO0059, 2018, Capacity Building

  13. transparency of seized assets

    RO0060, 2018, E-Government

  14. access to social services

    RO0061, 2018, E-Government

  15. open access to research

    RO0062, 2018, E-Government

  16. open education

    RO0063, 2018, Capacity Building

  17. evaluate open data

    RO0064, 2018, Capacity Building

  18. open data

    RO0065, 2018, E-Government

  19. Improving the legal framework and practices regarding access to public interest information

    RO0030, 2016, Capacity Building

  20. Centralized publishing of public interest information on the single gateway transparenta.gov.ro

    RO0031, 2016, Capacity Building

  21. Promoting Open Parliament principles

    RO0032, 2016, Capacity Building

  22. Starred commitment Improved management of the applications submitted for granting citizenship

    RO0033, 2016, Capacity Building

  23. Standardization of transparency practices in the decision-making procedures

    RO0034, 2016, Capacity Building

  24. Centralised publication of legislative projects on the single gateway consultare.gov.ro

    RO0035, 2016, Capacity Building

  25. Citizens Budgets

    RO0036, 2016, Capacity Building

  26. Improve youth consultation and public participation

    RO0037, 2016, Capacity Building

  27. Subnational open government

    RO0038, 2016, Capacity Building

  28. Promoting transparency in the decision-making process by setting up a Transparency Register (RUTI)

    RO0039, 2016, Anti-Corruption Institutions

  29. Access to performance indicators monitored in the implementation of the National Anticorruption Strategy (SNA)

    RO0040, 2016, Anti-Corruption Institutions

  30. Improve transparency in the management of seized assets

    RO0041, 2016, Asset Disclosure

  31. Annual mandatory training of civil servants on integrity matters

    RO0042, 2016, Anti-Corruption Institutions

  32. Improving access to cultural heritage

    RO0043, 2016, Capacity Building

  33. Open data and transparency in education

    RO0044, 2016, Capacity Building

  34. Virtual School Library and Open Educational Resources

    RO0045, 2016, Capacity Building

  35. Open Contracting

    RO0046, 2016, Anti-Corruption Institutions

  36. Increasing the quality and quantity of published open data

    RO0047, 2016, Capacity Building

  37. PUBLISHING THE PUBLIC INTEREST INFORMATION ON A SINGLE GOVERNMENT PORTAL: TRANSPARENTA.GOV.RO

    RO0019, 2014, E-Government

  38. MAKING AN INVENTORY OF THE DATASETS PRODUCED BY THE MINISTRIES AND SUBORDINATE AGENCIES

    RO0020, 2014, Open Data

  39. Starred commitment ENSURING THE FREE ONLINE ACCESS TO NATIONAL LEGISLATION

    RO0021, 2014, E-Government

  40. AMENDING LAW 109/2007 ON THE RE-USE OF PUBLIC SECTOR INFORMATION

    RO0022, 2014, Legislation & Regulation

  41. OPENING DATA COLLECTED FROM THE NATIONAL HEALTH SYSTEM

    RO0023, 2014, Health

  42. OPENING DATA COLLECTED FROM THE MONITORING OF PREVENTIVE MEASURES AS PART OF THE NATIONAL ANTICORRUPTION STRATEGY 2012-2015

    RO0024, 2014, Anti-Corruption Institutions

  43. OPEN CONTRACTING

    RO0025, 2014, Open Contracting and Procurement

  44. OPEN ACCESS OPENING UP DATA RESULTED FROM PUBLICLY-FUNDED RESEARCH PROJECTS

    RO0026, 2014, E-Government

  45. INCREASING THE QUALITY AND QUANTITY OF PUBLISHED OPEN DATA

    RO0027, 2014, Open Data

  46. HUMAN RESOURCE TRAINING IN THE FIELD OF OPEN DATA

    RO0028, 2014, Capacity Building

  47. DISSEMINATING INFORMATION ON THE OGP PRINCIPLES AND PROMOTING THE OPEN DATA CONCEPT IN AN ACCESSIBLE MANNER

    RO0029, 2014, Records Management

  48. Designating a person responsible for publishing open data in each public institution

    RO0001, 2012, Open Data

  49. Identifying regulatory needs, logistical and technical solutions

    RO0002, 2012, Legislation & Regulation

  50. Making an inventory of available (high-value) data-sets

    RO0003, 2012, Open Data

  51. Priority publishing on the web pages of public institutions of specific data-sets

    RO0004, 2012, Open Data

  52. Initiating pilot-projects, in partnerships

    RO0005, 2012, Open Data

  53. Organizing public debates on the utility of open data, in partnerships

    RO0006, 2012, Open Data

  54. Uniform, machine-readable publishing format for open data

    RO0007, 2012, Open Data

  55. Procedures for publication of data-sets based on civil society recommendations

    RO0008, 2012, Open Data

  56. Procedures for citizen complaints pertaining to open data

    RO0009, 2012, Open Data

  57. Consultation mechanism between suppliers and beneficiaries of open data

    RO0010, 2012, Open Data

  58. Creating a rating system for the assessment of high-value data-sets

    RO0011, 2012, Open Data

  59. Routinely publishing specific data-sets on web pages of public institutions

    RO0012, 2012, E-Government

  60. Integrating open data from public institutions in a single national platform

    RO0013, 2012, E-Government

  61. Inventories of data, in order to facilitate public access

    RO0014, 2012, Open Data

  62. Institute a monitoring mechanism of compliance for open data

    RO0015, 2012, Open Data

  63. Stimulating the market for innovative use of open data

    RO0016, 2012, Open Data

  64. Routinely publishing data-sets on the national platform, 25% high-value

    RO0017, 2012, Open Data

  65. The Public Procurement Electronic System (SEAP). The Electronic Allocation System for Transports (SAET)/B.1 c) Expanding the on-line submission of fiscal forms. Ensuring the free on-line access to national legislation. Developing electronic tools to manage subpoenas and facilitate access toinformation regarding legal proceedings. Developing electronic tools to manage the procedures related to obtaining the Romanian citizenship. Developing electronic tools to manage the procedures related to the creation of non-profit legal persons. The Integrated System for Electronic Access to Justice (SIIAEJ)/

    RO0018, 2012, Citizenship and Immigration