Open Contracting (RO0046)
Overview
At-a-Glance
Action Plan: Romania Action Plan 2016-2018
Action Plan Cycle: 2016
Status: Inactive
Institutions
Lead Institution: National Agency for Public Procurement (ANAP) Digital Agenda Agency (AADR)
Support Institution(s): Chancellery of the Prime-Minister; Funky Citizens; Open Society Foundation
Policy Areas
Anti-Corruption, Anti-Corruption Institutions, Capacity Building, E-Government, Fiscal Openness, Open Contracting and Public Procurement, Private Sector, Public Participation, Public Procurement, Publication of Budget/Fiscal InformationIRM Review
IRM Report: Romania Mid-Term Report 2016-2018, Romania End-of-Term Report 2016-2018
Starred: No
Early Results: Did Not Change
Design i
Verifiable: Yes
Relevant to OGP Values: Access to Information , Civic Participation
Implementation i
Description
Status quo or problem addressed by the commitment As public procurement represents one of the most important topics related to government transparency, the Government of Romania is in the process of implementing the Open Contracting Data Standard, as a tool to increase the transparency of public acquisitions and for the correct transposition of European directives. Main objective Increase the transparency and efficiency of public spending Brief description of commitment The commitment is a continuation of one of the priorities of the 2014-2016 NAP and its objective is to increase the transparency and efficiency of public spending by opening data collected through the electronic procurement system in the OCD standard, as well as by engaging citizens in the process. Data will cover planning, award, implementation, performance, and completion of public contracts. OCDS data will be directly accessible in the eLicitatie platform, even for users unskilled in automatic data collection / processing, by applying search filters on criteria such as contracting authority, economic operator, procurement name etc. OPG challenge addressed by the commitment Increasing public integrity More Effectively Managing Public Resources Access to information; Public Accountability; Civic Participation; Technology and Innovation Ambition Implementation of Open Contracting principles in a pilot conducted in one or more public institutions; Implementation of the Open Contracting Data Standard in the national public procurement system.
IRM End of Term Status Summary
17. Open Contracting
Commitment Text:The commitment is a continuation of one of the priorities of the 2014-2016 NAP and its objective is to increase the transparency and efficiency of public spending by opening data collected through the electronic procurement system in the OCD standard, as well as by engaging citizens in the process. Data will cover planning, award, implementation, performance, and completion of public contracts. OCDS data will be directly accessible in the e-Licitatie (e-Procurement) platform, even for users unskilled in automatic data collection / processing, by applying search filters on criteria such as contracting authority, economic operator, procurement name etc.
Main Objective:
Increase the transparency and efficiency of public spending.
Milestones:
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- Informing and training the public procurement staff in local and central public institutions
- Implementation of the OCDS in the e-licitatie.ro portal (public procurement portal). Following the JSON standard, a webservice will serve API calls according to the OCDS, covering: Buyer Information, Tender/Initiation, Award, Contract, Implementation, Planning, Document, Budget, Item, Amendment, Classification, Contact Point, Value, Period.
- Publishing the datasets resulted from the OCDS implementation, on the data.gov.ro portal
- Selection of one or more public institutions for the implementation of a pilot on applying the OC principles (for all phases of the contracting process)
- Piloting the implementation of OC principles in one public institution, in collaboration with civil society, in all phases: development / planning, awarding, execution, implementation / monitoring, completion, assessment
Responsible institution: National Agency for Public Procurement (ANAP) Digital Agenda Agency (AADR)
Supporting institution(s): Chancellery of the Prime-Minister, Funky Citizens; Open Society Foundation
Start date: September 2016 End date: June 2018
Editorial Note: The commitment text is abridged. The full text can be found in the OGP 2016–2018 national action plan.
Commitment Aim
With this commitment, AADR—the Romanian Digital Agenda Agency that is in charge of the public procurement e-licitatie.ro portal—pledged to adopt the Open Contracting Data Standard (OCDS) for its procurement portal (Milestones 1 and 2) and publish it on data.gov.ro (Milestone 3). Finally, the commitment aimed to pilot the application of the open contracting principles (Milestones 4 and 5). This commitment was considered potentially transformative for making procurement information publicly accessible.
STATUS
Midterm: Not Started
This commitment was not started at the time of the IRM progress report.
End-of-term: Limited
According to the government’s self-assessment report, only the implementation of the OCDS in the e-licitatie.ro portal was started. In order to implement the OCDS in the procurement process in Romania the SEAP—the Electronic System for Public Procurement (eProcurement)—had to be redesigned. The tender specifications of SICAP—The Collaborative Information System for an Effective Public Procurement Environment—clearly mentioned that procurement data needed to comply with the OCDS. [116] A demo of the OCDS export facilities of SICAP was presented during an OGP Club meeting. [117] Nevertheless, UTI—the private contractor—had major delays in delivering SICAP, in part because of the UTI leadership being investigated for corruption. [118]
SICAP was launched in April 2018, but the data export component is not working, therefore SICAP cannot export the bulk data on data.gov.ro. [119] In December 2018, no bulk data on public procurements was published on data.gov.ro after the transition from SEAP to SICAP was completed.
Did it Open Government?
Access to information: Worsened
Although, SICAP—the new public procurement portal of the AADR that replaces SEAP—has a more user-friendly interface than SEAP, it remains largely an eProcurement system, not an open contracting system (i.e. the public consultations prior to tendering, the procurement contract, the additional documents to the contract, etc. are not included. [120]). SICAP also has not been able to publish bulk data to the national data portal, as SEAP did before.
The experts interviewed by the IRM researcher confirmed that SICAP had to be made in accordance to the OCDS. Nevertheless, since its releases in April 2018, and until November 2018, it did not export its bulk data to the national data portal. [121] Conversely, the previous system, SEAP, did publish the data in bulk, in an open format, and under an open license, every three months. Bulk data has proven to be essential for investigative journalists. Some of the biggest corruption scandals in Romania (Club COLECTIV [122] and the Disinfectants Scandal [123]) were triggered by investigative journalists analyzing the bulk data on data.gov.ro. A civil society representative argued that with some good programmers and the bulk data, corruption and bribery in public procurement can easily be uncovered. Otherwise, investigative journalists need to know exactly what to look for in order to uncover corruption. [124]
One interviewee suggested that manual searches and copy-paste exercises can still retrieve the bulk data from SICAP, though these can be tedious and very costly exercises. [125] To this end, it is easier to query in SICAP than in SEAP. [126] Furthermore, opinions were mixed as to whether SICAP really has implemented the OCDS principles. Some believe that SICAP simply has several technical problems to prevent the bulk data. [127] The IRM researcher was not able to find out the government position on this, as the leadership of the AADR did not respond to the two email invitations to discussion that the IRM researcher sent. [128]
Civic participation: Did not change
As the piloting of the implementation of the OCDS principles in one public institution, in collaboration with civil society, did not take place, this commitment did open government with respect to civic participation. Nevertheless, the absence of bulk data factually restricts civic participation in the broader fight against corruption.
Carried forward?
This commitment will not be continued in the 2018–2020 national action plan.
[116] Larisa Panait and Angela Benga, OGP Romania, interview by IRM researcher on 6 November 2018, Ovidiu Voicu, Centre for Public Integrity, interview by IRM researcher on 8 November 2018, and Andrei Nicoara, Open Data Coalition, interview by IRM researcher on 15 November 2018.
[117] Minute 40 of the “Debate on the open governance of the NAP 2014–2016”, available [in Romanian] at https://goo.gl/CBCW1T.
[118] “Seful UTI Tiberiu Urdareanu retinut de DNA”, Economica, 29 October 2017, available [in Romanian] at https://goo.gl/LEsN7G.
[119] Ovidiu Voicu, Centre for Public Integrity, interview by IRM researcher on 8 November 2018, and Andrei Nicoara, Open Data Coalition, interview by IRM researcher on 15 November 2018.
[120] Elena Calistru, Funky Citizens, interview by IRM researcher on 13 November 2018.
[121] Larisa Panait and Angela Benga, OGP Romania, interview by IRM researcher on 6 November 2018, Ovidiu Voicu, Centre for Public Integrity, interview by IRM researcher on 8 November 2018, and Andrei Nicoara, Open Data Coalition, interview by IRM researcher on 15 November 2018.
[122] “Colectiv nightclub fire”, Wikipedia, available at https://en.wikipedia.org/wiki/Colectiv_nightclub_fire.
[123] Anealla Safdar, “Diluted disinfectant scandal hits Romania hospitals”, AlJazeera, 14 May 2016, available at https://goo.gl/2kDcRR.
[124] Ovidiu Voicu, Centre for Public Integrity, interview by IRM researcher on 8 November 2018.
[125] Bulk data refers to the entire dataset of public procurements. This bulk dataset can be recreated from the search portal if the user identifies each entry, separately by searching manually for the right keyword, and then by copy-pasting each entry onto their local hard drive. Ovidiu Voicu, Centre for Public Integrity, interview by IRM researcher on 8 November 2018.
[126] Ovidiu Voicu, Centre for Public Integrity, interview by IRM researcher on 8 November 2018 and Elena Calistru, Funky Citizens, interview by IRM researcher on 13 November 2018.
[127] Andrei Nicoara, Open Data Coalition, interview by IRM researcher on 15 November 2018.
[128] Emails were sent to the address liviu.stoica@aadr.ro on 6 November 2018 and on 11 November 2018.
Commitments
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Standardize Public Consultation Practices
RO0048, 2018, E-Government
-
Open Local Government
RO0049, 2018, Capacity Building
-
Citizen Budgets
RO0050, 2018, Capacity Building
-
Youth Participation
RO0051, 2018, Capacity Building
-
Register of Civil Society Proposals
RO0052, 2018, E-Government
-
Access to Information – Local
RO0053, 2018, Capacity Building
-
Online Business Sector Information
RO0054, 2018, Capacity Building
-
Digital Consular Services
RO0055, 2018, Capacity Building
-
Transparency in the Funding of Political Parties
RO0056, 2018, Access to Information
-
National Investment Fund Transparency
RO0057, 2018, Access to Information
-
Civil Servant Training
RO0058, 2018, Capacity Building
-
Raise Awareness About Corruption
RO0059, 2018, Capacity Building
-
Transparency of Seized Assets
RO0060, 2018, Access to Information
-
Access to Social Services
RO0061, 2018, E-Government
-
Open Access to Research
RO0062, 2018, Access to Information
-
Open Education
RO0063, 2018, Access to Information
-
Evaluate Open Data
RO0064, 2018, Access to Information
-
Open Data
RO0065, 2018, Access to Information
-
Improving the Legal Framework and Practices Regarding Access to Public Interest Information
RO0030, 2016, Access to Information
-
Centralized Publishing of Public Interest Information on the Single Gateway Transparenta.Gov.Ro
RO0031, 2016, Capacity Building
-
Promoting Open Parliament Principles
RO0032, 2016, Capacity Building
-
Improved Management of the Applications Submitted for Granting Citizenship
RO0033, 2016, Capacity Building
-
Standardization of Transparency Practices in the Decision-Making Procedures
RO0034, 2016, Capacity Building
-
Centralised Publication of Legislative Projects on the Single Gateway Consultare.Gov.Ro
RO0035, 2016, Capacity Building
-
Citizens Budgets
RO0036, 2016, Capacity Building
-
Improve Youth Consultation and Public Participation
RO0037, 2016, Capacity Building
-
Subnational Open Government
RO0038, 2016, Capacity Building
-
Promoting Transparency in the Decision-Making Process By Setting Up a Transparency Register (RUTI)
RO0039, 2016, Anti-Corruption
-
Access to Performance Indicators Monitored in the Implementation of the National Anticorruption Strategy (SNA)
RO0040, 2016, Access to Information
-
Improve Transparency in the Management of Seized Assets
RO0041, 2016, Access to Information
-
Annual Mandatory Training of Civil Servants on Integrity Matters
RO0042, 2016, Anti-Corruption
-
Improving Access to Cultural Heritage
RO0043, 2016, Capacity Building
-
Open Data and Transparency in Education
RO0044, 2016, Access to Information
-
Virtual School Library and Open Educational Resources
RO0045, 2016, Capacity Building
-
Open Contracting
RO0046, 2016, Anti-Corruption
-
Increasing the Quality and Quantity of Published Open Data
RO0047, 2016, Access to Information
-
Publishing the Public Interest Information on a Single Government Portal: Transparenta.Gov.Ro
RO0019, 2014, Access to Information
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Making an Inventory of the Datasets Produced by the Ministries and Subordinate Agencies
RO0020, 2014, Access to Information
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Ensuring the Free Online Access to National Legislation
RO0021, 2014, E-Government
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Amending Law 109/2007 on the Re-Use of Public Sector Information
RO0022, 2014, Access to Information
-
Opening Data Collected from the National Health System
RO0023, 2014, Access to Information
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Opening Data Collected from the Monitoring of Preventive Measures as Part of the National Anticorruption Strategy 2012-2015
RO0024, 2014, Access to Information
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Open Contracting
RO0025, 2014, Anti-Corruption
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Opening up Data Resulted from Publicly-Funded Research Projects
RO0026, 2014, E-Government
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Increasing the Quality and Quantity of Published Open Data
RO0027, 2014, Access to Information
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Human Resource Training in the Field of Open Data
RO0028, 2014, Access to Information
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Disseminating Information on the OGP Principles and Promoting the Open Data Concept in an Accessible Manner
RO0029, 2014,
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Designating a Person Responsible for Publishing Open Data in Each Public Institution
RO0001, 2012, Access to Information
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Identifying Regulatory Needs, Logistical and Technical Solutions
RO0002, 2012, Access to Information
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Making an Inventory of Available (High-Value) Data-Sets
RO0003, 2012, Access to Information
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Priority Publishing on the Web Pages of Public Institutions of Specific Data-Sets
RO0004, 2012, Access to Information
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Initiating Pilot-Projects, in Partnerships
RO0005, 2012, Access to Information
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Organizing Public Debates on the Utility of Open Data, in Partnerships
RO0006, 2012, Access to Information
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Uniform, Machine-Readable Publishing Format for Open Data
RO0007, 2012, Access to Information
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Procedures for Publication of Data-Sets Based on Civil Society Recommendations
RO0008, 2012, Access to Information
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Procedures for Citizen Complaints Pertaining to Open Data
RO0009, 2012, Access to Information
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Consultation Mechanism Between Suppliers and Beneficiaries of Open Data
RO0010, 2012, Access to Information
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Creating a Rating System for the Assessment of High-Value Data-Sets
RO0011, 2012, Access to Information
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Routinely Publishing Specific Data-Sets on Web Pages of Public Institutions
RO0012, 2012, Access to Information
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Integrating Open Data from Public Institutions in a Single National Platform
RO0013, 2012, Access to Information
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Inventories of Data, in Order to Facilitate Public Access
RO0014, 2012, Access to Information
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Institute a Monitoring Mechanism of Compliance for Open Data
RO0015, 2012, Access to Information
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Stimulating the Market for Innovative Use of Open Data
RO0016, 2012, Access to Information
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Routinely Publishing Data-Sets on the National Platform, 25% High-Value
RO0017, 2012, Access to Information
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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, Access to Justice