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  • Publication Date: 03-2019
  • Content Type: Working Paper
  • Institution: Center for Global Development
  • Abstract: Transparency by design: Transparency should be the norm for all government contracts, particularly regarding information on what is being exchanged and for what price. Contracting systems should be designed to support proactive publication of contracts as open data. Public contracting should be designed for transparency and efficiency. Full contract publication should be the norm. Information needed to judge value for money should be disclosed. Exceptions in the public interest: Redactions on the basis of commercial sensitivity should only be justified where the public interest in withholding information is greater than the public interest in having that information published. The assessment should take into account both any commercial harm to the contractor and the broader benefits of transparency to markets and public trust. Where exceptions to publication are considered: Information should only be redacted for reasons of commercial sensitivity when the public interest in withholding information is greater than the public interest in disclosure. The public interest test should take into account the wider economic benefits of the sharing of commercial information, as well as the case for accountability and the public’s right to know. All redactions should be clearly marked with the reason for redaction. A clear and robust process: Governments should issue detailed guidance on commercial sensitivity principles and exemptions, put in place systems to support publication, ensure that redaction is time-limited, and use other oversight mechanisms to compensate for information withheld from publication. Governments should issue clear guidance to public entities, agencies, and firms on contract publication and when information may be exempted from publication for commercial sensitivity reasons. Where redaction is potentially allowed, there should be a clear process for determining what is redacted, why, for how long, and with what appeals process. There should be a system for ensuring that contracts and contract information are in fact disclosed in practice. Where exemption to disclosure of information is granted for commercial sensitivity reasons, this should be grounds for increased scrutiny through other oversight mechanisms.
  • Topic: Government, Transparency, Public Service, Contracts
  • Political Geography: Global Focus
  • Author: Artur Kovalchuk, Charles Kenny, Mallika Snyder
  • Publication Date: 06-2019
  • Content Type: Working Paper
  • Institution: Center for Global Development
  • Abstract: This paper examines the impact of Ukraine’s ambitious procurement reform on outcomes amongst a set of procurements that used competitive tendering. The ProZorro system placed all of the country’s government procurement online, introduced an auction approach as the default procurement method, and extended transparency. The reform was introduced with a dramatic increase in the proportion of government procurement that was conducted competitively. This paper examines the impact of ProZorro and reform on contracts that were procured competitively both prior to and after the introduction of the new system. It finds some evidence of impact of the new system on increasing the number of bidders, cost savings, and reduced contracting times.
  • Topic: Governance, Reform, Procurement, Contracts
  • Political Geography: Europe, Ukraine, Eastern Europe
  • Publication Date: 06-2019
  • Content Type: Commentary and Analysis
  • Institution: Oxford Economics
  • Abstract: The entrance of a Chinese state-owned enterprise (SOE) in the transit passenger railcar manufacturing sector disrupts the current private-sector competitive railcar manufacturing sector in the U.S. In this study, Oxford Economics measures the net effects, stemming from this disruption by quantifying the loss to U.S. jobs, income and GDP that result from anti-competitive SOE practices. Even when domestic protective measures, such as 'Buy America' are put in place loss due to the SOE offshoring key apsects of their supply chain quickly accumulates--especially given the size and duration of municipal transit railcar contracts. We estimate that for every $1 billion in new contracts awarded to a Chinese SOE, the U.S. loses between 3,250 and 5,100 jobs.
  • Topic: Hegemony, Employment, State Actors, Manufacturing, Job Creation, Supply Chains, Contracts
  • Political Geography: China, Asia, North America, United States of America
  • Author: Robert Pitman
  • Publication Date: 02-2019
  • Content Type: Policy Brief
  • Institution: Natural Resource Governance Institute
  • Abstract: Many of the most important contracts for publicly owned oil, gas and minerals in Mongolia remain secret, despite government promises to make contracts public. A review of publicly available contracts in Mongolia suggests that contracts are unlikely to contain the kinds of information about a project that are commercially sensitive. Likewise, evidence suggests that there is no reason to think that confidentiality clauses prevent disclosure of contracts. Contracting regimes in Mongolia are complex and therefore in many instances, it will be necessary to publish several contracts and associated documents for each project. There are five steps that the government can take to make contracts public: 1) explain the contracting landscape, 2) define the scope of disclosure, 3) establish a contract disclosure rule, 4) make contracts accessible, and 5) support contract use.
  • Topic: Civil Society, Government, Oil, Gas, Journalism, Tax Systems, Mining, Private Sector, Contracts
  • Political Geography: Mongolia, Asia
  • Author: Sebastian Sahla, Hosana Chay, Robert Pitman
  • Publication Date: 05-2019
  • Content Type: Policy Brief
  • Institution: Natural Resource Governance Institute
  • Abstract: Contract disclosure is a growing global norm. The Extractive Industries Transparency Initiative (EITI) board agreed to require all member governments to disclose the contracts they sign with oil, gas and mining companies beginning in January 2021. Around the world governments, companies and civil society are increasingly advocating for disclosure. In Myanmar, progress has been extremely slow. Despite civil society activists and several major investors supporting reforms, the government has not disclosed any petroleum or mining contracts so far. With new licenses expected to be issued in the petroleum, minerals and gemstone sectors, the Myanmar government should act now to keep pace with a global trend.
  • Topic: Corruption, Natural Resources, Regulation, Negotiation, Legislation, Transparency, Contracts
  • Political Geography: Afghanistan, Mongolia, Asia, Sierra Leone, Mexico, Myanmar, Cameroon
  • Author: Gregory Sanders, Andrew Philip Hunter
  • Publication Date: 11-2018
  • Content Type: Working Paper
  • Institution: Center for Strategic and International Studies
  • Abstract: This report tracks businesses new to the federal contracting arena from 2001-2016, otherwise known as new entrants, using publicly available contracting data from the Federal Procurement Data System (FPDS). Firm-level information on these vendors is collected over this time period and used to evaluate entrances, exits, and status changes among federal vendors with the purpose of comparing challenges faced by small businesses with those of larger ones. The final results compare the survival rates between small and non-small new entrants contracting with the federal government and calculate the graduation rates for those small new entrants who grew in size during the observation period and survived after ten years.
  • Topic: Privatization, Non State Actors, Business , Contracts
  • Political Geography: Global Focus