UNCITRAL United Nations Commission on International Trade Law Using E-Procurement data to measure the transparency and performance of public spending Experience of UNCITRAL Samira Musayeva, UNCITRAL secretariat
Relevance of the UNCITRAL Model Procurement Law • Basis for a sound procurement law framework (modern, stable, predictable, harmonized with international standards ) • Facilitates e-procurement (e-publication, e- submission, e-meetings, e-tender opening, e-evaluation, ERAs and e-FWAs) • Promotes unitary and strategic approach to procurement • Provides for practical measures to achieve traceability, transparency, accountability UNCITRAL United Nations Commission on International Trade Law
E-procurement: what guided UNCITRAL? • Reported savings • Functional equivalence, technological neutrality and non-discrimination • Issues of IT readiness • Issues of a set-up and access • Issues of confidence and reliability UNCITRAL United Nations Commission on International Trade Law
Data collection and analysis: what guided UNCITRAL? • Proper procurement planning • Monitoring and oversight of procuring entities • Monitoring and oversight of the market • Monitoring of, and improvements in, procurement systems, including legislative, regulatory and institutional frameworks • Capacity-building and professionalization of a procurement function UNCITRAL United Nations Commission on International Trade Law
“Data revolution” in the UN development agenda • Calls for improved access to data, data collection and analysis, in particular for: – Assessing aid effectiveness; and – Demonstrating tangible results for people. UNCITRAL United Nations Commission on International Trade Law
Experience with the use of the 2011 Model Law: obstacles to performance measurement • Issues with data collection, aggregation and analysis (design of systems, parallel systems, issues of standardization, interoperability and treatment of sensitive info) • Data and access manipulation (human intervention where it is not supposed to be, objectivity where it cannot be: pursuing socio-economic goals through procurement, best price-quality ratio, etc.) • Obsession with recouping of costs instead of cost-benefit analysis, with short-term vs. long-term impact, with one solution instead of combination of several • E-government: absence of strategic approach to procurement UNCITRAL United Nations Commission on International Trade Law
Lessons learned • Transparency is important but alone is not sufficient • E-procurement has no automatic effect on enhanced transparency – depends on a set-up and policies – only potential is there • Excessive transparency may in fact be disruptive and damaging • Professionalization of a procurement function, capacity-building and change in culture is paramount UNCITRAL United Nations Commission on International Trade Law
Q&A Thank you! UNCITRAL United Nations Commission on International Trade Law
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