Embracing Open ContracƟng in Africa

Case studies from Kenya, Tanzania, Uganda, Malawi, Zambia,
South Africa, Ghana, Nigeria, Senegal and Cote d’Ivoire

Dr. Nicholas Ozor
Mr. Alfred Nyambane
African Technology Policy Studies Network (ATPS)HNO

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The African Technology Policy Studies Network (ATPS) is atransdisciplinary network of researchers, policymakers, private
sector actors and the civil society promo ng the genera on,
dissemina on, use and mastery of Science, Technology andInnova ons (STI) for African development, environmental
sustainability and global inclusion. In collabora on with likeminded ins tu ons, ATPS provides pla orms for regional andinterna onal research and knowledge sharing in order to build
Africa’s capabili es in STI policy research, policymaking andimplementa on for sustainable development.

NO L O G Y P OLI

Published by the African Technology Policy
Studies Network (ATPS)

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P O Box 10081, 00100 GPO Nairobi, Kenya© 2020NET

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ISBN: 978-9966-124-89-0

Table of Contents
About the Civic Engagement for Open Contrac ng in
Africa project............................................................................... iii
About the African Technology Policy Studies Network (ATPS).... iv
Acknowledgement...................................................................... v
Key Messages.............................................................................. vi
1.
Introduc on...................................................................... 1
2.
Ra onale for Open Contrac ng in Africa.......................... 3
3.
Understanding Public Procurement and Open
Contrac ng....................................................................... 4
3.1 Public Procurement.......................................................... 4
3.2 Open Contrac ng and Open Contrac ng Data
Standards (OCDS).............................................................. 5
4.
Methodology..................................................................... 8
5.
Major Findings.................................................................. 10
5.1 Ins tu onal Arrangements.............................................. 10
5.2 Policy and Legal Framework............................................. 11
5.3 Technical Assessment of procurement systems................11
5.4 Stakeholder Iden fica on and User Engagement............ 12
6.
Compara ve Analysis of Compliance to Open
Contrac ng Principles and Prac ces in the Case
Study Countries................................................................ 14
7.
Conclusion........................................................................ 16
8.
Policy Recommenda ons................................................. 17
References........................................................................ 21
ATPS Technopolicy Brief Series......................................... 23

Embracing Open Contrac ng in AfricaiList of Figures
Figure 1:

Stages of Transac on and Contrac ng process....... 7

List of Tables
Table 1:

ii

State of Public Procurement Openness per
Study Country .......................................................... 14

Embracing Open Contrac ng in Africa

About the Civic Engagement for Open
ContracƟng in Africa project
Hivos and ARTICLE 19 launched the programme, Open Up Public
Contrac ng, to support Civil Society Organiza ons (CSOs), journalists,
entrepreneurs, start-ups and other frontline organisa ons in theselected focus countries to develop the capaci es they need toengage in the open contrac ng agenda and to translate contrac ng
data and documents into ac onable informa on for evidence-based
advocacy with governments. It is based on this that the African
Technology Policy Studies Network (ATPS) anchored its researchto establish the state of Open Contrac ng (OC) in selected African
Countries and document what works, what doesn’t work and why inthe implementa on of open contrac ng in the respec ve countries.
The target countries include, Kenya, Tanzania, Uganda, Malawi,
Zambia, South Africa, Ghana, Nigeria, Senegal and Cote d’Ivoire
selected based on regional representa on in sub-Saharan Africa.

Embracing Open Contrac ng in AfricaiiiAbout the African Technology Policy
Studies Network (ATPS)
The African Technology Policy Studies Network (ATPS) is a transdisciplinary network of researchers, policymakers, private sector
actors and the civil society promo ng the genera on, dissemina on,
use and mastery of Science, Technology and Innova ons (STI) for
African development, environmental sustainability and global
inclusion. ATPS has over 1,500 members and 3,000 stakeholdersin over 51 countries in 5 con nents with ins tu onal partnerships
worldwide. We implement our programs through members in
na onal chapters established in 30 countries (27 in Africa and 3
Diaspora chapters in Australia, United States of America and theUnited Kingdom). In collabora on with like-minded ins tu ons,
ATPS provides pla orms for regional and interna onal researchand knowledge sharing in order to build Africa’s capabili es in STI
policy research, policymaking and implementa on for sustainable
development.

iv

Embracing Open Contrac ng in Africa

Acknowledgement
This policy brief was produced by the African Technology Policy
Studies Network (ATPS) with support from Hivos. We par cularly
appreciate the immense contribu ons made by our Na onal chapter
coordinators in the study countries and the resource persons
involved in the research for their selflessness and sacrifices during
the COVID-19 pandemic to ensure that data collec on was a success.
Special thanks to Geoﬀrey Owino and William Owande for their eﬀort
in data entry and analysis.

Embracing Open Contrac ng in AfricavKey Messages• Open contrac ng is a system of procurement that allows
disclosure of procurement data at all stages of procurement andallows for engagement and feedback from other stakeholders.
• Open contrac ng is increasingly gaining prominence across
Africa. This has been brought about by the obvious benefits thatcome with its full implementa on. Many African countries havebeen making significant progress towards implemen ng open
contrac ng by enac ng policies that support the principles ofopen contrac ng.
• Increasingly, African countries are pu ng in place ins tu onal
frameworks that are geared towards enac ng laws and regula ng
procurement procedures in their countries. However, theseins tu onal frameworks have not fully embraced the par cipa onof other stakeholders in the whole procurement process.
• Timely repor ng, proper data management, compliancemonitoring, and proac ve disclosure remain a challenge due
to a lack of user-friendly digital tools for procurement. Somecountries have embraced e-procurement systems but there arecapacity challenges across the various spectra of stakeholders.
• Procurement en es across many African countries do notproac vely disclose all procurement data at all stages ofprocurement, most notably at the stages involving payment andservice delivery.
• Engaging with various user groups (government, civil society,and private sector) can help to iden fy key gaps in exis ng datacollec on, inform eﬀorts to improve data systems (including thedesign of an e-procurement solu on) and also inform eﬀec ve
policies for procurement processes.
vi

Embracing Open Contrac ng in Africa

1.

IntroducƟon

Governments worldwide spend an es mated US$ 10 trillion on
public contrac ng. It is a major part of any economy- up to 30
percent in developing countries. According to the World Bank, public
procurement accounts for nearly 15 percent of GDP per capita in
sub-Sahara Africa (SSA) (Djankov et al, 2016).
Contrac ng is an essen al step in delivering goods and services
that people care about: quality educa on, quality health care, safe
roads and clean drinking water. Public procurement is a controversial
subject in both developed and developing countries due to various
reasons such as corrup on. Some forms of corrup on are moreprevalent in certain countries, according to the United Na ons Oﬃce
on Drugs and Crime (UNODC, 2013).
Corrup on in public procurement is manifested in unnecessary
projects, substandard and unnecessarily expensive work, thediversion of resources, and unjus fied and unexpected price increases
resul ng in inequity and inequality. This has been exacerbated by
the absence of appropriate accountability mechanisms to ensure
targeted funding of essen al services such as educa on, health andtransport. Ghost funding and poor service delivery have been thetrend in many African countries and yet there have been eﬀorts
across Africa to open up contrac ng.
Open Contrac ng (OC) is “about publishing and using open,
accessible and Ɵmely informaƟon on government contracƟng toengage ciƟzens and businesses in idenƟfying and fixing problems.”1hƩps://www.open-contracƟng.org/what-is-open-contracƟng/Embracing Open Contrac ng in Africa

1

As a process, open contrac ng is a commitment by governments who
are the data holders to engage a variety of stakeholders, including
ci zens and the private sector, in meaningful discussion aboutprocurement performance and processes.
Whereas there have been some achievements reported according
to Hivos synthesis report of 2016 on OC in 15 countries, there is s ll
a lot that needs to be done in Africa in order to reach the levels
achieved by developed countries in Europe and the Americas as well
as some developing countries in Asia (Hivos, 2016). Some of thethings that need to be done to promote open contrac ng involve theenactment of policies and ins tu onal frameworks that enshrine
open contrac ng in public procurement.
There is also need to build the capacity of stakeholders/actors
involved in public procurement to embrace open contrac ng which
has mul ple benefits that range from s mula ng compe on,
promo ng accountability, s mula ng innova on and enhancing
fairness in awarding of contracts as well as ensuring the quality
provision of services and goods.
It is against this background that the African Technology Policy
Studies Network (ATPS) anchored its research to establish the stateof OC in selected African Countries and document what works, what
doesn’t work and why in the implementa on of OC in the respec ve
countries.
The target countries include, Kenya, Tanzania, Uganda, Malawi,
Zambia, Sou th Africa, Ghana, Nigeria, S enegal and Cote d’Ivoire
selected based on regional representa on in sub-Saharan Africa.

2

Embracing Open Contrac ng in Africa

2.

RaƟonale for Open ContracƟng in
AfricaProcurement cons tutes an average of 50% of government
expenditure in low-and middle-income countries (Transparency
Interna onal UK, 2017). Corrup on is a major problem during thecontrac ng process. The Organisa on for Economic Co-opera on
and Development (OECD), the European Commission, and the
UNODC all cite public procurement as the largest corrup on risk forgovernments (Open Contrac ng Partnership [OCP], 2016). According
to the UNODC (2013), corrup on reduces the value of a public
contract by 10 to 25%. The financial cost–not to men on the humancost of corrup on in this sector is significant. The importance of open
contrac ng goes well beyond an -corrup on. A clear case can bemade that it has a significant impact on government eﬃciency, value
for money, and fair compe on. There is a very clear correla on
between publishing more informa on about tenders and a reduced
likelihood of single-bid contracts which have been reported to be
7–10% more expensive (Fazekas and Kocsis, 2015).
As open contrac ng focuses on disclosure of more and more
informa on, ci zen/stakeholder engagement has been seen as a
cri cal element in ensuring accountability and meaningful use of theopened up contrac ng data. The diﬀerent stakeholder categories
have very diﬀerent and cri cal roles to play in the whole process ofopen contrac ng in order to achieve the meaningful benefits of it. For
instance, the infomediaries will interpret the open contrac ng data
to provide meaningful informa on to the less technical stakeholders(Dietriech, 2017). This policy brief, therefore, provides specific policy
recommenda ons which if implemented, will go a long way inpromo ng open contrac ng across Africa.
Embracing Open Contrac ng in Africa33.

Understanding Public Procurement
and Open ContracƟng

3.1 Public Procurement
The term “public procurement” refers to the process through which
public en es (governments, government agencies, sub-na onal
governments, etc.) purchase goods and services. There are fivephases in the procurement process:•

Planning: Before seeking a supplier to provide specific goods
or services, governments undertake a planning process todetermine the goods or services needed. Planning includes
dra ing procurement plans, and may also include the conduct ofvarious assessments (public needs, environmental, social impact,etc.) and outreach eﬀorts (public hearings, site visits, etc.) aimed
at understanding the nature of the interven on required.

•Tender: The second phase of procurement is the issuance of atender, o en referred to as an invita on to bid (ITB). Governments
are o en required by law to publicize ITBs to ensure that poten altenderers, or bidders, have the opportunity to bid. While there
are many diﬀerent types of tender process (open, limitedcompe ve, reverse-auc on, etc.), the tender period is of fixed
length. At the end of the tender phase is an evalua on period
during which the procuring en ty selects a winning tenderer.

•Award: Once a bidder has been selected, the procuring en ty
no fies the winning tenderer, now called the “supplier.” The
procuring en ty also no fies the losing tenderers that they havenot been selected.

4

Embracing Open Contrac ng in Africa•Contract: Once a supplier has been selected, the supplierand procuring en ty sign a contract. Some mes there is an
opportunity for nego a on on the final goods and services to beprovided and contract amount. Although necessary, nego a on
also provides an opportunity for corrup on to enter the process.

•ImplementaƟon: Once a contract has been finalized, theimplementa on process begins. Depending on the size andscope of the contract, the supplier must o en mes meet set
milestones to receive payments, which are dispersed throughout
the implementa on period. At the end of implementa on,
evalua on of the contrac ng period should take place.
While each legi mate contrac ng process enters into all five (5)phases at some point in me, the phases may take on dis nc ve
appearances depending on the country, the procuring en ty,
the contrac ng method, and mul ple other factors. A par alconsequence of the dis nc veness of procurement processes isthe prolifera on of the lexicon used in describing them. Even
when describing the same process or actor, the terminology
used may diﬀer. For instance, a “supplier” may also be referred
to as a “contractor” or a “tenderer” (even if the term “tenderer”
may also refer to the en ty that has issued the tender).

3.2 Open ContracƟng and Open ContracƟng Data Standards (OCDS)Open contrac ng has become a new global norm, recommended
and endorsed by global bodies such as the G7, the G20, OECD, theEuropean Commission, the World Bank, and the European Bank ofReconstruc on and Development. Global open government and open
data ini a ves (ODI) such as the Open Government Partnership (OGP)and the Open Data Charter (ODC) also support opening up public
contracts as a priority issue. Open Contrac ng aims at transforming
how business is done by engaging stakeholders across government,
private sector and civil society to collaborate on reforms, engage
users, respond to feedback and to create open data and tools to drive
Embracing Open Contrac ng in Africa

5systema c change. Some of these tools include using OCDS which
is an open data standard for a structured presenta on of the dataon the contrac ng process. It was developed by Open Contrac ng
Partnership (OCP) to reflect the complete contrac ng cycle.
Open contrac ng has the following benefits and been well
documented by many across the world:•

Ensures value for money, saving governments me and money•

Helps build a fairer business environment and create a levelplaying field for suppliers•

Helps track, monitor and improve spending and service
delivery•Creates new and be er feedback loops between government
and users•

Improves public integrity by deterring fraud and corrup on.

These benefits are only enabled by adop ng OCDS. OCDS is an open
data standard for the publica on of structured informa on on all
stages of a contrac ng process from planning to implementa on.
This public access to open contrac ng data builds trust and ensuresthat the trillions of dollars spent by governments result in be er
services, goods, and infrastructure projects (OCP, 2018).
The publica on of OCDS data can enable greater transparency inpublic contrac ng and can support accessible and in-depth analysisof the eﬃciency, eﬀec veness, fairness, and integrity of public
contrac ng systems. OCDS was designed with a focus on public
procurement of goods, works and services, but can be extended
for use in other contexts. Access to informa on legal framework
is cri cal in advancing disclosure of procurement data and is an
6

Embracing Open Contrac ng in Africa

enabler of public par cipa on which are the two components of theopen contrac ng approach. On the other hand, open contrac ng
has triggered more ac ons around access to informa on and push
for adop on and implementa on of the access to informa on legal
framework.
Figure 1: Stages of TransacƟon and ContracƟng process
Open
FiscalData
Package(Stages of thetransacƟon)Open
Contracting
DataStandard(Stages of theContracting
Process)

Executive
Verification Payment
Budget Approved Apportionment Reservation Commitment Adjusted (Accrued)
Order
Proposal

Planning

Initiation(Tender) Award Contract

Payment

Implementation

Source: hƩps://extensions.open-contracƟng.org/en/extensions/budgetandspend/master/

The figure above shows a mapping between the stages of a transac on
and the stages of a contrac ng process. The stages of a transac on are
generally common across diﬀerent jurisdic ons. Some jurisdic ons
might not record all stages, some might use diﬀerent terminology,
and some might have more stages. With open data, contrac ng
informa on can be made ac onable by developing tools to analyseand si through contracts, improve access and no fica ons for firms
and finally, monitor delivery by contractors on what they are paid for.

Embracing Open Contrac ng in Africa

7

4.

Methodology

This study used both primary and secondary data collec on methods.
The secondary data were obtained through comprehensive deskstudies, where published policy materials, online journals and all
relevant grey literature were reviewed and analyzed.
The primary data were obtained through Key Informant Interviews(KIIs) and online surveys. This was a modifica on of the originallyplanned physical interviews and Focus Group Discussions (FGD)
to adapt to the COVID-19 pandemic which paralyzed interna onal
travels and to a greater extent in-country movement. As much as
possible, online tools such as Skype, Zoom were also used in theinterviews or to get clarifica ons.
The Data collec on tools were designed to cover a range of issues
that would provide insights into the poten al for implemen ng theopen contrac ng interven on in a given polity. They include:•Ins tu onal arrangements: the structure of the poli cal
ins tu ons as they related to the procurement process;•Policy and legal framework: the structure of laws aroundprocurement and disclosure of informa on and the view of thegovernment on informa on disclosure and open contrac ng;•

Technical assessment of the procurement management systems,
data collected during the procurement process and quality ofthat data; and8

Embracing Open Contrac ng in Africa

•

Stakeholder Iden fica on and user engagement: eﬀorts andini a ves by the government and other stakeholders to engage
with procurement data, both in the present and past. Stakeholders
related to the government, civil society/media, private sector
actors shaping the procurement landscape, their technicalcapaci es, use cases and opportuni es for collabora on.

Quan ta ve data analysis mainly consisted of descrip ve
sta s cs (frequencies and percentages) and inferen al sta s cs.
The frequencies and percentages were used to determine therespondents’ views. Qualita ve data were analysed using content
analysis. The qualita ve data was re-organized into meaningful
shorter sentences.
A thema c approach was used to analyze qualita ve data wherethemes, categories and pa erns were iden fied.

Embracing Open Contrac ng in Africa

95.

Major Findings

Public procurement reforms among African countries are notsignificantly diﬀerent in terms of stages of reform, components ofreform strategies, and implementa on. In most African countries,
public procurement reforms have been preceded by assessmentsof the exis ng system, either by consultants or by external donor
agencies par cularly the World Bank through country procurement
reports.
In terms of components of the reforms, most African countries
have created new procurement legisla on that has put in place newins tu onal frameworks through which procurement is expected
to be managed. The major findings from this research study aredescribed under the following headings:
5.1 InsƟtuƟonal Arrangements
The study findings reveal that there are designated government
agencies that have the primary responsibility for crea on, monitoringand enforcement of procurement rules in the study countries. The
government procurement agencies in the study countries havesignificant powers/ legal authority to eﬀect the procurement reforms
except in Senegal where a minority (33%) of the respondents did not
believe that the procurement agency in the country has powers toeﬀect any reforms.
The systems in place for procurement are also used in the subna onal
government en es. The study countries have a empted to reformtheir public procurement system, have ins tuted control measures
like a central authority where procurement ac vi es are coordinatedto ensure that systema c procurement processes are followed.
10 Embracing Open Contrac ng in AfricaOther stakeholders outside government have also been encouraged
to par cipate in the procurement processes to ensure transparency,
accountability and par cipa on.
5.2 Policy and Legal Framework
The study results show that the countries have relevant legisla on
and policies in place to guide procurement processes. These are
however, not fully applied by all ins tu ons, including by sub-na onal
procuring en es (PEs), and smaller ministries and agencies. In mostof the study countries, the legisla on provide for a somewhat clear
procedure for procurement. It defines procurement methods andcircumstances where each procurement method can be used anddefines criteria for the award of contracts.
The countries also have regula ons that guide implementa onof the policies. Majority of the respondents across the countries
interviewed indicated that procurement en es or government
agencies are required by law to use contrac ng data to produce
annual procurement reviews, monitoring and evalua on framework,
supplier performance reviews or other tools and publica ons. Fromthe study, it was reported that the laws and regula ons in the
countries provided for the public to access procurement informa on,
requires proac ve disclosure of the tender informa on, planningand implementa on of procurement.
5.3 Technical Assessment of procurement systems
The study revealed that there is some form of electronic systemused in the collec on of procurement data in the target countries.
However, other systems of collec on and storage of procurement
data are also used. These include manual/paper-based, web-based/
portal systems, database (Excel/Access) among others. According to
the study findings, only 21.4% of the respondents confirmed that
their countries used both manual repor ng and transac onal system(consist of computer hardware and so ware hos ng a transac onoriented applica on that performs the rou ne transac ons necessary
Embracing Open Contrac ng in Africa

11to conduct business) in collec ng procurement informa on while
the others (78.6%) either used transac onal or manual systems.
The type of data collected varies from country to country with
diﬀerent levels of access rights. Although the procurement policy inthe study countries provided for proac ve disclosure of procurement
and contrac ng informa on, the procurement systems are notfully open and access is restricted due to various reasons including
security reasons as well as the sensi vity of some of the tenders
such as those rela ng to na onal defence and security.
There are reported challenges and concerns about the maintenanceof the systems and the ability to have the systems security hack-proof.
It was also noted that most of the systems did not generate data inusable formats to ease analysis to allow meaningful interroga on
and par cipa on by non-technical stakeholders in the processes.
The study also revealed that the stakeholders would priori ze tohave open access to the public, the award of contract informa on,planning informa on and tender and implementa on informa on
as opposed to evalua on and prequalifica on of suppliers’
informa on. Ironically, only 9% of the respondents across the study
countries preferred to have all stages of procurement informa on
available and open for scru ny by the public. In Kenya for instance,
despite having an execu ve order issued by president Uhuru
Kenya a in June 2018 (Odhiambo, 2020), asking all ministries, state
departments and agencies that the par culars of winning bidders
to any procurement, including their directors and shareholders,be made public, government agencies have for over two years notconformed with this order.
5.4 Stakeholder IdenƟficaƟon and User Engagement
The study iden fied diﬀerent stakeholders engaging in public
procurement in the diﬀerent countries where the study was
conducted. It was found that diﬀerent stakeholders in the diﬀerent
12 Embracing Open Contrac ng in Africa

study countries engaged diﬀerently and at diﬀerent stages of the
procurement process. The governments are the major players throughtheir established procurement authori es which were highly rated
by 53% of respondents as being very influen al in guiding decisions
on data collec on and privacy in the procurement process. The
primary government stakeholders are highly open to partner with
non-government stakeholders on ma ers on procurement according
to 76% of the respondents interviewed during the study.
The study also revealed that the civil society is using procurement
data generated by the various authori es to engage in advocacy
and lobbying ac vi es to increase the level of openness in public
procurement. The private sector was deemed open to engage
with other stakeholders in advoca ng for increased openness anddisclosure of data in public procurement.
There have been reported aﬃrma ve ac ons in some of the study
countries where a certain percentage of all government procurement
opportuni es have been reserved for youth, women and people livingwith disabili es (PWDs). In Kenya and Tanzania, this has been backed
by policy that prescribes that 30% of government opportuni es are
given to the marginalized groups. It was, however, noted that not allof the opportuni es reserved for special groups are taken up by thegroups thereby defea ng the purpose for such reserva ons.

Embracing Open Contrac ng in Africa

13

6.

ComparaƟve Analysis ofCompliance to Open ContracƟng

Principles and PracƟces in the Case Study Countries
The study countries compared very well in many aspects of public
procurement principles and prac ces. They all have the requisite
policies and legal frameworks; they all have elaborate ins tu onal
frameworks for public procurement. The table below shows the
progress made by the study countries in implemen ng open
contrac ng based on the views of the majority of the respondents
and to some extent secondary literature.
Table 1: State of Public Procurement Openness per Study Country
Variable of interest

Cote
Ghana Kenya Malawi Nigeria Senegal South Tanzania Uganda Zambia
d’Ivoire
AfricaPresence of procurement
policy and procurement
Authority



  



  

 

Monitoring of procurement
laws by government agency



  



  

 

Laws suppor ng access todata and engagement ofci zens in procurement
processes



  



  

 

Requirement by law public
procurement
processes are Audited



  



  

 



  



  

 



  



  

 



  



  

 

Availability of policies fordata collec on and valida on
at each stage of procurement
process
New ini a ves aimed atincreasing the level of
openness in procurement
Discussions on new /amendment of legisla on to
support open contrac ng

= Yes= No

14 Embracing Open Contrac ng in Africa

All the study countries have elaborate laws that allow access to public
procurement data and engagement of ci zens in the procurement
processes. However, there are diﬀerent levels at which these laws
are implemented and enforced in the countries under study. The
disclosure of data varies from step to step in the procurement processfrom country to country. Our findings however revealed that there
are preferred stages where stakeholders want to have procurement
data availed. Awarding of contract stage data was most preferredby majority of the respondents (39%) followed by planning stage(21.7%) and then tendering and implementa on stage (17.3%). The
least (4.3%) preferred data was that rela ng to prequalifica on of
suppliers. Only 8.7% of the respondents preferred to have data fromall the stages of procurement.
Most of the study countries are embracing new ini a ves thatare aimed at increasing openness in public procurement as well
as developing new policies or amending exis ng ones to makethem more robust in increasing openness, accountability andincreasing par cipa on of stakeholders. In South Africa for instance,stakeholders, led by the civil society organiza ons are pushing toreview the public procurement policy. Currently, the dra Public
Procurement Bill is in its final dra ing stages (Dlamini, 2020). The
COVID-19 pandemic has unveiled weaknesses in the procurement
policies in almost all the countries studied. In Senegal, the president
issued a Decree (Sanchez et al., 2020) that exempted all COVID-19
related procurements from following the set procurement code ofprac ce. The pandemic challenges have raised issues that require a
rethink of how to procure vital goods and services while at the sameme ensuring accountability, transparency and ci zens par cipa on.

Embracing Open Contrac ng in Africa

15

7.

Conclusion

This policy brief aims to influence the full adop on of open
contrac ng across Africa. Whereas there is significant progress
towards implemen ng open contrac ng across the study countries,
there remains a long way to go to achieve the objec ves of open
contrac ng. There is s ll rampant flou ng of procurement proceduresas prescribed by the na onal policies in place leading to serious
corrup on cases, poor accountability and poor service delivery. In
order to correct this anomaly, this policy brief has proposed specificpolicy changes that if fully implemented will have diﬀerent outcomesin the medium and long term. Loopholes in the procurement systems
need to be iden fied and sealed using full-proof technologies andsystems that are backed by policy. Procurement en es need to liaise
with procurement authori es to ensure that there is enough capacity
in the u liza on of these systems and have in place mechanisms
for enforcement. Par cipa on of the other stakeholders should be
encouraged throughout the processes of procurement by mely andproac vely disclosing data and have a reliable feedback system.

16 Embracing Open Contrac ng in Africa

8.

Policy RecommendaƟons

The following policy recommenda ons are informed by the study
conducted in the ten (10) countries. These are classified in thefour (4) areas namely: Ins tu onal arrangements, policy and legal
frameworks, technical assessment of procurement systems andstakeholder iden fica on and user engagement.
RecommendaƟon 1: Strengthen the enforcement of exisƟng policies
and InsƟtuƟonal frameworks:
Considering that most countries have exis ng policy and ins tu onal
frameworks on procurement and open contrac ng system, it becomes
impera ve that the gap or failure in achieving desired targets is in
implementa on and enforcement. To achieve sustained impact,
we do recommend that the independence of the procurement andregulatory authori es be ensured and devoid of interference frompoli cians and other senior civil servants. To ensure transparency
and add value to the system, individuals from other non-government
actors should be integrated into the ins tu onal set up and at allstages in the open contrac ng process that is made open to theci zens.
Again, rewards and sanc ons mechanisms need to be fully enforced
in Open Contrac ng. A reward and sanc on system will encourage
and or deter people within the procurement en es or authori es toconform with the open contrac ng ini a ve or face the consequencesof not conforming to the laid down principles and prac ces.
There should be a con nuous monitoring, evalua on, learning andrepor ng (MELR) in Open Contrac ng. Systems need to be put inEmbracing Open Contrac ng in Africa

17

place to aid monitoring, evalua on, learning and repor ng in every
step of the public procurement and open contrac ng process.
Reports from the MELR should be u lized in adjus ng and improvingon the system for eﬃciency and eﬀec veness.
On the other hand, where the exis ng policies and ins tu onal
frameworks on procurement and open contrac ng do not conformwith interna onal best prac ces, there is need to kick start a
review process of such policies and frameworks. In reviewing suchpolicies and frameworks, eﬀorts should be made to ensure ci zens’
par cipa on and inclusion of all cri cal actors in the process.
Workable models will need to be adapted based on the local content
and contexts so as to ensure sustainability and easy implementa onof such new policies and ins tu onal frameworks.
RecommendaƟon 2: Capacity building and strengthening of
relevant actors across the Open ContracƟng value chain:
The study revealed that there are substan al capacity gaps in
staﬀ of the regulatory authori es, public sector, media, private
sector as well as in civil society especially in the ability to decipher
open contrac ng data for use for various purposes. We therefore
recommend constant training and retooling to ensure that all theactors are up to date with the new emerging technologies, tools andtrends in public procurement.
In order to encourage meaningful engagement of all stakeholders,
there is need to ini ate strong advocacy campaigns to sensi ze
the public and educate them on their rights in public procurement
processes for purposes of ensuring they are open and aligned with
the interna onal standards. The media/infomediaries can play a big
and important role here especially through the use of innova ve
communica on tools that are easily interoperable by the diﬀerent
spectra of stakeholders.

18 Embracing Open Contrac ng in Africa

RecommendaƟon 3: Increase investments in Open ContracƟng
infrastructure:
Many technologies and systems have been developed to ease public
procurement as well as minimize loopholes in the process. Cau on
should, however, be taken to ensure that the systems adopted do
not impede openness and access to the procurement data acrossall the stages. E-procurement systems have been used in diﬀerent
countries and the results are encouraging. There is need to ensure
a steady transi on from manual to digital Open Contrac ng systems
across board from planning to implementa on. The investment
in digital infrastructure for public procurement data collec on,processing, sharing, storage and archiving should be deliberately
done to enhance openness of the process.
The OCDS system in public procurement have been very successfully
used in various parts of the world. There is need to fully support
the adop on and implementa on of the OCDS in African countries
to support the opening up of public procurement and ease up
availability of data for various uses.
RecommendaƟon
4:
Ensure inclusivity and stakeholder
engagements across all the procurement steps:
Par cipa on in the procurement processes has been found to bea major concern in the study countries. Eﬀorts need to be madeto ensure that all Open Contrac ng systems are as inclusive as
possible, open, and transparent. This should actually target having
all stakeholders in the procurement authori es as well as in allcommi ees in the procurement chain. The engagements should cut
across the public sector, private sector, civil society, media, women,
youth, vulnerable, girls, people living with disability, among otherspecial groups that may emerge in the respec ve countries.
Ini a ves such as the Access to Government Procurement
Opportuni es (AGPO) program as implemented in Kenya and the
Embracing Open Contrac ng in Africa

19preferen al procurement Act in South Africa among others need to
be encouraged and adopted by other countries that have not yet
developed them. Loopholes that may hinder the achievement of thegoals of these ini a ves need to be iden fied and closed.
Timely sharing of procurement data will provide an opportunity to
get inputs from all stakeholders at every step of the open contrac ng
process. This will ensure that the feedback loop of Open Contrac ng
will be complete and the inputs will be used to improve the process
and sustain public trust and accountability.

20 Embracing Open Contrac ng in Africa

References
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Contrac ng Partnership: Blog. Available at: h ps://www.opencontracting.org/2017/10/05/role-infomediaries-improvingeﬃciency-transparency-accountability-public-contrac ng/
Djankov S, Federica S, and Asif, I (2016). Is public procurement a richcountry’s policy? World Bank: Blog. Available at: h ps://blogs.
worldbank.org/governance/public-procurement-rich-countrys-policy
Dlamini, P (2020). Opportunity to review ‘corrupt’ public procurement
system – Corrup on Watch. City Press. Available at: h ps://www.
news24.com/citypress/news/opportunity-to-review-corruptpublic-procurement-system-corrup on-watch-20200901
Fazekas, M and Kocsis, G (2015). Uncovering High-Level Corrup on:
Cross-Na onal Corrup on Proxies Using Government Contrac ng
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Ins tute. Available at: h p://www.govtransparency.eu/
wp-content/uploads/2015/11/GTI-WP2015-2-FazekasKocsis-151015.pdf
Hivos (2016). Open contrac ng lessons from 15 countries: A
synthesis report, November 2016. Available at: h ps://www.
open-contracting.org/wp-content/uploads/2016/12/OCHivosAr cle19-synthesisreport-1.pdf

Embracing Open Contrac ng in Africa

21

Open Contrac ng Partnership [OCP], (2016). Why open contrac ng
is essen al to open government. Open Contrac ng Partnership
Policy Brief. Available at: h ps://www.open-contrac ng.org/wpcontent/uploads/2016/01/OCP2015-Brief-OpenContractingOGP.pdf
OCP (2018). Guide to Defining Open Contrac ng Data Standard
Func onal Requirements for Electronic Government Procurement
Systems. Open Contrac ng Partnership. Available at: h ps://www.procurementinet.org/wp-content/uploads/2018/12/eGP-OCDS-guide-December-2018.pdf
Odhiambo, M (2020). Tender billions: How state agencies defied
Uhuru order. The Star News 2nd September, 2020. Available at:
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Sanchez V.B, Ousseynou N and P. Tine, (2020). When Covid-19
Confirms the Need for Open Contrac ng in Senegal. Development
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Transparency Interna onal UK, (2017). Making the Case forOpen Contrac ng in Healthcare Procurement. Crown AgentsFounda on. ISBN: 978-1-910778-64-7. Available at: h p:// health.org/wp-content/uploads/2017/01/Making-The-Case-forOpen Contrac ng TI PHP Web.pdf
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procurement and the management of public finances.pdf

22 Embracing Open Contrac ng in Africa

ATPS Technopolicy Brief Series•

The Digital Revolu on, Open Science, and Innova on for OpenScience Development in sub-Saharan Africa (ATPS Technopolicy
Brief No. 52)•

Nouvelles approaches de fi nancement de la recherché et deL’innovaƟ on en Afrique (ATPS Technopolicy Brief No. 51)•

New Approaches for Funding Research and InnovaƟ on in Africa(ATPS Technopolicy Brief No. 50)•

Towards Eﬀec ve Public-Private Partnerships in Research andInnova on: A perspec ve for African Science Gran ng Councils(ATPS TechnoPolicy Brief No. 49)•

Innova ve Prac ces and Policies for Promo ng Biodiversity
Informa cs in Sub Saharan Africa (ATPS TechnoPolicy Brief No.
48)•

Improving the Relevance of University Training to Labour Market
Demands in Africa (ATPS TechnoPolicy brief No.47)•

Developing Policies for Biodiversity Informa cs in sub-SaharanAfrica (ATPS Technopolicy brief No. 46)•

ICTs role in Agricultural Development: Prospects of Land Poten al
Knowledge System (LandPKS) ((ATPS TechnoPolicy brief No. 45)•

Mainstreaming Gender in the Na onal Science, Technology andInnova on (STI) Policy of Kenya (ATPS TechnoPolicy brief No. 44)
Embracing Open Contrac ng in Africa

23•Social Innova on: An untapped Resource for Inclusive Green
Growth (ATPS TechnoPolicy brief No. 43)•

Policy Axes that can uphold Agricultural Innova ons for Climate
Change Adapta on & Food Security in Central Africa: Case of
Cameroon, Equatorial Guinea and Central African Republic (ATPSTechnoPolicy brief No. 42)•

Frameworks for Intellectual Property Protec on of Tradi onal
Knowledge in Tanzania (ATPS TechnoPolicy brief No. 41)•

Assessment of Possible Intellectual Property Protec on Op onsof Tradi onal Knowledge System in Ethiopia (ATPS TechnoPolicy
brief No. 40)•

Towards influencing Na onal Legisla on, Policies, Strategies andProgrammes for appropriate Protec on and Benefit-Sharing ofTradi onal Knowledge (TK) with and by Tradi onal Herbalists in
Uganda. (ATPS TechnoPolicy Brief No 39)•

Tradi onal Healers and their provision of Mental HealthServices in Cosmopolitan Informal Se lements in Nairobi, Kenya.
(ATPS TechnoPolicy Brief No. 38)•

Policy Implica ons for Intellectual Property Systems for
Tradi onal Healers in Lesotho. (ATPS TechnoPolicy Brief No. 37)•

Incidence of Indigeneous and Innova ve Climate Change
Adapta on Prac ces for Smallholder Framers’ Livelihood Security
in Chikhwawa District, Southern Malawi. (ATPS TechnoPolicy
Brief No.36)•

Machobane Farming System and its Relevance to Climate Change
Policy in Lesotho. (ATPS TechnoPolicy Brief No. 35)

24 Embracing Open Contrac ng in Africa